This article shall be known as the burglary, robbery, fire and related emergency alarm regulations of the city.
(Ordinance 1130, sec. A, adopted 4/11/06)
Under the legal definition of same, is generally an inevitable accident, a casualty or power surge caused by a power outage, or any accident produced by any physical cause which is irresistible, such as lightning, tempest, perils of the seas and inundation, or earthquake; not preventable by human care, skill or foresight, but resulting from natural causes.
Any person, company, or corporation engaged in the activity of selling, leasing, renting, installing, inspecting, maintaining, repairing, monitoring and/or responding to alarm systems within the city. An alarm company, in this instance, shall not include any business which sells on a retail basis from a fixed location or that manufactures or distributes alarm equipment at wholesale, unless said business also installs, services, monitors and/or responds to alarm systems within the city.
A notification intended to summon the police, fire, ambulance, or other emergency services which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of a fire, unauthorized intrusion, or other emergency situation.
A single premises or location (one street address) served by an alarm system(s) that is under the control of one owner, partnership, or corporation.
A device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon police, fire, ambulance or other emergency services of the city, including, but not limited to, local alarms.
“Alarm system” does not include:
“Alarms systems,” as defined and used herein, are classified as follows:
Class “A” systems, upon activation, provide for signaling to an alarm monitoring facility owned, operated, or utilized by an alarm company, regardless of its location.
Class “B” systems, upon activation, cause an external signaling device of any type to be seen or heard from beyond ten (10) feet of the protected premises, or any other type of alarm system which, upon activation, has as its purpose the summoning of police, fire, ambulance or other emergency services response.
Class “C” systems, upon activation, provide for direct signaling to a console or other receiving equipment located for such purposes at any emergency department of the city.
A criminal offense as defined in the Texas Penal Code.
The person designated in the permit application who shall be the owner or lawful tenant of the alarm site or his authorized representative.
An individual, corporation, partnership, association, aggregation of individuals or similar entities.
A telephone line leading into the communications center of the police department, fire department or other municipal department that is for the primary purpose of receiving emergency messages that originate from automatic protection devices and are transmitted directly or through an intermediary.
Persons designated in the alarm permit application as provided in Section 4.803(c)(7).
Note: For the purposes of the alarm ordinance and the definition of a false alarm notification, a permit holder is only excused from false alarm notification where the weather condition causing, if in fact a weather condition was determined as the cause of such false alarm notification, was a highly unusual type of weather condition. Generally, if there is a lightning storm in the area, or hurricane-type winds (over 60 miles per hour), or reports of other meteoric conditions which are not common to the area, then a false alarm notification should be excused. Generally, winds in the 20-40 miles per hour range are not unusual for this area and, therefore, false alarm notification should be prevented by the permit holder. Also, rainstorms and general weather in this area would not be considered an “act of God” for the purposes of allowing an exemption from the false alarm notification penalties. The “act of God” excuse should only come into play in extreme circumstances of highly unusual weather for our area wherein it is reasonable to presume that such weather condition caused the triggering of the alarm notification. |
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit or does not comply with the terms and conditions of the permit or application therefor, issued by the city clerk. A separate permit is required for each alarm site.
(b)
Upon receipt of a completed application form, the city clerk shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under Section 4.812, or has had an alarm permit for an alarm site revoked due to the violations enumerated in this article or for any other revocation or denial permitted under any other chapter on denying permits.
(c)
Application for an alarm permit shall include the following:
(1)
Any alarm permit fees as provided for herein under class “C” permits.
(2)
The names and relationship of each responsible person in control of said premises.
(3)
The street address, location directions, and a description of the protected premises.
(4)
Information relative to the alarm type and means of alarm notification.
(5)
The nature of any business account and information relative to the normal business hours of same.
(6)
The name, address, and local telephone number of any alarm company.
(7)
The names and local telephone numbers of a minimum of three (3) user’s responding agents for class “A” and class “B” systems who have agreed and authorized to:
(A)
Receive notification of all respective alarm systems relative to said alarm site.
(B)
Respond, when summoned to do so by the police or fire department of the city, within a thirty-minute period of any such alarm notification.
(C)
Authorize and arrange for the repair of said alarm system as required.
(D)
Provide other information required by the police chief which is necessary for the enforcement of this article.
(E)
For class “A” systems, the information relating to the user’s responding agents shall be provided by the alarm company.
(d)
Permit holder’s fees shall be as follows:
(1)
Under class “A” alarm permits, where it shall be the duty and responsibility of the alarm company upon contractual agreement between the permit holder and the alarm company to monitor, maintain, notify, coordinate and/or provide for any requested alarm response relative to the duties of the user’s responding agent, there shall be no fee required.
(2)
Under class “B” alarm permits, the maintaining of current user’s responding agent information, as well as the notification and coordination of the user’s responding agents during an alarm situation, will fall upon the police department or fire department of the city, as appropriate, and no fee will be required.
(3)
Under class “C” alarm permits, where, in addition to the duties relative to class “B” permits, the police department of the city is required to also monitor incoming alarm notifications for said class “C” alarm systems. Said fee shall offset the city’s administrative costs.
(4)
Governmental agencies shall be required to obtained a permit where applicable.
(e)
All alarm permits shall expire on the last day of each even-numbered year regardless of the date of issuance, and shall be renewable as required by the city clerk, on or before the first day of each odd-numbered year thereafter. All alarm permits shall be nonrefundable, nontransferable, and payable in advance. Any alarm permit obtained subsequent to the first day of each odd-numbered year, but before December 31st of that same year, shall pay the full amount of the applicable permit fee, and any alarm permit obtained after December 31st shall pay one-half (1/2) of the applicable permit fee.
(f)
Renewal of class “A” alarm permits shall be the responsibility of the alarm company and the permit holder. Renewal of class “B” or class “C” alarm permits, as well as the payment of pertaining fees, shall be the responsibility of the permit holder.
(g)
Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
(h)
An alarm permit cannot be transferred to another person. A permit holder shall notify the city clerk, in writing, of any change that alters any information listed on the permit application within ten (10) business days of the change. No fee will be assessed for such changes.
(i)
All fees owed by an applicant must be paid before a permit may be issued or renewed.
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
All alarm companies wishing to operate within the city limits shall be required to be registered as such with the city clerk.
(b)
All alarm company registrations shall require proof of being licensed to operate in the state as an alarm company, under the provisions of the state board of Private Investigators and Private Security Agencies Act, article 4413(29bb), V.A.T.C.S., as amended by the 67th Texas Legislature.
(c)
Any alarm company registrations shall be made on forms provided by the city clerk, and shall include the following information:
(1)
The full name, business address, and telephone number of the alarm company.
(2)
The license number, as issued to the alarm company by the private investigators and private security agency board.
(3)
The names, home addresses, and telephone numbers of each owner, officer, partner, or stockholder holding twenty-five (25) percent or more interest in said alarm company.
(4)
A description of services made available and offered to permit holders within the city, relating to the sale, installation, servicing, monitoring and/or testing alarm systems alarm response provided.
(d)
Alarm company registrations shall be renewable on the first day of each odd-numbered year and shall be nontransferable. Updating of information is required as it occurs and said updating shall be the sole responsibility of the alarm company. No fees shall be required upon registration or on any renewal thereof.
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
A permit holder shall:
(1)
Maintain premises containing an alarm system in a manner that ensures proper operation of the alarm system;
(2)
Maintain the alarm site in a manner that will minimize false alarm notification; and
(3)
Respond or cause a representative to respond within thirty (30) minutes when notified by the city to repair or inactivate a malfunctioning alarm system, to the alarm site, or to provide security for the alarm site.
(b)
An individual or business in control of a class “B” system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for not longer than fifteen (15) minutes after being activated in residences and thirty (30) minutes in businesses.
(Ordinance 1130, sec. A, adopted 4/11/06)
A permit holder shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this article and any rules and regulations promulgated by the city clerk.
(Ordinance 1130, sec. A, adopted 4/11/06)
A person who is engaged in the business of relaying alarm notifications to the police or fire department of the city shall:
(1)
Report alarms only over special trunklines designated by the fire or police chief, as appropriate;
(2)
Communicate alarm notifications to the fire or police department in a manner determined by the fire or police chief.
(Ordinance 1130, sec. A, adopted 4/11/06)
An alarm system which transmits a telephonic recorded message over telephone lines to a local police agency shall not be permitted and is in violation of this article, provided that manually operated recording systems utilized by handicapped persons are hereby authorized, if such system is designated and approved in the alarm permit.
(Ordinance 1130, sec. A, adopted 4/11/06)
A permit holder shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords need not be included in these instructions.
(Ordinance 1130, sec. A, adopted 4/11/06)
The police or firefighters responding to a dispatch call resulting from a burglary, robbery, personal hostage, fire, or other emergency alarm notification shall record such information as necessary to permit the police chief to maintain records, including, but not limited to, the following information:
(1)
Identification of the permit holder;
(2)
Identification of the alarm site;
(3)
Arrival time and dispatch received time;
(4)
Time of day and date;
(5)
Weather conditions;
(6)
Area and subarea (business - residential);
(7)
Name of permit holder’s representative on premises, if any; and
(8)
The responding police officer or firefighter shall indicate on this dispatch record whether the alarm notification was caused by a criminal offense, fire, or other real emergency.
(Ordinance 1130, sec. A, adopted 4/11/06)
If there is a reason to believe that an alarm system is not being used or maintained in a manner that insures proper operation, therefore avoiding false alarm notifications, the fire or police chief may require a conference with an alarm permit holder who is responsible for maintenance of the alarm system to review circumstances of each false alarm notification. If an alarm site emits multiple false alarm notifications within a twenty-four-hour period, it will be the responsibility of the permit holder to arrange for repair of the alarm system. If the permit holder can prove, and submits in writing within four (4) working days of repair, verification of a mechanical malfunction of the alarm system, then all multiple false alarm notifications will be combined and will be counted as one false alarm notification for the purpose of Section 4.812. If the alarm site continues to emit more than five (5) false alarms within the same twenty-four-hour period, the police or fire department may only respond to the first five (5) such false alarm notifications and the sole responsibility of the security of the alarm site shall be by the permit holder.
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
(1)
If the permit holder has had six (6) false burglar alarms in the twelve-month period immediately preceding any false alarm, he shall be assessed a service fee as provided in the fee schedule for such false alarm.
(2)
If the permit holder has had two (2) false fire alarms in the twelve-month period or one (1) false fire alarm in a thirty-day period immediately preceding any false alarm, he shall be assessed a service fee as provided in the fee schedule for such false alarm.
(3)
If a permit holder has had two (2) false robbery alarms in the twelve-month period or one (1) false robbery alarm in a thirty-day period immediately preceding any false alarm, he shall be assessed a service fee as provided in the fee schedule for such false alarm.
(4)
If the permit holder has had two (2) false medical assistance alarms in the twelve-month period or one (1) false medical assistance alarm in a thirty-day period immediately preceding any false alarm, he shall be assessed a service fee as provided in the fee schedule for such false alarm.
(5)
If the permit holder has had two (2) false emergency assistance alarms in the twelve-month period or one (1) false emergency assistance alarm in a thirty-day period immediately preceding any false alarm, he shall be assessed a service fee as provided in the fee schedule for such false alarm.
(b)
The permit holder shall pay such service fee to the city within ten (10) days of written notice of such service fee.
(c)
No service fee will be assessed during the first sixty (60) days on newly installed alarm systems, and alarm notifications during that period will not be counted in determining when a service fee will be assessed.
(d)
No service fee will be assessed against a permit holder which is an agency of the government, in which case the police chief is authorized to take appropriate administrative remedies relating to the requirement of repair or deactivation or non-response to or of the alarm system.
(Ordinance 1130, sec. A, adopted 4/11/06)
In granting or denying such a permit, the city clerk shall be guided by the terms of this article, the fire and/or police chief. In the event an application for a permit hereunder is disapproved by the city clerk, the applicant shall have the right to appeal to the city manager by filing written notice of appeal with the city clerk within ten (10) days from the date of written notification of such action. The city manager shall review the action of the city clerk and may impose certain conditions to the retention of the permit. In any event, the decision of the city manager shall be final and nonappealable.
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
A financial institution that has FDIC or FSLA protection and falls under the provisions of the Bank Protection Act of 1968 (12 U.S.C. sec. 1882), and other acceptable high-risk businesses (approved by the police chief), may install a special trunkline, with the permission of the police chief, directly to the police department for the purpose of reporting burglaries, robberies, and other related emergencies. If such an arrangement is made, all other requirements of this article must be met. The financial institutions and other accepted high-risk businesses 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 of the city. The installation must be accomplished at the expense of the financial institution or other accepted high-risk business.
(b)
The city fire or police chief or his representative shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at a private or institutional alarm site and require necessary repairs or improvements. If the city fire or police chief finds that the alarm site continually fails to operate properly or be operated properly, they 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 or the accepted high-risk business.
(c)
At the request of the police chief, the financial institution or the accepted high-risk business, at its sole expense, shall make arrangements to provide service for the alarm site on a twenty-four-hour basis, seven (7) days a week. In no event shall the city become liable for charges for repairs and maintenance.
(d)
The financial institution or the accepted high-risk business, at its own expense, may cancel its special trunkline service with the city at any time by giving the city written notice through the city clerk and the police chief and remove its equipment indicators from the monitor panel in the communications center within thirty (30) days from notice.
(e)
The police chief may require any change, modernization, or consolidation of alarm signaling equipment that is advisable according to sound practices of alarm system science or trade. In no event shall the city become liable for charges for these changes. Such changes will be effected within a reasonable time and at the expense of alarm user.
(Ordinance 1130, sec. A, adopted 4/11/06)
(a)
A person commits an offense if he violates, by commission or omission, any provision of this article that imposes upon him a duty or responsibility.
(b)
A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each offense is punishable by a fine of not more than two hundred dollars ($200.00), but not less than fifty dollars ($50.00), upon first conviction, and not less than seventy-five dollars ($75.00) upon second and subsequent convictions.
(c)
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this article to hold a corporation, partnership, or an aggregate of individuals criminally responsible for acts or omissions performed by an agent acting on behalf of the corporation, partnership, or an aggregate of individuals, and within the scope of his employment.
(Ordinance 1130, sec. A, adopted 4/11/06)
The police and/or fire department of the city shall not be under any obligation or duty to a permit holder or alarm company or any other person by reason of this article or otherwise. The city specifically disclaims liability for any damages which may be caused by the failure of the police and/or fire department of the city to monitor and/or respond to a notification, transmitted by any means, or for any damage as a result of any unreasonable delay in response to any such notification.
(Ordinance 1130, sec. A, adopted 4/11/06)