The purpose of this article is to encourage alarm users and
alarm businesses to assume increased responsibility for maintaining
the mechanical reliability and the proper use of alarm systems, to
prevent unnecessary police, firefighter and paramedic emergency responses,
to reduce the number of false alarm notifications, and thereby to
protect the emergency capability of the city from misuse.
(Ordinance 1694-06, sec. 1, adopted 10/17/06)
The following words and terms, as used herein, shall have the
meaning respectively ascribed to them, as follows:
The monitoring of the alarm system by any alarm systems company
in the business of monitoring alarm systems.
A device that is designed to respond either manually or automatically
to smoke, fire, or activation of a fire extinguishing system.
The person designated by the city manager, to oversee the
administration and compliance with this article (on behalf of the
city).
A single location or premises served by an alarm system or
that are under the control of one (1) person.
A device or system, which transmits a signal which summons
an emergency service of the city. The categories of alarm systems
are robbery, burglary, fire, emergency medical assistance, and emergency
assistance. Alarm system does not include:
Any person or company that within the city, sells, installs,
services, monitors, or responds to burglar alarm signal devices, burglar
alarms, television cameras, still cameras or any other electrical,
mechanical, or electronic device used:
The person designated in the 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 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 alarm system device which is interconnected to a telephone
line and is programmed to select a predetermined telephone number
and transmit by voice message or code signal an emergency message
indicating a need for emergency response.
A notification which summons the police, which is initiated
or triggered by an alarm system designed to respond to a stimulus
characteristic of unauthorized intrusion.
The business owner of a retail establishment or commercial
establishment or manager on duty.
The City of DeSoto, Texas.
The city manager or designee.
Any automatic notification system other than those defined
herein which summons emergency assistance from the city.
An alarm system which summons emergency medical assistance
and is not part of a combination of alarm systems that include a burglar
alarm or fire alarm.
An alarm signal, eliciting a response by police within 30
minutes of the alarm notification and the police determine from an
inspection of the interior or exterior of the premises that the alarm
was false.
An emergency medical assistance alarm notification to emergency
personnel, when the responding personnel find no evidence of need
for emergency medical assistance.
A fire alarm notification to the fire department, when the
responding fire department personnel find no evidence of smoke or
fire having occurred.
A robbery alarm notification to the police, when the responding
police officer reasonably finds there is no evidence of a robbery.
A notification intended to summon firefighting forces, that
is indicated or triggered manually or automatically by an alarm system
designed to react to any of the visual or physical characteristics
of fire.
The fire marshal or designee.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure.
A device or system that transmits a burglar alarm signal
intended to notify only the responsible person of the system or the
inhabitants of the structure without the intent of summoning an emergency
service of the city.
The person responsible for having the alarm system installed
or activated.
An alarm notification intended to summon the police and is
designed to be activated by a human and is part of a combination of
alarm systems that include a burglar alarm or fire alarm.
An individual, corporation, partnership, association, organization,
or similar entity.
A notification intended to summon the police when a robbery
occurs by means of an alarm system designed to be purposely activated
by a human.
(Ordinance 1694-06, sec. 1, adopted 10/17/06; Ordinance 2013-15 adopted 2/17/15; Ordinance
2125-18 adopted 5/15/18)
(a)
A person commits an offense punishable by a fine of not less than $1.00 and not more than $500.00 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. In addition to any fines and court costs that may be imposed for violations of this article, a person who activates, operates or causes an alarm system to be operated without a permit shall be liable for payment of all false alarm fees as set forth in the Appendix A of this code.
(b)
Any person using an alarm system within the city shall complete the application for an alarm permit as required by subsection (e) 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, and service fees as provided for in the fee schedule found in Appendix A of this code.
(c)
The
fire marshal shall inspect all fire alarm systems installed on any
premises other than a single-family dwelling, and a certificate of
occupancy or approval of the fire marshal must be issued prior to
the issuance of the permit.
(d)
A permit
shall only be issued to the resident of a single-family dwelling;
the tenant occupying the unit of a multifamily complex; and the business
owner of any retail or commercial establishment.
(e)
Contents
of Application.
Each permit application shall contain
the name, residence and employment addresses, cellular, home and employment
telephone numbers, and email address of the applicant for an alarm
permit. The permit application shall also contain the names residential
and employment addresses, cellular, home and employment telephone
numbers of two (2) people who, when notified by the city police or
fire department, will come to the alarm site within 30 minutes, if
requested, to terminate the alarm signal and secure the property.
Application for a permit under the provisions of this article constitutes
a grant of approval to the city to deactivate an alarm system that
sounds an alarm signal for longer than 30 minutes after being notified.
Additionally, each application for an alarm permit shall state the
following:
(2)
By signing this application for the issuance of an alarm permit, I agree that all notices and information required to be sent to me as required by article 3.1400 of the City of DeSoto’s Code of Ordinances, may be sent by email at the email address listed on this application. I agree that it shall be my continuing responsibility to notify the city in writing of any and all changes in my application for the issuance of an alarm permit at: City of DeSoto, Attention: Alarm Permits, 211 E. Pleasant Run Road, DeSoto, Texas 75115.
(3)
I understand that the alarm permit issued to me shall remain in full
force and effect until the anniversary date of its issuance, at which
time I must renew the permit. My failure to renew the alarm permit
on or before the anniversary date of its initial issuance shall result
in a late fee imposed against me that must be paid prior to the renewal
of the alarm permit. If I fail to renew the alarm permit on or before
the anniversary date, the alarm permit shall expire at 11:59 p.m.
on the anniversary date.
(4)
I understand that my alarm permit is renewable for successive one
(1) year periods from the anniversary date of the original issuance
date.
(f)
False
Statements.
Any false statement or misrepresentation
of a material fact made by an applicant for an initial alarm permit
or an alarm user for the purpose of obtaining an alarm permit or renewal,
or for the purpose of making a change thereto, shall be sufficient
cause for the alarm permit administrator to refuse to grant an initial
permit or renew an existing permit; and, may result in suspension
of an existing permit.
(g)
Upon
receipt of a completed application form and the required permit fee,
the alarm permit administrator shall issue an initial alarm permit
to an applicant unless the applicant has:
(h)
An alarm permit is issued to a specific alarm user and a specific address. An alarm permit cannot be transferred to another person or another address. However, the individual designated to respond to an alarm or relay an alarm can be changed. A permit holder must notify the city in writing of any changes that alter information listed on the permit application as required in subsection (e) at: City of DeSoto, Attention: Alarm Permit Administrator, 211 E. Pleasant Run Road, DeSoto, Texas 75115. No fee will be assessed for such changes.
(i)
If
a residential alarm user is over the age of 65 or an economically
disadvantaged person resides where the permitted alarm is located
and no business is conducted in the residence, a permit may be issued
without payment of the applicable fee. Individuals over the age of
62 on October 17, 2006, may continue to receive their current benefits.
(j)
All
fees owed by an applicant for an initial alarm permit or an existing
alarm user must be paid before an initial permit or a renewal permit
may be issued.
(k)
Failure
of an alarm user, who was sent a 30-day notice by the alarm permit
administrator to renew an alarm permit by the anniversary date of
the initial issuance of the alarm permit shall be considered as not
having a valid permit.
(Ordinance 2013-15 adopted 2/17/15)
(a)
Each
tenant shall obtain a permit from the alarm permit administrator before
operating or causing the operation of the alarm system.
(b)
For
purposes of assessing service fees and enforcing this article against
an individual residential unit, the tenant is responsible for all
fees and charges imposed by this article, including but not limited
to renewal fees, late fees, and fees assessed for false alarm notifications
emitted from the alarm system in the tenant’s residential unit.
(c)
If the individual tenant, owner, or property manager of an apartment complex installs an alarm system or has an alarm system monitored in the tenant’s residential unit on the premises, the tenant shall provide to the alarm permit administrator and the alarm company monitoring the alarm system the name of a representative of the owner or property manager of the apartment complex who has keys to the tenant’s residential unit. Prior to the issuance of an alarm permit under this subsection (c), it shall be the obligation of the alarm permit administrator to verify that the alarm systems company has a valid registration with the alarm permit administrator as required by this article. Further, the tenant shall obtain the signature of the representative of the owner or property manager on the alarm permit application agreeing to open the tenant’s apartment to the city’s police or fire department(s) in response to an alarm call at the tenant’s apartment.
(d)
The
owner or property manager of an apartment complex shall obtain a separate
alarm permit for any alarm system operated in a nonresidential area
of the apartment complex, including, but not limited to, common tenant
areas and office, storage, and equipment areas.
(Ordinance 2013-15 adopted 2/17/15)
An alarm permit must be renewed on or before the anniversary date of its initial issuance each year by paying the required fee 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 Section 3.1403(a) of this article and shall, among other things, subject the person operating the alarm system without a permit to false alarm charges in the amount set forth in article 12.000 of appendix A titled fee schedule of this code. The foregoing notwithstanding, no permit shall be deemed expired unless and until the alarm permit administrator has sent 30 day’s 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.
(Ordinance 2013-15 adopted 2/17/15)
(a)
An
alarm user in control of an alarm system shall:
(1)
Adjust or modify the sensory mechanism of the alarm system to suppress
false indications of force so that the alarm system will not be activated
by impulses due to:
(2)
Maintain the alarm system in a manner that will minimize false alarm
notifications;
(3)
Respond or cause a representative to respond within 30 minutes when
notified by the city to repair or inactivate a malfunctioning alarm
system, to provide access to the premises to provide security for
the premises;
(4)
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report; and
(5)
Notify the alarm permit administrator in writing at: City of DeSoto,
Attn: Alarm Permit Administrator, 211 East Pleasant Run Road, DeSoto,
Texas 75115, of the date a permit is to be cancelled or that the permit
will not be renewed. The notification must include the date the document
was signed and signature of the permit holder. The alarm permit administrator
must receive the cancellation or nonrenewal notice in writing no later
than fifteen (15) days before the permit expiration date.
(b)
If
an alarm user or an emergency contact person provided by the alarm
user in the application for the issuance of an initial permit or renewal
permit is contacted by the city through its agents or representatives
to inspect an unsecured building or residence, and fails to respond
to the scene in the allowed time of 30 minutes to secure the building
or residence, an administrative fee of $50.00 will be charged to the
alarm user if the city representatives have to secure the premises.
The city is not responsible for loss or damage.
(Ordinance 1694-06, sec. 1, adopted 10/17/06; Ordinance 2013-15 adopted 2/17/15)
(a)
An
alarm systems company shall:
(1)
Prior to conducting business in the city, an alarm systems company
shall annually register with the alarm permit administrator.
(2)
An alarm systems company already doing business in the city on the
effective date of this article, shall register with the alarm permit
administrator on or before October 1st of each year and each alarm
system company shall renew their registration on or before October
1st of each succeeding year.
(4)
The alarm systems company shall notify the alarm permit administrator,
in writing, at the City of DeSoto, Attn: Alarm Permit Administrator,
211 East Pleasant Run Road, DeSoto, Texas 75115, of the activation
of an alarm system not later than 48 hours after the installation
or activation of an alarm system within the city. The alarm system
company shall provide to the city:
(A)
The alarm system company’s name;
(B)
The alarm system company’s license number issued by the state;
(C)
The alarm system’s company’s registration number issued
by the alarm permit administrator;
(D)
The name of the alarm user location;
(E)
The address of the alarm system location;
(F)
The date and time when the installation or activation of the alarm
system was completed.
(5)
The alarm systems company shall notify the alarm permit administrator
by email at alarmpermitsdesototexas.gov within 48 hours of the date
and time when the monitoring of an alarm system is terminated and
shall provide in the email the name of the alarm user and their addresses
and telephone numbers.
(6)
Report alarm signals only by using telephone numbers designated by
the city manager.
(7)
Before requesting police response to an alarm signal, attempt to
contact the occupant of the alarm system location twice to verify
every alarm signal, except a duress or robbery alarm activation.
(8)
Communicate alarm notifications to the city in a manner and form
determined by the city manager or designee.
(b)
An
alarm systems company commits an offense punishable by a fine of not
less than $1.00 and not more than $500.00 if it violates any provision
of this section. Each day that an alarm systems company remains in
violation of any provision of this section shall constitute a separate
offense.
(Ordinance 2013-15 adopted 2/17/15)
An alarm user and the alarm systems company installing the alarm
system that causes an alarm notification to be sent directly to the
Southwest Regional Communications Center 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. Each alarm notification sent in violation of this
section shall be treated as a false alarm.
(Ordinance 2013-15 adopted 2/17/15)
An alarm user or person in control of an alarm system shall
not allow alarm signals to be reported through a relaying intermediary
that does not comply with the requirements of this and any rules and
regulations promulgated by the city manager or designee or that is
not licensed by the state board of private investigators and private
security agencies, or the state commission on fire protection, as
the case may be.
(Ordinance 2013-15 adopted 2/17/15)
An alarm user must pay any service fees as assessed under the
provisions of this article within thirty (30) days after receiving
notification from the city that a service fee has been assessed. If
the assessed fees become ninety (90) days delinquent, a 10% late charge
will be added.
(1)
Burglar
Alarms.
An alarm user will be assessed a fee as provided in Appendix A of this code for the signaling of a false alarm by a burglar alarm system in excess of three (3) false alarms which have occurred during the preceding twelve-month period at the permitted site.
(2)
Fire
Alarms.
An alarm user will be assessed a fee as provided in Appendix A of this code for the signaling of a false alarm by a fire alarm system in excess of three (3) false alarms which have occurred during the preceding twelve-month period at the permitted site.
(3)
Robbery
Alarms.
An alarm user will be assessed a fee as provided in Appendix A of this code for the signaling of a false alarm by a robbery alarm system in excess of three (3) false alarms which have occurred during the preceding twelve-month period at the permitted site.
(4)
Emergency
Medical Assistance Alarms.
An alarm user will be assessed a fee as provided in Appendix A of this code for the signaling of a false alarm by a medical assistance alarm system in excess of three (3) false alarms which have occurred during the preceding twelve-month period at the permitted site.
(5)
Emergency
Assistance/Personal Distress/Panic Alarm.
An alarm user will be assessed a fee as provided in Appendix A of this code for the signaling of a false alarm by an emergency assistance/personal distress/panic alarm system in excess of three (3) false alarms which have occurred during the preceding twelve-month period at the permitted site.
(Ordinance 2013-15 adopted 2/17/15)
(a)
The
alarm system administrator may revoke an alarm permit if:
(1)
The alarm user has eight (8) or more false alarms during the preceding
twelve-month period;
(2)
There is a false statement of a material matter in the application
for a permit;
(3)
The alarm user has failed to pay a late fee and/or false alarm service
fee assessed under this article within 30 days after a bill for the
assessment was issued; or
(b)
A person commits an offense punishable as set forth under section 3.1403(a) if he/she operates an alarm system during the period in which the alarm permit is revoked.
(c)
Revocation
shall be for a period of up to six (6) months.
(Ordinance 2013-15 adopted 2/17/15)
If the alarm permit administrator refuses to issue or renew
a permit, or revokes a permit, the alarm permit administrator shall
send a written notice to the applicant or alarm user by certified
mail, return receipt requested, stating that the alarm permit is revoked,
or the application or renewal is denied and the reasons relied upon
by the alarm permit administrator to deny the application or to revoke
or suspend the alarm permit.
(Ordinance 2013-15 adopted 2/17/15)
(a)
An
applicant for an initial permit or an alarm user whose alarm permit
application has been denied or revoked may be issued a new permit
if the person:
(1)
Submits an updated application and pays a reinstatement fee, established
by resolution of the city council;
(2)
Pays or otherwise resolves all citations in municipal court issued
to the person under this article;
(3)
Pays all outstanding late fees and/or false alarm service fees assessed
under this article for which a bill has been issued; and
(4)
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)
Within ten (10) days after receipt of an application for an alarm permit that was either denied or revoked meeting the requirements of subsection (a), the alarm permit administrator shall either issue the permit upon payment of the fee, or deny the permit in writing and shall state the reasons relied upon by the alarm permit administrator for such denial. Thereafter, an alarm user or applicant for an initial alarm permit whose application or permit has been denied, revoked, or suspended by the alarm permit administrator may appeal the decision of the alarm permit administrator within ten (10) days of the date of the receipt of a written notice required by this subsection. The judge of the city’s municipal court shall serve as the hearing officer. On appeal, the hearing officer shall determine whether or not the remedial steps set forth in this section have been met by the applicant or the alarm user. The hearing officer shall, after the hearing, have the authority to enter an order to the alarm permit administrator to issue the alarm permit conditioned upon compliance with the provisions of this section.
(Ordinance 2013-15 adopted 2/17/15)
If the alarm permit administrator believes that an alarm system
is not being used or maintained in a manner that ensures proper operation
and suppresses false alarms, the alarm permit administrator may require
a conference with the alarm user and the alarm systems company responsible
for maintenance of the alarm system, to review the circumstances of
each false alarm.
(Ordinance 2013-15 adopted 2/17/15)
(a)
An
alarm user required by federal, state, county or municipal statute,
regulations, rule or ordinance to install, maintain and operate an
alarm system shall be subject to a permit designated as a special
alarm user’s permit.
(b)
A special
alarm user’s permit for a system which has three (3) false alarms
in a permit year shall not be subject to the alarm permit revocation
procedure but shall be subject to the service fees assessed under
this article for false alarms.
(Ordinance 1694-06, sec. 1, adopted 10/17/06)
(a)
A financial
institution 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 alarm permit administrator, a signal 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 chapter must be met. The financial institutions shall execute
a letter of agreement with the city permitting the installation of
all necessary equipment on an indicator panel monitored in the communications
division of the police department. The installation must be accomplished
at the institution’s expense.
(b)
The financial institution shall pay an annual fee as provided for in Appendix A of this code for each indicator. The alarm permit administrator shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements. If the alarm permit administrator finds that the alarm system continually fails to operate properly or be operated properly, the alarm permit administrator may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment 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 alarm permit administrator on a 24-hour basis,
seven days a week. In no event may the city become liable for charges
for repairs and maintenance.
(d)
The
financial institution may cancel its agreement with the city at any
time by giving the city written notice through the city manager, and
at its own expense, remove its equipment and indicators from the monitoring
panel in the communications center.
(e)
The
city through the alarm permit administrator may require any change,
modernization, or consolidation of alarm signaling equipment that
the alarm permit administrator deems advisable. in no event may the
city become liable for charges for these changes.
(f)
Instead
of a direct line, a financial institution may report burglaries and
robberies by transmission through an alarm responding service using
a special trunk line designated by the city manager or designee.
(Ordinance 2013-15 adopted 2/17/15)
It is unlawful for any person to program an automatic dialing
device to select a primary telephone line belonging to the city and
it is unlawful for an alarm user to fail to disconnect or reprogram
an automatic dialing device which is programmed to select a primary
telephone line belonging to the city within 12 hours of receipt of
written notices from the alarm permit administrator.
(Ordinance 2013-15 adopted 2/17/15)
All information submitted in compliance with this article shall
be deemed confidential and not subject to public disclosure unless
required by law.
(Ordinance 1694-06, sec. 1, adopted 10/17/06)
(a)
A property
owner or agent of the property owner authorized to make decisions
regarding the use of the owner’s property may elect to exclude
the city from receiving an alarm signal by an alarm system located
on the property.
(b)
The
election to exclude the city from receiving an alarm signal shall
be made in writing and filed with the city on a form prescribed by
the city.
(c)
An
election to exclude the city from receiving an alarm signal shall
not relieve the property owner of the duty to obtain an alarm system’s
permit; however, such a permit will be issued without charge to the
owner. The election to exclude the city from receiving an alarm signal
shall be noted on the permit.
(d)
It
shall be the duty of the property owner or agent electing to exclude
the city from receiving an alarm signal to inform the alarm system
monitor of such election and to ensure that the city does not receive
an alarm signal after the election is made. The city shall impose
a fee of $250.00 for each response to a signal of false alarm from
the alarm system requested by an alarm system’s monitor after
the election is made.
(Ordinance 2125-18 adopted 5/15/18)
(a)
No
permit is required to maintain a monitoring system.
(b)
A person
in control of a monitoring system must adjust the mechanism so that
any audible signals emitted can be heard only inside the alarmed location.
If applicable, notify the alarm systems company not to dispatch police
for burglar alarms unless there is an indication of an emergency or
criminal offense.
(c)
The
city shall impose a fee of two hundred fifty dollars ($250.00) for
each response to a signal of false alarm from the responsible party
when an individual reports to the city any alarm from a monitoring
system.
(Ordinance 2125-18 adopted 5/15/18)
