It shall be unlawful and shall be declared a public nuisance
for any person to install or to have installed a local alarm system
unless such local alarm system is also equipped with a device or circuit
which will limit the length of time the audible alarm signal can sound
to a maximum of 15 minutes for each separate activation. Where automatic
reset or subsequent alarm features are incorporated into the equipment,
the cumulative sounding of the audible alarm shall not exceed 30 minutes
without manual reset. A visual alarm signal may continue to operate
without time limit until reset.
(1996 Code, sec. 30-51)
It shall be unlawful and shall be declared a public nuisance
for any person to install or to have installed a local alarm system
having an audible alarm signal or signals that produce more than 80
dBA of sound pressure as measured 100 feet from the protected premises.
A single sounding device shall be considered as meeting this requirement
without testing or calibration if its rated output for the voltage
employed is less than 100 dBA at ten feet.
(1996 Code, sec. 30-52)
If a person violates section 6.02.031 or 6.02.032, the chief of police or his representative may issue an order to the person so violating such sections to immediately cease and desist such violation and correct or modify the alarm system resulting in a violation of this article to put it into compliance with this article within ten days of receipt of notification of the order to correct. If within any 90-day period, a violation of this article is caused by an alarm system controlled by an individual who has received an order to correct and come in to compliance with this section, a fine as provided in section 1.01.013 for such violation may be assessed against the person violating this article. If within any 90-day period, an individual is in violation of this article three times, he may be required by the city to disconnect the alarm system. Additional violations may cause charges to be filed according to the Texas Penal Code.
(1996 Code, sec. 30-53)
A person who is engaged in the business of relaying alarm notifications
to the city shall:
(1)
Send
notification of an alarm to the city by a human operator or by automatic
signal transmission means as approved by the chief of police;
(2)
Keep
his business premises locked, secured, and operated in a manner as
prescribed by Underwriters’ Laboratories, Inc., Standard 611
for central stations;
(3)
Allow
an inspection of the business premises by the police chief or fire
chief at any reasonable time;
(4)
Report
alarms only over a special telephone number, or numbers, designated
by the chief of police; and
(5)
Furnish
the name, address, and telephone number of an alarm company licensed
by the state commission on private security, responsible on a 24-hour,
seven-day a week basis, for correcting any malfunction that may occur.
(1996 Code, sec. 30-54)
A person in control of a local alarm shall provide personnel,
within 30 minutes after being notified by the city, to reset the alarm
system and provide access to the premises.
(1996 Code, sec. 30-55)
It shall be unlawful and shall be declared a public nuisance
for any alarm to be improperly installed, maintained or operated such
that such alarm system reports an excessive number of false alarms
either by sounding a local alarm audible or by having a law enforcement
officer respond to a call from an individual, firm, or organization
receiving a silent alarm.
(1996 Code, sec. 30-56)
For purposes of this division, it shall be deemed that an alarm
has sent an unreasonable number of false alarms when law enforcement
officers have responded to three alarms in any 90-day period, and
upon responding to these alarms determine that no intrusion, attempted
intrusion, fire, smoke alarm or other related activity has occurred
which would normally activate such alarm and that such alarm had been
activated by mechanical or electrical malfunction or by operator error.
(1996 Code, sec. 30-57)
For purposes of this division it shall be deemed not to be a
false alarm if such alarm is generated as a result of normal testing
or repair procedures of the system provided that before any such system
is tested or maintenance performed, the police chief, or his designated
representative, is so notified that an officer is not caused to respond
to such alarm.
(1996 Code, sec. 30-58)
It shall be a defense to prosecution under this division:
(1)
If
false alarms were caused by an unusual and unexpected act of God.
(2)
That
before a fourth false alarm occurs, any mechanical or electrical problem
causing such alarm has been corrected and written proof of repair
or correction is presented to the clerk of the municipal court.
(1996 Code, sec. 30-59)
(a)
If, within any 12-month period, more than five false alarm notifications are emitted from an alarm site, the chief of police shall assess the person in control of that alarm site a fee as established in appendix A to this code for each subsequent false alarm notification emitted from the site within 12 months following the fifth false notification.
(b)
A
person so fined under this article shall pay the fee assessed under
this section within 30 days after receipt of notice that it has been
assessed.
(c)
Following
five false alarms within a 12-month period, the city may require the
system to be disconnected if the false alarm fees are not paid in
full. Further alarms from an alarm system so disconnected shall be
considered false alarms and will not be responded to by city emergency
services. Additional alarms may cause charges to be filed according
to the Texas Penal Code.
(d)
A
person commits an offense if he violates by commission or omission
any provision of this division that imposes upon him a duty or responsibility.
(e)
In
addition to prohibiting or requiring certain conduct on individuals,
it is the intent of this division to hold a corporation, partnership,
or other association criminally responsible for acts or omissions
performed by an agent acting on behalf of the corporation, partnership,
or other association, and within the scope of his employment.
(1996 Code, sec. 30-60; Ordinance
adopting Code)
