In this article:
Alarm site.
A single premises or location (one street address) served
by an alarm system or systems that are under the control of one owner.
Alarm system.
Electronic equipment and devices; electronic equipment and
devices using a computer or data processor; or television camera,
still camera, or video devices that emit, transmit, or relay a signal
intended to summon, or that would reasonably be expected to summon,
Police Department services, Fire Department services or Fire Department
emergency medical services including, but not limited to, local alarms.
“Alarm system” does not include:
(1)
An alarm installed on a vehicle unless the vehicle is permanently
located at a site; or
(2)
An alarm designed to alert only the inhabitants of a premises
which does not have a local alarm.
Burglar alarm notification.
A notification intended to summon the police which is initiated
or triggered manually or by an alarm system designed to respond to
a stimulus characteristic of an unauthorized intrusion.
Burglary.
An offense as defined in the Texas Penal Code, chapter
30.
Communications center.
The designated unit of the City Police and Fire Departments
that has the responsibility of answering incoming phone calls and
dispatching police and fire units.
Director.
The City of Garland Chief of Police or his authorized representative.
False burglar alarm notification.
A burglar alarm notification to the Police Department that
is uncorroborated by eyewitness, video, or photographic evidence and
where police officer(s) respond within thirty (30) minutes of being
notified and from an inspection of the interior or exterior of the
alarm site find no evidence that criminal activity occurred.
False fire alarm notification.
A fire alarm notification to the Fire Department when the
responding Fire Department personnel find no evidence of a fire having
occurred or of a need for Fire Department services.
Financial Institution.
A bank or savings and loan association required to have an
alarm system pursuant to the provisions of the Bank Protection Act
of 1968 (12 U.S.C. 1882).
Fire alarm notification.
A notification to the Fire Department intended to summon
units of the Fire Department which is initiated or triggered manually
or mechanically by an alarm system designed to react to any of the
visual or physical characteristics of a fire.
Local alarm.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of the alarm site.
Person.
A natural person, corporation, partnership, association or
unit of government.
Personal emergency response system.
An alarm system that is: installed in the residence of a
person; monitored by an alarm systems company; designed only to permit
the person to signal the occurrence of a medical or personal emergency
on the part of the person so that the company may dispatch appropriate
aid; not part of a combination of alarm systems that includes a burglar
alarm or fire alarm.
Robbery.
An offense as defined in the Texas Penal Code, chapter 29.
Robbery alarm notification.
A notification by means of an alarm system designated to
be activated by an intentional act so that the police will be notified
when a robbery occurs.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11; Ordinance 6889, sec. 1, adopted 2/21/17)
(A) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the director unless that person has opted to exclude the City from receiving an alarm signal by an alarm system located at the alarm site as provided in subsection
(H).
(B) Any
person owning, possessing, or operating an alarm system on the effective
date of this article shall apply for an alarm permit within ninety
(90) days after the enforcement date.
(C) Upon
receipt of a completed application form, the director shall issue
an alarm permit unless:
(1) The
applicant has failed to pay a service fee assessed under this article;
(2) The
applicant has outstanding fines or violations of this article; or
(3) The
applicant has had an alarm permit for the alarm site revoked and the
violation causing the revocation has not been corrected.
(D) Each
permit application shall contain the following information:
(1) The
name, home address and primary telephone number of the person who
will be the permit holder and will be responsible for the proper maintenance
and operation of the alarm system and payment of fees and fines assessed
under this article. The primary telephone number provided under this
section should be the same as the primary telephone number on file
with the monitoring alarm company.
(2) Classification
of the alarm site as residential, commercial, financial institution
or senior citizen.
(3) Identification
of each alarm type at the alarm site (e.g. burglary, robbery, fire,
etc.).
(4) The
names, home addresses and telephone numbers of at least two (2) persons,
in addition to the permit holder, who have key access to the alarm
site and who can respond to the alarm site within thirty (30) minutes
when notified by the Police or Fire Departments.
(5) The
name, address and telephone number of the alarm company that maintains
or services each alarm system at the alarm site.
(6) The
type of alarm announcer, whether audible or silent, at the alarm site.
(7) Other
information required by the director which is necessary for the enforcement
of this article.
(E) Any
false statement of a material matter made by an applicant for the
purpose of obtaining an alarm permit or renewal, or while making a
change thereto, shall be sufficient cause for refusal to grant, or
for suspension of, an alarm permit.
(F) An alarm permit may not be transferred or assigned to another person. A permit holder may transfer the permit to another address (of the same classification) by filing an address transfer application with the director on a form to be provided by the director for that purpose and by paying a permit transfer fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. The permit holder may change person(s) designated to respond to an alarm or to relay an alarm by providing written notice of the change to the director at least five (5) business days prior to the effective date of the change. The permit holder shall inform the director of any event, occurrence or change in circumstance that renders any information listed on the permit application inaccurate within five (5) business days of such event, occurrence or change in circumstance. No fee shall be assessed for such a change.
(G) All
fees or fines owed by an applicant shall be paid before a permit may
be issued or renewed.
(H) A person
opting to exclude the City from receiving an alarm signal by an alarm
system located on the person’s property shall submit a notification
form containing the following information:
(1) The
name, home address and primary telephone number of the person who
will be responsible for the alarm system and payment of any fines
assessed under this article;
(2) Classification
of the alarm site as residential, commercial, financial institution
or senior citizen;
(3) Identification
of each alarm type at the alarm site (e.g. burglary, robbery, fire,
etc.);
(4) The
type of alarm announcer, whether audible or silent, at the alarm site;
(5) An
acknowledgement that the person will be responsible for fee not to
exceed $250.00 for each response requested to the alarm site; and
(6) Other
information required by the director which is necessary for the enforcement
of this article.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6260, sec. 7, adopted 9/2/08; Ordinance 6442, sec. 1, adopted 2/8/11; Ordinance 6889, secs. 2–3,
adopted 2/21/17; Ordinance 7363 adopted 9/6/2022)
The fees for alarm permits or renewal of alarm permits are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. Alarm site locations described in section
26.83(I) of this article are required to maintain valid permits, but are exempt from any permit fee. A permit is valid for one year from the date of its issuance. It is the responsibility of the permit holder to renew the permit prior to expiration. The City will provide at least thirty days’ notice to the permit holder of the expiration date. A completed renewal application must be completed not less than ten days before the expiration of the alarm permit.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 4654, sec. 1, adopted 2/16/93; Ordinance 5847, sec. 6, adopted 9/7/04; Ordinance 6260, sec. 8, adopted 9/2/08; Ordinance 6442, sec. 1, adopted 2/8/11; Ordinance 6889, sec. 4, adopted 2/21/17; Ordinance 7086, sec. 11, adopted 9/3/19; Ordinance
7363 adopted 9/6/2022)
(A) A permit
holder or person in control of an alarm system shall:
(1) Maintain
the premises containing an alarm system in a manner that ensures proper
operation of the alarm system;
(2) Maintain
the alarm system in a manner that will minimize false alarm notifications;
(3) Respond
or cause a representative to respond within a reasonable period of
time when notified by the director to repair or inactivate a malfunctioning
alarm system, to provide access to the alarm site, or to provide security
for the alarm site; and
(4) Not
manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
(B) A permit
holder or person in control of a local alarm shall adjust the mechanism
or cause the mechanism to be adjusted so that an alarm signal will
sound for no longer than twenty (20) minutes after being activated.
(C) A permit
holder shall display or cause to be displayed street address numbers
in a prominent exterior location at both the front and rear of the
alarm site. The address number(s) shall be not less than three (3)
inches in height and of a color contrasting to its background. Nonresidential
alarm sites shall display, in a prominent exterior location, in English,
the name of the business at the front of the alarm site.
(D) A permit
holder or person in control of an alarm system shall adjust the mechanism
or cause the mechanism to be adjusted in order to suppress false indications
of force so that the alarm system will not be activated by impulses
due to:
(1) Transient
pressure changes in water pipes;
(3) Wind
noise caused by the rattling or vibration of doors or windows;
(4) Vehicular
noise adjacent to the alarm site; or
(5) Other
forces unrelated to actual emergencies.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
A permit holder or person in control of a local alarm or an
alarm system that causes an alarm notification to be sent directly
to the Police or Fire Departments shall adjust the mechanism or cause
the mechanism to be adjusted so that, upon activation, the system
will not transmit another alarm signal without first being manually
reset.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
A permit holder shall not report alarm signals through a relaying
intermediary that does not meet the requirements of this article and
the rules and regulations promulgated by the director.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) A person
shall not install or maintain an alarm system except for the purpose
of eliciting responses to burglaries, robberies, fires or requests
for emergency medical assistance, unless specifically authorized by
the director.
(B) If innovations
in alarm systems or other types of alarm devices adversely affect
emergency services of the City, the director may promulgate rules
and regulations in order to protect the emergency services of the
City.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
A person who is engaged in the business of relaying alarms to
the Police or Fire Department shall:
(1) Send
notification of an alarm to the Police or Fire Department by a human
operator only;
(2) Send
alarm notifications to the Police and Fire Departments in a manner
and form determined by the director; and
(3) Send
alarm notifications only on special trunk lines designated by the
director.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) No permit
holder and no person shall operate or cause to be operated any automatic
dialing service which, when activated, uses a telephone device or
attachment to automatically select a telephone line leading into the
Police or Fire Department communications center and then transmit
any prerecorded message or signal.
(B) Any
alarm system that incorporates an automatic dialing mechanism may
be considered in compliance with this section for a period not to
exceed one (1) year from the date of enactment of this article, providing
the alarm system employs a manual reset and meets the specific guidelines
set forth by the director for such systems.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) A financial
institution that is required to have an alarm system pursuant to the
provisions of the Bank Protection Act of 1968 (12 U.S.C. section 1882)
may install, with the permission of the director, a circuit line directly
to the Police Department for the purpose of reporting burglaries and
robberies. If such an arrangement is made, all other requirements
of this article shall be met. The financial institution shall execute
a letter of agreement with the City of Garland, permitting the installation
of all necessary equipment on an indicator panel monitored in the
Police Department communications center. The installation shall be
accomplished at the expense of the financial institution. The installation
shall be made in accordance with procedures set forth by the director.
(B) The
director may, at reasonable times and upon oral notice, inspect the
alarm system and the alarm site and require necessary repairs or improvements.
If the director finds that the alarm system continually fails to operate
or be operated in compliance with this article, the director may terminate
the privilege to have equipment and indicators in the communications
center of the Police Department and require prompt removal of same
at the expense of the financial institution.
(C) The
financial institution, at its expense, shall make arrangements to
provide service for the alarm system at the request of the financial
institution or the director on a twenty-four (24) hours a day, seven
(7) days a week basis. In no event shall the City of Garland become
liable for service charges for repairs and maintenance of any such
equipment.
(D) The
financial institution may cancel its agreement with the City at any
time by giving the City written notice through the director, whereupon
such institution, at its expense, shall have its equipment and indicators
removed from the monitor panel in the Police Department communications
center.
(E) The
director may require a change, modernization or consolidation of alarm
signaling equipment to bring such equipment into compliance with this
article. In no event shall the City become liable for charges for
such changes.
(F) Alarm
system testing shall be performed according to rules promulgated by
the director.
(G) Instead
of a direct circuit, a financial institution may choose to report
burglaries and robberies by indirect alarm reporting.
(H) Only
financial institutions and facilities owned or operated by the City
shall be permitted to install equipment directly to the alarm indicator
panel monitored in the Police Department communications center.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) Upon
reasonable notification, the director, fire chief, fire marshal or
their designated representative may inspect an alarm site and alarm
system of a permit holder.
(B) An inspection
does not constitute a warranty or representation that an alarm system
will work, is appropriate, or will otherwise ensure safety.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
A permit holder or person in control of an alarm system shall
maintain, at each alarm site, a complete set of written operating
instructions for each alarm system. Special codes, combinations or
passwords shall not be included in these instructions. The instructions
shall be available during an inspection of the alarm site.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) If there
is reason to believe that an alarm system is not being used or maintained
in a manner that ensures proper operation and that suppresses false
alarms, the director may require a conference with an alarm permit
holder and the individual or person responsible for maintenance of
the alarm system to review the circumstances of each false alarm.
(B) The
director may require a permit holder to produce a record of all alarm
notifications at a particular alarm site at the sole expense of the
permit holder.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) False
burglar alarms.
(1) The director may assess the permit holder of an alarm site, or anyone who operates or causes to be operated an alarm system without an alarm permit issued by the director, a fee in the respective amounts designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10.
(2) The director may assess anyone who operates or causes to be operated an alarm system without an alarm permit issued by the director, a fee in the amount in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10, for the signaling of a false burglar alarm.
(3) A
false burglar alarm shall not be considered to have occurred unless
a response is made by an agency of the City within 30 minutes of the
alarm notification, there is no corroborated eyewitness, video, or
photographic evidence of criminal activity, and the agency determines
from an inspection of the interior or exterior of the alarm site that
the alarm was false.
(B) False
fire alarms.
If, within any twelve-month period, two (2) false fire alarm notifications are emitted from an alarm site, the director may assess the permit holder of that alarm site, or anyone who operates or causes to be operated an alarm system without an alarm permit, a fee in the amount in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10, for each subsequent false alarm notification emitted from the site within the same twelve-month period.
(C) False
robbery alarms.
If, within any twelve-month period, three (3) false robbery alarm notifications are emitted from an alarm site other than a financial institution, the director may assess the permit holder of that alarm site, or anyone who operates or causes to be operated an alarm system without an alarm permit a fee in the amount in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10, for each subsequent false robbery alarm notification emitted from the site within the same twelve-month period.
(D) False
emergency medical assistance alarms.
If, within any twelve-month period, two (2) false emergency medical assistance alarms are emitted from an alarm site, the director may assess the permit holder of that alarm site, or anyone who operates or causes to be operated an alarm system without an alarm permit, a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10, for each subsequent false emergency medical assistance alarm notification emitted from the alarm site within the same twelve-month period.
(E) False
robbery alarms–Financial institutions.
The director may assess the permit holder for a financial institution alarm site, or anyone who operates or causes to be operated a financial institution alarm system without an alarm permit, fees in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10, for the indicated number of false robbery alarm notifications emitted from the site within any twelve-month period.
(F) New
alarm system installation.
If a person notifies the director
and applies for an alarm permit before the installation of a new alarm
system, no service fee shall be assessed during the first sixty (60)
days after installation, and alarm notifications during that period
will not be counted in determining when a service fee will be assessed,
provided the permit holder has met the requirements of this article.
(G) Non-assessment
of service fee.
A service fee shall not be assessed if
the responding Police or Fire Department personnel determine that
the alarm notification was caused by:
(1) A
natural or manmade catastrophe;
(2) Severe
weather that causes physical damage to the alarm system or alarm site;
(3) Telephone
line outage; or
(H) Time
for payment.
A permit holder shall pay a fee assessed
under this section within thirty (30) days after receipt of notice
that it has been assessed.
(I) Exemption
from service fees.
The following alarm sites shall be
exempt from alarm service fees, but shall comply with all other requirements
of this article:
(1) Alarm
sites or alarm systems owned or operated by:
(a) The United States Government;
(c) Political subdivision of the state;
(2) Alarm
sites where the alarm system is a personal emergency response system;
provided, however, that:
(a) A reasonable inspection and reinspection fee shall be charged for
any personal emergency response system that causes at least five (5)
false alarms within a 12-month period; and
(b) Service of an alarm signal device that, because of mechanical malfunction
or faulty equipment, causes at least five (5) false alarms in a 12-month
period, shall be discontinued until repaired to the satisfaction of
the director. A false alarm caused by human error or an act of God
shall not be considered mechanical malfunction or faulty equipment.
(J) Exemption.
Alarm systems operated by the Police Department of the City
shall be exempt from the provisions of this article.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 4544, sec. 1, adopted 11/19/91; Ordinance 6260, sec. 9, adopted 9/2/08; Ordinance 6442, sec. 1, adopted 2/8/11; Ordinance 6889, sec. 5, adopted 2/21/17; Ordinance 7363 adopted 9/6/2022)
(A) The
director may suspend, or refuse to issue or renew, an alarm permit
for any violation of this article, including the generation of an
excessive number of false alarm notifications in a twelve-month period.
In each respective category, an excessive number shall be:
(1) Eight
(8) false burglar alarm notifications;
(2) Six
(6) false robbery alarm notifications;
(3) Three
(3) false emergency medical assistance alarm notifications; and
(4) Four
(4) false fire alarm notifications.
(B) A suspension
may be lifted or a permit renewed upon sufficient showing that the
conditions which caused the action have been corrected, and the director
determines that the alarm system is likely to be maintained and operated
in a responsible manner in accordance with the provisions of this
article.
(C) A person
commits an offense if he operates an alarm system during a period
of suspension or after the director has refused to issue or renew
a permit for the alarm system.
(D) Notwithstanding
any other provision of this section, the director shall suspend a
financial institution robbery alarm permit upon the eleventh (11th)
and any subsequent false robbery alarm notification within a twelve-month
period.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)
(A) If the director refuses to issue or renew a permit or suspends a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action and a statement of the right to an appeal. The applicant or permit holder may appeal a denial or suspension, and a permit holder who has been assessed a service fee pursuant to section
26.83 may appeal the assessment of that fee, to a hearing officer by filing a written request for a hearing with a hearing officer appointed under the provisions of Article II, Chapter
24, of the Code of Ordinances, within ten (10) days after receipt of the notice from the director, setting forth the reasons for the appeal. Upon receipt of the request, the City shall notify the person of the date and time of the hearing on the appeal. The filing of a request for an appeal with the hearing officer stays an action of the director in suspending a permit or assessing a fee until the hearing officer makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the director is final.
(B) The
hearing officer may affirm, reverse or modify the action of the director,
and the decision is final.
(C) A request
for a hearing with a hearing officer to appeal the director’s
refusal to issue, renew or suspend a permit, or to appeal the assessment
of a service fee, may be filed by mail by directing the appeal to
the Garland Police Department, Attn: Records Unit, P.O. Box 469002,
Garland, Texas 75046-9002, or delivered in person to the Garland Police
Department at 1891 Forest Lane, Garland, Texas.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6260, sec. 10, adopted 9/2/08; Ordinance 6442, sec. 1, adopted 2/8/11)
The Police or Fire Department personnel responding to a dispatch
resulting from a burglary, robbery, fire or emergency medical assistance
alarm notification shall record such information as necessary to permit
the director to maintain records, including, but not limited to, the
following information:
(1) Exact
address of alarm site;
(3) Event
or incident number;
(5) Primary
responding unit and officer;
(6) Apparent
cause for alarm; and
(7) The
name of representative of the permit holder on premises, if any.
(Ordinance 4166, sec. 1, adopted 12/1/87; Ordinance 6442, sec. 1, adopted 2/8/11)