(a)
The
purpose of this article is to encourage alarm users and alarm companies
to properly use and maintain alarm systems in order to improve the
reliability of alarm systems and to reduce or to eliminate false alarms.
(b)
This
article governs and regulates the use of alarm systems intended to
summon law enforcement response and requires permitting, establishes
fees, provides penalties for violations, establishes a system of administration,
and sets conditions for the suspension of police response or revocation
of permits.
(Ordinance 2020-22 adopted 8/8/20)
In this article the following terms and phrases shall have the
following meanings:
A person or persons designated by the city to administer,
control, and review false alarm reduction efforts and to administer
the provisions of this article.
A notification to a law enforcement agency that an alarm,
either manual or automatic, has been activated at a particular alarm
site.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving, or installing an
alarm system in an alarm site. This definition shall also include
individuals or firms installing and servicing the alarm systems that
will be used in their private or proprietary facilities. This definition
does not include persons doing installation or repair work where such
work is performed without compensation of any kind.
Authorization granted by the alarm administrator to an alarm
user to operate an alarm system.
Any of the following types of signals:
Duress alarm.
A silent alarm signal generated by the entry of a designated
code into an arming station in order to signal that the alarm user
is being forced to turn off the system and that law enforcement response
is required.
False alarm.
(A)
(B)
(C)
A notification to law enforcement of possible criminal activity
that:
Is based solely on electronic information remotely received
by an alarm systems company;
Is uncorroborated by eyewitness, video, or photographic evidence
that an emergency exists; and
Following an onsite inspection of the alarm site, has been confirmed
by the city to concern a situation where no emergency exists.
Holdup alarm.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress or that a robbery
has just occurred.
Panic alarm.
An audible alarm system signal generated by the manual activation
of a device intended to signal a life-threatening or emergency situation
requiring law enforcement response.
A single fixed premises or location served by an alarm system
or systems under the control of one owner or tenant. Each unit, if
served by a separate alarm system in a multi-unit building or complex,
shall be considered a separate alarm site. Alarm sites include the
following categories:
Commercial site.
Each premises or location where any business activity is
regularly conducted that is served by an alarm system. Each unit of
said premises or location, if served by a separate alarm system in
a multi-unit building or complex, shall be considered a separate commercial
alarm site.
Educational site.
Every nonresidential premises or location of a private school
that provides academic instruction meeting the compulsory education
requirements to students enrolled in Kindergarten through Twelfth
Grade, or selected grades therein, or a school administrative office
of such a school that is served by an alarm system. This term does
not include private day care facilities, childcare facilities, and
facilities providing specialized training such performing arts instruction,
tutoring, fitness programs and the like.
Government site.
Every premises or location of any federal, state, county,
or municipal government office or of Hays Consolidated Independent
School District that is served by an alarm system.
Residential site.
A single-family residence or each residential unit of a multi-unit
building or complex that is served by an alarm system.
A device or system that transmits a signal intended to summon
law enforcement in response to a criminal trespass or a burglary.
The term includes an alarm that emits an audible signal on the exterior
of a structure. The term does not include an alarm installed on a
vehicle, unless the vehicle is used for a habitation at a permanent
site, or an alarm designed to alert only the inhabitants within the
premises.
A person who sells, installs, services, monitors, or responds
to an alarm system or detection device.
Any person who owns or operates an alarm system or who has
contracted for monitoring, repair, installation, or maintenance service
from an alarm systems company.
A class conducted for the purpose of educating alarm users
about the responsible use, operation, and maintenance of alarm systems
and the problems created by false alarms.
A device that allows for the control of an alarm system.
Any electrical, electronic, mechanical, or other type of
device capable of being programmed to send a prerecorded voice message,
when activated, over a telephone line, radio, or other communication
system to a law enforcement, public safety, or emergency services
agency requesting dispatch.
The process by which response is terminated by an alarm systems
company after an alarm dispatch request notifies law enforcement that
there is not an existing situation at the alarm site requiring a response
by law enforcement.
The City of Buda, Texas.
The transaction or process by which one alarm systems company
begins the servicing and/or monitoring of a previously unmonitored
alarm system or of an alarm system previously serviced and/or monitored
by another alarm systems company.
The chief of police or another authorized representative
of a law enforcement agency.
A license as prescribed in chapter 1702, Occupations Code.
An individual, corporation, partnership, association, organization,
or similar entity.
An individual who is capable of reaching the alarm site within
thirty (30) minutes and who has access to the alarm site, the code
to the alarm system, and the authority to approve repairs to the alarm
system.
The American National Standard Institute-approved Security
Industry Association Control Panel Standard (“ANSI/SIA CP-01
standard”), as may be updated from time to time, that details
recommended design features for security system control panels and
their associated arming and disarming devices to reduce the incidence
of false alarms. Control panels built and tested to this standard
by Underwriters Laboratory or other nationally recognized testing
organizations will be marked to state: “Design evaluated in
accordance with SIA CP-01 Control Panel Standard Features for False
Alarm Reduction.”
The transaction or process by which an alarm user assumes
control of an existing alarm system that was previously controlled
by another alarm user.
Attempts by the alarm systems company or its representative
to contact the alarm site and/or alarm user by telephone, whether
or not actual contact with a person is made, to determine whether
an alarm signal is valid before requesting law enforcement dispatch,
involving a minimum of two (2) calls to the alarm site and/or to one
or more alternate phone numbers before an alarm dispatch request is
made.
(Ordinance 2020-22 adopted 8/8/20)
(a)
No
alarm user shall operate or allow others to operate on the alarm user’s
behalf an alarm system that is intended to summon law enforcement
response to its alarm site unless a valid alarm permit has been issued
for the alarm system. A separate alarm permit is required for each
alarm site. An alarm permit is not valid if it has been denied or
revoked.
(b)
Any
alarm user must submit the alarm permit application to the alarm administrator
no later than fifteen (15) days after the day the alarm system is
installed or the day an alarm system conversion or takeover occurs.
(c)
Law
enforcement response to any request for service including a permitted
alarm activation is a governmental function. Any such response and
the methods used to respond are subject to the sole discretion of
the appropriate law enforcement officials. Obtaining a permit to operate
an alarm system which is used to summon law enforcement response does
not establish a contractual agreement for law enforcement services
or other form of security services.
(d)
Upon discovering any alarm site that does not have a valid alarm permit, the alarm administrator will first inform the alarm user and/or custodian of an unpermitted alarm site of the duty to permit the alarm system at the alarm site as required by this section. If the alarm user or custodian of the alarm site fails to submit a permit application within fifteen (15) days of receipt of such notice, the city may suspend future responses as described in section 8.07.008. After fifteen (15) days, each day that the alarm user or custodian of the alarm site fails to submit a permit application constitutes a separate offense.
(e)
Upon receipt of a completed alarm permit application and payment of the alarm permit fee as provided in appendix A of this code, the alarm administrator shall permit the alarm system unless the applicant has:
(f)
Each
alarm permit application must include the following information:
(1)
The name, complete address (including the apartment or suite number,
if applicable), and telephone numbers of the person who will hold
the permit and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this article;
(2)
The classification of the alarm site as either residential, commercial,
educational, or government;
(3)
For each alarm system located at the alarm site, the classification
of the alarm system and whether it is audible or silent;
(4)
The alarm user’s mailing address, if different from the address
of the alarm site;
(5)
Any dangerous or special conditions present at the alarm site;
(6)
The names and telephone numbers of at least two responders;
(7)
The type of business conducted at the alarm site, if the alarm site
is commercial; and
(8)
A signed certification from the alarm user stating:
(A)
The date of the installation, conversion, or takeover of the alarm
system; and
(C)
The name, address, telephone number, and number of any license of
the alarm systems company that is responsible for monitoring the alarm
site, if different from the alarm installation company;
(D)
Confirmation of receipt by the applicant of a set of written operating
instructions for the alarm system, including written guidelines on
how to avoid false alarms, by the alarm systems company;
(E)
Confirmation that the alarm systems company has trained the applicant
in proper use of the alarm system, including instructions on how to
avoid false alarms; and
(9)
A disclaimer that law enforcement response may be affected by factors
including, but not limited to, the availability of police units, the
priority of calls, weather conditions, traffic conditions, emergency
conditions, and staffing levels.
(g)
Once
issued, an alarm permit shall be valid for the alarm site as long
as the site remains in control of the alarm user, unless such alarm
permit is revoked or suspended in accordance with this article.
(h)
Any
false statement of a material fact made by an applicant for the purpose
of obtaining an alarm permit shall be sufficient cause for refusal
to issue a permit.
(i)
An
alarm permit cannot be transferred to another person or alarm site.
An alarm user shall inform the alarm administrator of any change that
alters any of the information listed on the alarm permit application
within five (5) business days of such change. A fee shall not be assessed
on timely changes to permit applications pursuant to this subsection,
except for changes implicating a takeover or conversion.
(j)
All
applicable fees owed by an applicant must be paid before an alarm
permit may be issued, renewed or revised. No refunds of alarm permit
fees will be made.
(Ordinance 2020-22 adopted 8/8/20)
(a)
An
alarm user shall:
(1)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms;
(2)
Make every reasonable effort to procure a response by a responder
upon an alarm activation; and
(3)
Refrain from activating an alarm system for any reason other than
an occurrence of an event that the alarm system was designed to report.
(b)
An
alarm user shall adjust the alarm system or cause the alarm system
to be adjusted so that an alarm signal audible on the exterior of
an alarm site will sound for no longer than ten (10) minutes after
being activated.
(c)
An
alarm user shall not use automatic voice dialers.
(d)
At
the alarm site, an alarm user shall maintain a set of written operating
instructions for each alarm system.
(e)
Individuals
who have installed their own systems and firms that have installed
proprietary systems shall comply with all of the requirements for
alarm users in this article.
(Ordinance 2020-22 adopted 8/8/20)
(a)
Upon
the installation or activation of an alarm system, an alarm systems
company shall distribute to alarm users information summarizing:
(b)
An
alarm systems company installing or activating an alarm system shall
notify the city of said installation or activation not later than
the fifteenth (15th) day after the date that the alarm system is installed
or activated, whichever is later.
(c)
Upon
the installation or activation of an alarm system, the alarm installation
company responsible for the installation or activation shall provide
to the city:
(d)
The
duties imposed by this article on an alarm systems company do not
apply to the installation or activation of a personal emergency response
system, as defined under section 1702.331, Occupations Code.
(e)
Upon
the effective date of this article, an alarm systems company shall
not install a device that is not a single-action, non-recessed button
to activate a holdup alarm.
(f)
Upon
the effective date of this article, an alarm systems company may not
install any alarm system, that includes a detection device control
panel, unless the control panel is listed to meet at a minimum the
SIA CP-01 Control Panel Standard Features for false alarm reduction.
(g)
An
alarm systems company or an alarm installation company may not install
or activate automatic voice dialers.
(h)
For
all alarm signals, an alarm systems company shall:
(1)
Verify every burglar alarm signal, except those involved with duress
or holdup alarm activations, before requesting a law enforcement response
to an alarm site;
(2)
Report alarm signals and dispatch requests to alarm users by using
telephone numbers designated by the alarm administrator;
(3)
Communicate cancellations to the city in a manner and form determined
by the alarm administrator;
(4)
Communicate to law enforcement available pertinent information about
the alarm site;
(5)
Communicate to law enforcement the type of alarm activation; and
(6)
After an alarm dispatch request, promptly advise the law enforcement
agency if the alarm systems company knows whether the alarm user or
the responder is en route to the alarm site.
(i)
Information
provided to the city under this section is confidential and may not
be disclosed to the public except as required by law.
(j)
All
alarm systems companies shall maintain licenses as required by chapter
1702, Occupations Code.
(Ordinance 2020-22 adopted 8/8/20)
(b)
The
alarm administrator may establish a procedure for the notice to the
alarm user of a false alarm. The notice may include:
(1)
The date and time of law enforcement response to the false alarm;
(2)
The identification number of the responding law enforcement officer;
and
(3)
A statement urging the alarm user to ensure that the alarm system
is properly operated, inspected, and serviced in order to avoid false
alarms and any resulting fees.
(c)
The
alarm administrator may create and implement an alarm user awareness
class. The alarm administrator may request the assistance of associations,
alarm systems companies, law enforcement agencies, and other entities
the alarm administrator deems appropriate to develop and implement
the class. Should the alarm administrator choose to create and implement
a class, the class shall inform alarm users of the problems created
by false alarms and teach alarm users how to avoid generating false
alarms.
(d)
At
the request of an alarm user, the alarm administrator shall provide
a copy of this article to the alarm user.
(Ordinance 2020-22 adopted 8/8/20)
(a)
An alarm user of a permitted alarm system which signals more than three (3) false alarms at the same alarm site during the preceding twelve (12) month period shall be required to pay false alarm fees as provided in appendix A of this code.
(b)
The
city shall determine from an inspection of the interior and/or exterior
of the premises whether the signal was a false alarm. The city may
not consider a false alarm to have occurred if the city takes longer
than thirty (30) minutes to respond to the alarm dispatch request.
(c)
An alarm user shall be required to pay an unpermitted alarm system fee as provided in appendix A of this code for each alarm dispatch request response by an unpermitted alarm system.
(d)
Within
thirty (30) days of each false alarm, the alarm administrator shall
notify the alarm user in writing of the following:
(1)
The amount of the fee assessed for the false alarm;
(2)
Notice that law enforcement response will be suspended after the
ninth (9th) report of a false alarm, excluding reports for false duress,
holdup, and panic alarms; and
(3)
A description of the procedure available to the alarm user to appeal
the fee.
(e)
If
law enforcement response is to be suspended at an alarm system location,
the alarm administrator shall notify the alarm user and the alarm
systems company in writing thirty (30) days before alarm response
is to be suspended. The notice shall include the amount of the fee
for each false alarm and a description of the process available to
the alarm user and the alarm systems company to appeal the suspension.
(f)
The
alarm administrator or a law enforcement agent may strike a report
of a false alarm based on evidence that:
(1)
The false alarm was caused by an act of God;
(2)
The false alarm was caused by an action of a telephone company;
(3)
The false alarm was caused by a power outage lasting longer than
four (4) hours;
(4)
The alarm dispatch request was not for a false alarm; or
(5)
The law enforcement response was not completed within thirty (30)
minutes of the alarm dispatch request.
(g)
Multiple
false alarms occurring within a twenty-four (24) hour period shall
be counted as one false alarm.
(Ordinance 2020-22 adopted 8/8/20)
The alarm administrator may suspend law enforcement response
to an alarm site by revoking the alarm permit if:
(1)
The
alarm user has reported more than eight (8) false alarms during the
preceding twelve (12) month period;
(2)
There
is a false statement of a material fact in the application for a permit;
(4)
The
permit application is otherwise incomplete.
(Ordinance 2020-22 adopted 8/8/20)
(a)
The
city may enforce this article through civil enforcement action as
provided in subchapter B, chapter 54, Local Government Code and/or
through criminal enforcement action.
(b)
Any person who violates or who causes, allows or permits another to violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1.01.009(a), except as otherwise provided in this article. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner, occupant or resident of the premises or part thereof where anything in violation of this article shall be placed or shall exist, or any lessee, tenant, employee, agent or corporation employed in connection therewith who may have assisted in the commission of such violation shall be guilty of a separate offense and, upon conviction, shall be subject to the penalties provided in section 1.01.009(a).
(Ordinance 2020-22 adopted 8/8/20)
A property owner may elect to exclude the city from receiving
an alarm signal by an alarm system located on the owner’s property.
The owner must notify the city in writing of such election and must
take action to ensure the alarm system does not generate a law enforcement
dispatch signal. If such an election is made, the city may not impose
a fee to obtain a permit to use the alarm system. The city may impose
an excluded notification alarm system response fee on the property
owner or agent, as provided in appendix A12.00(e) of this code, for
each law enforcement response to an alarm dispatch request from an
excluded alarm system.
(Ordinance 2020-22 adopted 8/8/20)
(a)
If
the alarm administrator assesses a fee, revokes an alarm permit, or
denies the issuance, revision, or reinstatement of an alarm permit,
the alarm administrator shall send to the applicant or alarm user
and to the alarm user’s alarm systems company written notice
of the fee, revocation, or denial of the issuance, revision, or reinstatement
of an alarm permit along with information regarding the right to appeal
the decision.
(b)
The alarm user and/or the alarm systems company may appeal an assessment of a fee, the revocation of an alarm permit, or denial of the issuance, revision, or reinstatement of an alarm permit to the alarm administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after the receipt of the notice. The appellant must pay an appeal fee as provided in appendix A of this code along with the written appeal. If the alarm administrator’s decision is reversed, the appeal fee will be refunded to the appellant.
(c)
A
hearings official, as designated by the city manager or the city manager’s
agent, shall conduct and preside over a formal hearing on an appeal
described in this section within thirty (30) days of receipt of the
request for an appeal. The hearings official shall not be a member
of law enforcement. The hearings official will decide to grant or
deny the appeal based on the preponderance of evidence presented at
the hearing. The hearings official must render a decision within fifteen
(15) days after the date of the hearing either affirming or reversing
the decision of the alarm administrator.
(Ordinance 2020-22 adopted 8/8/20)
(a)
A
person whose alarm permit has been revoked may, at the discretion
of the alarm administrator, have the applicable alarm permit reinstated
if the person:
(1)
Submits a new application and pays a permit reinstatement fee as provided in appendix A of this code;
(2)
Pays or resolves all outstanding charges and fees;
(3)
Submits a certification from the person’s alarm systems company
stating that the alarm system has been repaired or adjusted in an
attempt to eliminate false alarms and/or that the alarm user has been
made aware of behavioral issues that might cause false alarms; and
(4)
Attends an alarm user awareness class if one is provided.
(b)
No
refunds of permit reinstatement fees will be made.
(Ordinance 2020-22 adopted 8/8/20)
