This article establishes alarm permits and related controls
in the city.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
The following words, terms, and phrases shall have the meanings
respectively ascribed to them as follows:
A person or persons designated by the chief to administer,
control and review false alarm deduction efforts and administer the
provisions of this article.
Authorization granted by the alarm administrator and the
city to an alarm user to operate an alarm system.
The written application for and alarm permit filed by an
alarm user with the alarm administrator or city.
A single fixed premises or location served by an alarm system
or systems. Each unit in a multi-unit building or complex, if served
by a separate alarm system, shall be considered a separate alarm site,
and is further defined:
Commercial site.
Every premises or location where any business activity is
regularly conducted and which is served by an alarm system. Each unit
of a business premises or a business location if served by a separate
alarm system in a multi-unit building or complex shall be considered
a separate commercial alarm site.
Financial site.
Every premises or location or a financial institution which
is required to have an alarm system pursuant to the Bank Protection
Act.
Residential site.
A single-family residence and each residential unit of a
multi-unit building or complex served by an alarm system.
A device or system that emits or relays a signal intended
to summon or that would reasonably be expected to summon an emergency
service of the city. “Alarm system” does not include an
alarm installed on a vehicle (unless such vehicle is permanently located
at an alarm site), nor an alarm designed to alert only the inhabitants
of the premises.
The person designated in the alarm permit application who
owns, controls, or occupies any structure, residence or vehicle used
for a residence within the city, wherein an alarm system is maintained
and who is responsible for responding to alarms and giving access
to the alarm site and who is also responsible for proper maintenance
and operation of the alarm system and payment of fees and fines assessed
under this article.
An electrically-operated instrument composed of sensory apparatus
and related hardware which automatically sends, over regular telephone
lines, a prerecorded voice alarm upon receipt of a stimulus from the
sensory apparatus that has detected a physical force or condition
intrusion.
Chief of police of the City of Midlothian or authorized representative.
The City of Midlothian, Texas.
An individual qualifies for a disabled veteran alarm permit/renewal
fee exemption if the individual is a veteran who was designated as
100% disabled while serving with the U.S. Armed Forces. Any individual
claiming this exemption must provide official documentation to the
alarm administrator or designee at the time of the alarm permit application
from either the veteran’s administration or the branch of the
armed forces that clearly reflects the 100% disability rating.
An alarm notification to the police/fire communications center
when the responding police or fire personnel, after an inspection
of the interior or exterior of the premises, find no evidence of unauthorized
intrusion, robbery, attempted robbery, attempt to take a person hostage,
fire or an activated sprinkler system; or, no reasonable visual proof
of possible criminal activity recorded by an alarm systems monitor
is provided to the city at the time of the inspection of the premises
by the police. However, any call for assistance summoned manually
through an alarm system because of a perceived medical or personal
threat will not be considered false, nor any activation by natural
causes such as thunderstorms or lightning.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure, but is not
transmitted from the alarm site.
An alarm which is activated by the overt action of a person
to signal an intrusion, attempted unauthorized intrusion, robbery,
attempted robbery, or a hostage situation.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
Permit required; offense.
A person commits an offense
punishable by a fine of not less than $1.00 and not more than $250.00
if he/she activates, operates or causes to be operated an alarm system
without first obtaining a permit from the alarm permit administrator
and, thereafter, fails to renew the permit on or before the anniversary
date of the issuance of the initial alarm permit. Each day that the
person activates, operates or causes an alarm system to be operated
without a permit constitutes a separate offense.
(b)
Permit application required; fees.
Any individuals, homeowners, businesses and corporations using an alarm system within the city shall complete the application for an alarm permit as required by subsection (d)(2) of this section; shall maintain in full force and effect an alarm permit issued by the city pursuant to this article; and, shall pay such permit fees, renewal fees, reinstatement fees and service fees, as applicable, as set forth in the alarm systems fee schedule in section 3.19.010 herein.
(c)
Multifamily and apartments.
Each residential unit of
a multifamily unit, apartment, condominium, duplex, triplex, and/or
quadraplex will be classified as single-family residential. Each apartment
dwelling shall be classified as single-family residential and require
a separate permit. A tenant of a multifamily unit shall obtain an
alarm permit. The annual fee for this permit shall be same as the
fee for a residential alarm.
(d)
Permit application process.
(1)
The city must receive the initial permit fee at the time of submission
of the completed alarm permit application.
(2)
The permit application shall include, as a minimum, the following
information, on a form acceptable to the city:
(A)
The name, address, organization (corporation, partnership, etc.)
and telephone number of the person, firm, corporation, or other entity
in whose name the permit will be held;
(B)
The name, address, and telephone number of the person or persons
responsible for the maintenance and operation of the alarm system;
(C)
The name, address, and telephone number of the persons to be notified
should the alarm system be activated;
(D)
Purpose of the alarm;
(E)
Classification of the system as financial, commercial or residential
(to include multifamily units);
(F)
Description of the operation of the system;
(G)
Description of the methods by which the police/fire communications
center will be notified of alarm activation or if a local alarm only;
(H)
Indication of whether the alarm system is audible or silent; and
(I)
The name and address of the installer of the system.
(3)
A residential alarm user who is over the age of 65 or eligible to
receive the disabled veteran exemption may be issued a permit without
payment of the applicable fee, provided that at the time of the alarm
permit application, said permit applicant provides proof of age on
a state-issued identification card or driver’s license or official
documentation from either the veteran’s administration or the
branch of the armed forces that clearly reflects the 100% disability
rating.
(4)
Upon receipt of a completed permit application form and the required
permit fee, the alarm permit administrator shall issue an initial
alarm permit to an applicant unless the applicant has:
(e)
Permit renewal.
An alarm permit must be renewed on or before the anniversary date of its initial issuance each year by paying the required renewal fee (as provided for in the alarm systems fee schedule in section 3.19.010 herein) to the city and by submitting an updated alarm permit application. Regardless of the date that the renewal fee and late fee (if applicable) are paid and the application to renew the alarm permit is submitted to the city, the alarm permit shall be valid for the one (1) year period from the initial date that the alarm permit was first issued. The failure to timely renew the alarm permit on or before the anniversary date of the initial issuance of the alarm permit shall be deemed a violation of subsection (a) of this section, and shall subject the person operating the alarm system without a permit to late fees and reinstatement fees as set forth in the alarm systems fee schedule in section 3.19.010 herein. The foregoing notwithstanding, no permit shall be deemed expired unless and until the alarm permit administrator has sent thirty (30) days notice to the alarm user of the obligation of the alarm user to renew the alarm permit on the one (1) year anniversary date of the initial issuance of the permit.
(f)
Duty of permittee to update information.
Should any change occur in any of the information required by subsection (d)(2) herein during the term of the permit, the permittee shall, within ten (10) days of the change of such information on the permit application, be kept current at all times. Violation of this subsection may result in class C misdemeanor charges and/or suspension of the permit.
(g)
Permits nontransferrable.
No alarm permit shall be transferable
to any other person, firm, corporation or entity. New owners/tenants
must apply for new alarm permit within ten (10) days of occupancy
or control of property.
(h)
Confidentiality.
Information furnished to the city in
all permit applications or by an alarm user regarding the alarm system
shall be considered confidential and not subject to public disclosure
unless required by law.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
Permittees
or their designated service representative shall adjust or modify
sensory mechanisms to suppress false indications of force so that
the alarm system will not be activated due to transient pressure changes
in water pipes, flashes of light, wind noise caused by rattling of
windows or doors, vehicular noise, electrical power fluctuations,
acts of nature or other forces unrelated to an actual emergency.
(b)
The
alarm system shall be adjusted to allow for a total of no more than
five (5) minutes of sound after activation, if the alarm was activated
due to a false alarm.
(c)
Permittees or an authorized representative shall be required to arrive at the alarm site within sixty (60) minutes after being notified by the alarm company or the police/fire communications center of alarm activation. Failure to respond as required shall result in a letter of warning from the chief of police or designee on the first occasion of nonresponse. A second failure to respond may result in suspension of the alarm permit until the permit holder satisfactorily completes the requirements for reinstatement set forth in section 3.19.009 herein.
(d)
Posting of permit identification decal.
Each permittee
shall conspicuously post the city alarm permit identification decal
in a window or door facing the street or viewable from the front of
the structure.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
At the time of permit renewal as required in section 3.19.003(e), the alarm administrator shall review the permittee’s permit records and assess a service fee (as set forth in the alarm systems fee schedule in section 3.19.010 herein) for the city’s response to false alarms that occurred at an alarm site during the preceding permit year.
(b)
Failure to pay a service fee as required in this section within thirty (30) days of billing shall subject the permittee to the penalties prescribed in section 3.19.011 and may result in suspension of the permit.
(c)
The
police officer or department designee assigned to respond to an alarm
site shall make the initial determination as to whether or not an
alarm notification is a false alarm as defined by this article. The
officer will prepare a report for the chief of police or his representative.
Should the initial decision be appealed, the chief of police or his
representative shall make the final decision of whether any alarm
notification was a false alarm.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
Businesses
that monitor and relay alarm notifications to the police/fire communications
center shall be licensed by the state private security bureau as provided
by state law. The relay of such alarm notification shall be by a human
operator on a telephone line designated by the chief of police or
his designee.
(b)
No
alarm system shall be permitted to have a direct connection from the
alarm site to the city police/fire communications center.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
The
alarm administrator may suspend any permit upon the occurrence of
any of the following conditions:
(1)
The alarm applicant or user provides false information in or in connection
with the alarm permit application;
(2)
The alarm user has failed to renew the alarm permit after thirty
(30) days written notice from the alarm administrator;
(3)
If the alarm site has eight (8) or more false alarms during the alarm
permit year;
(4)
If permit fees are not timely paid; and
(5)
If any false alarm fines or service fees are more than sixty (60)
days past due.
(b)
The alarm user may appeal the suspension of an alarm permit in accordance with the provisions of appeal set forth in section 3.19.008 herein.
(c)
The
alarm administrator will notify the alarm user in writing by regular
mail thirty (30) calendar days prior to the effective date an alarm
permit has been suspended and the reason for the suspension. The notice
of suspension may also include the amount of the fine or service fee
associated with the false alarms, if applicable.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
If
the alarm administrator assesses a fee or denies the issuance, renewal
or reinstatement of an alarm permit, the alarm administrator shall
send written notice of the action and a statement of the right of
appeal to the applicant or the alarm user.
(b)
The
alarm user may appeal an assessment of a fee or the suspension of
the alarm permit to the alarm administrator within fourteen (14) calendar
days of the date of the notice sent to the user regarding the suspension.
The appeal request by the user must be made in writing and given to
the alarm administrator within fourteen (14) calendar days of the
notice of suspension letter setting forth the reason for the appeal
and by submitting a certified check in the amount of $25.00 payable
to the city to cover the cost of processing the appeal. The payment
for the cost of the appeal will not be refunded.
(c)
Within
fourteen (14) calendar days of the request for the appeal, the designated
hearing officer for the police department will contact the alarm user
and the alarm administrator to schedule the appeal hearing. The hearing
administrator will hear the appeal and facts as presented by the appellant
and alarm administrator, affording both parties a reasonable and equal
amount of time for the presentation of facts, evidence and questioning.
Within ten (10) business days of the hearing, the hearing administrator
shall render a final, written decision affirming or reversing the
decision of the alarm administrator. Such written decision will be
filed with the alarm permit.
(d)
Filing
a notice of appeal shall stay the action by the alarm administrator
suspending an alarm or requiring payment of a fine until the hearing
administrator hears the appeal. If an appeal is not requested to the
alarm administrator or hearing officer within fourteen (14) calendar
days of notice of suspension, the action of the alarm administrator
is final.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
(a)
An
applicant for an initial permit or an alarm user whose alarm permit
application has been denied or suspended may be issued a new alarm
permit if the person:
(1)
Submits a new alarm permit application to the alarm administrator;
(2)
Pays a reinstatement fee as set forth in the alarm systems fee schedule in section 3.19.010 herein prior to reissuance of the permit;
(3)
Pays all outstanding late fees and/or false alarm service fees assessed
under this article for which a bill has been issued;
(4)
Pays or otherwise resolves all citations in municipal court issued
to the person under this article, and
(5)
Submits documentation to the alarm permit administrator stating that
the permit holder has performed all necessary repairs or adjustments
required by the city, and has complied with all provisions of this
article.
(b)
Reissuance
of the permit runs from the time it is reissued until the permit’s
renewal date, unless suspended again.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
The following alarm systems fee schedule is hereby adopted in
relation to fees assessed according to this article:
|
Alarm Systems Fee Schedule
| |
|---|---|
|
|
Effective Fee Amount
|
|
Fee Type
| |
|
Initial permit fee
|
$25.00
|
|
Annual renewal fee
|
$25.00
|
|
Reinstatement fee
|
$100.00
|
|
Service Fee (based on number of false alarms in
preceding 12-month period)
| |
|
0–3 false alarms
|
No fee
|
|
4–5 false alarms
|
$50.00
|
|
6–7 false alarms
|
$75.00
|
|
8 or more false alarms
|
$100.00
|
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
Any person, firm or corporation violating any of the provisions of this article as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city, shall be subject to a fine as provided in section 1.01.009 for each offense, and every day shall constitute a separate offense.
(Ordinance 2015-16, sec. 1, adopted 7/28/15)
