(a)
The town council hereby finds and determines that it is necessary
and in the best interest of the town and its citizens to require an
annual limit on false alarms.
(b)
The town council hereby finds and determines that it is necessary
and in the best interest of the town and its citizens to establish
procedures and fees for false alarms.
(c)
Texas Local Government Code, ch. 214, subch. F-1, provides for
the regulation of burglar alarms by municipalities.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A location or premises served by an alarm system.
A device or system that transmits a signal intended to summon
police or other emergency services of the town. The categories of
alarm systems are robbery, burglary, fire, emergency medical assistance,
and emergency assistance/personal distress. The phrase includes an
alarm designed to emit an audible signal on the exterior of a structure
that may or may not be monitored by an alarm system company, but 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 structure.
Any person or company that sells, installs, services, monitors,
or responds to burglar alarm signal devices, burglar alarm television
cameras, still cameras or any other electrical, mechanical, or electronic
device used to prevent or detect burglary, theft, shoplifting, pilferage,
or other losses of that type; to prevent or detect intrusion; or primarily
to detect and summon aid for other emergencies, and includes person
relaying alarm notifications.
A person who acts as an alarm systems company under section
1702.105, Occupations Code.
An alarm system designed to provide notification of unauthorized
intrusion.
The police chief or fire chief or his or her authorized representative.
An alarm system designed to provide notification of an emergency
other than a robbery, burglary, fire, or emergency medical [assistance].
An alarm system which summons emergency medical assistance.
An alarm system's transmission of a signal to summon an emergency response to the alarm site, if found by the responding individual(s) or by a director to be false in accordance with section 4.05.007 of this article.
An alarm system, including but not limited to a manual fire
alarm box, automatic fire detector, water-flow switch or other device,
designed to provide notification of a fire or fire signature.
The fire department, to include mutual aid response agencies
and other responding law enforcement agencies.
An alarm system that emits a signal at an alarm site that
is audible from the exterior of a structure.
An alarm system that is directly monitored by the police
communications department.
A certificate, license, permit, or other form of permission
that authorizes a person to engage in an action.
The police department, to include mutual aid response agencies
and other responding law enforcement agencies.
An alarm system designed to provide notification of a robbery
by means of a device designed to be purposely activated by an individual.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
Any person, firm, corporation or business entity violating this
article shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined a sum not exceeding $250.00, and ordered to
pay applicable court costs. Each continuing day's violation under
this article shall constitute a separate offense. The penal provisions
imposed under this article shall not preclude the town from filing
suit to enjoin the violation. The town retains all legal rights and
remedies available to it pursuant to local, state and federal law.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
Generally.
A property owner and/or occupant with
an alarm system must:
(1)
Adjust or modify the sensory mechanism of his or her alarm system
to suppress false indications of force so that the alarm system will
not be activated by impulses due to:
(2)
Maintain the premises containing an alarm system in a manner
that ensures proper operation of the alarm system. It is the responsibility
of the alarm permit holder to properly maintain the alarm system to
prevent false activations. Should an alarm site have more than three
activations within 30 days, an inspection of the alarm system will
be required, by a licensed repairman. The director must receive a
written copy of the repairman's findings of the inspection within
30 days from the date of the inspection.
(3)
If a property owner/occupant or an emergency contact person
is contacted to inspect an unsecured building or residence, and fails
to respond to the scene in the allowed time of 30 minutes from time
of call to secure the building or residence, the town is not responsible
for loss and/or damage.
(b)
Automatic alarm notifications.
A property owner/occupant
whose alarm system transmits automatic alarm notifications directly
to the town over the normal telephone system shall:
(1)
Transmit the alarm in the form and content specified by the
town;
(2)
Transmit over telephone lines designated for such use;
(3)
Design the system so that it will notify the property owner/occupant,
or his or her designated agent, when an alarm is transmitted to the
town;
(4)
Furnish the town with the name, address, and telephone number
of a licensed alarm company responsible for correcting any alarm malfunction
that may occur.
(c)
Reporting alarm signals through relaying intermediary person.
A property owner/occupant shall not report his or her signals
through a relaying intermediary person that does not meet the requirements
of this article.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
A person who is engaged in the business of relaying alarm notifications
to the town shall:
(1)
Send notification of an alarm to the owner by an individual;
(2)
Keep his or her business premises locked and secured at all
times;
(3)
Allow an inspection of his or her business premises by authorized
agents of the town at any time;
(4)
Report alarms only to a telephone number, or numbers, designated
by the town;
(5)
Send alarm notifications to the town in a manner and form determined
by the town;
(6)
Maintain sufficient staff to ensure that valid alarms are relayed
immediately to the town;
(7)
Inform their customers of permit requirements; and
(8)
Relay current permit numbers with all alarm notifications.
(b)
An alarm system company may not be assessed (per the Texas Occupations
Code) a service fee for incorrect permit number(s) relayed to the
town with an alarm notification.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
A person in control of a local alarm must adjust the mechanism
so that an alarm signal will sound for no longer than 20 minutes after
being activated.
(b)
A person in control of a local alarm or alarm system that causes
an alarm notification to be sent directly to the town shall adjust
or modify the mechanism so that upon activation the system will transmit
only one alarm signal and will not transmit another alarm signal without
first being manually reset at the alarm site.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
As relates to an alarm system intended to summon police of a
municipality in response to a burglary as such alarm system is defined
in Texas Local Government Code section 214.191, a false alarm means
a notification of possible criminal activity reported to law enforcement:
(1)
That is based solely on electronic information remotely received
by an alarm systems monitor;
(2)
That is uncorroborated by eyewitness, video, or photographic
evidence that an emergency exists; and
(3)
Concerning which an agency of the town has verified that no
emergency exists after an on-site inspection of the location from
which the notification originated.
(b)
As relates to an alarm system not described by subsection (a), above, a false alarm means a notification of activity reported to an agency of the town:
(1)
Whether or not based on electronic information remotely received
by an alarm systems monitor;
(2)
That is uncorroborated by eyewitness, video, or photographic
evidence that an emergency exists; and
(3)
Concerning which an agency of the town has verified that no
emergency exists after an on-site inspection of the location from
which the notification originated.
(c)
Notwithstanding the foregoing or any other provision of this
article, the town shall not consider an alarm notification to be false
if it determines that the alarm was caused by:
(d)
Notwithstanding the foregoing or any other provision of this
article, an alarm cannot be determined to be false alarm unless the
town or responding law enforcement agency arrives at the address of
the alarm within 30 minutes of its notification and the agency responding
determines from an inspection of the interior or the exterior of the
premises that the alarm was false.
(e)
The determination of the director in classifying an alarm notification
as false or actual is final.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
Payment; late charge.
A property owner must pay
any penalties assessed under the provisions of this section within
30 days after receipt of notice that it has been assessed by the director.
If the assessed penalties become 90 days delinquent, a 10% late charge
will be added.
(b)
False alarms.
For each alarm system requiring
a person to hold a permit, that person will be assessed a penalty
for a false alarm if at least three other false alarms have occurred
at that location during the preceding 12-month period. The amount
of the penalty for the report of a false alarm shall be:
(1)
$50.00, if the location has had more than three but fewer than
six other false alarms during the preceding 12-month period;
(2)
$75.00, if the location has had more than five but fewer than
eight other false alarms during the preceding 12-month period; or
(3)
$100.00, if the location has had eight or more other false alarms
during the preceding 12-month period.
(c)
As relates to an alarm system intended to summon police of a
municipality in response to a burglary as such alarm system is defined
in Texas Local Government Code section 214.191, a penalty shall not
be assessed under this subsection if reasonable visual proof of possible
criminal activity recorded by an alarm systems monitor is provided
to the town or responding law enforcement agency before the inspection
of the premises occurs.
(d)
For the report of a false alarm by an alarm systems monitor on a person who has not obtained a permit for the alarm system in accordance with the provisions of section 4.05.031, that person shall be assessed a penalty of $250.00 for each false alarm.
(e)
The town:
(1)
Shall impose a penalty of $250.00 for the report of a false
alarm on a person not licensed under chapter 1702, Occupations Code,
that to any extent is reported or facilitated by the unlicensed person;
and
(2)
Shall not impose a penalty for the report of a false alarm on
an alarm systems monitor, except that an alarm systems monitor may
be prosecuted for each violation of section 1702.286 of the Texas
Occupations Code as amended.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
A permit is required to be obtained for any person to operate
or maintain an alarm system that is subject to this article. Each
application for a permit required under this article must contain
the following information:
(1)
Name, address and telephone number of the person who will be
the permit holder and be responsible for the proper maintenance and
operation of the alarm system and payment of the fees, if applicable,
as assessed under this article.
(2)
The street address of the property on which the alarm system
is to be installed and operated.
(3)
Classification of the alarm site as either residential, commercial,
multifamily, religious/church/school, governmental or any other type
of unit (except if town owned or operated) and whether the alarm site
includes any accessory or appurtenant structures, areas or uses.
(4)
Any business name or title used for the premises on which the
alarm system is to be installed or operated.
(5)
The name of two other persons who have agreed to respond to
an alarm in the event the permit holder is not available.
(6)
Any other information required by the director which is necessary
for the enforcement of this article.
(b)
Application for a permit under the provisions of this section
constitutes a grant of approval for members of the police department
to conduct a search for intruders or the fire department to conduct
a search for injured or ill persons in the interior of any building
on the alarm site found to be unsecured when responding to the alarm
site as a result of an alarm notification.
(c)
Any false statement or misrepresentation of a material fact
made by an applicant for the purpose of obtaining an alarm permit
or renewal, or while making a change thereto, shall be sufficient
cause of refusal to grant, or revocation of, a permit under this section.
(d)
Upon receipt of a completed application form for a permit and
payment of any permit/renewal fees, late fees or charges, penalties,
and/or fines currently due, the director shall issue a permit unless
there is cause to believe the equipment responsible for initiating
an alarm will not be maintained or operated in accordance with this
article or the applicant will not comply with each provision of this
article. Burglary/robbery panel alarms will be limited to financial
institutions.
(e)
An alarm permit cannot be transferred to another person. However,
the individual(s) designated to respond to an alarm or relay an alarm
may be changed. A permit holder must inform the director of any change
that alters the information listed on the permit application. No fee
will be assessed for such changes.
(f)
For purposes of this section, information contained in the permit
application will be used for law enforcement purposes and will become
part of the police department's records. Therefore, all information
contained in any permit application shall be deemed confidential,
pursuant to Tex. Gov't Code, ch. 552 and Texas Occupations Code
section 1702.284 and said information contained in the permit application
shall not be subject to public disclosure.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
(a)
There shall be a permit fee as established in the fee schedule in appendix A of this code, assessed for each installation of a residential alarm permitted under section 4.05.031. This includes individual residential units in a multiunit residential housing facility, also referred to as a multifamily facility.
(c)
Alarm system permits and panel alarm permits must be renewed each year during the month of January in accordance with subsection (d) regardless of when the original permit was issued, with a renewal permit fee of:
(d)
Late fee for renewal: All renewal permit fee(s) required to be paid under subsection (c) of this section are due January 1st of each year; provided, however, that there is a 30-day grace period and no late fee will apply unless said renewal permit fee(s) are not paid on or before January 31st of the year they become due. Renewal permit fee(s) paid after January 31st will be considered late and incur a late fee of 25% of the permit fee(s).
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
The director may deny, revoke or refuse to renew a permit if
the alarm system in question: (1) has had eight or more false alarms
during the previous 12-month period; or (2) for nonrenewal (including
failure to pay required permit fees, late fees, penalties, and/or
fines). Revocation or refusal to renew may not occur until after the
director has provided at least 30 days' notice to the permit
holder. The notice shall be sent to the applicant or permit holder
by certified mail, return receipt requested, setting forth the reason
for such action and advising the applicant or permit holder of the
right of an appeal. The applicant or permit holder may appeal the
decision of the director to the appeal hearing official (to be designated
by the town manager) by filing with the town secretary a written request
for a hearing, setting forth his or her objections to the action of
the director, within ten days after receipt of the notice from the
director. The timely filing of a request for an appeal hearing with
the town secretary shall stay the action of the director in denying
the issuance of or revocation of a permit until a final decision on
the appeal is made by the appeal hearing official.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
A person commits an offense if he or she operates any alarm system as defined in this article without having a valid permit in accordance with the provisions of section 4.05.031, and upon conviction in the municipal court of the town shall be punished by a fine not to exceed $250.00 for each offense and ordered to pay applicable court costs. Each and every day such violation shall continue shall be deemed to constitute a separate offense. It is an affirmative defense to prosecution that, prior to any resultant court date for the violator, the violator obtains an alarm permit from the town.
(Ordinance 2013-9-3B adopted 9/3/13; Ordinance 2022-24 adopted 11/1/2022)
