For the purposes of this article, the following definitions shall apply unless the content requires a different definition:
Alarm protective service.
Any service whereby the person providing such service installs, services, repairs, maintains, sells, replaces, or responds to an alarm system or which causes any of the activities to take place. For the purposes of this article, alarm protective services shall not include any persons engaged solely in the sale of alarm systems designed to cause an audible and/or visual signal to be emitted only in or on the premises in which the system is installed.
Alarm site.
A single premises, residence or location (one street address) served by an alarm system or systems that are under the control of one owner. In regard to the Robstown Independent School District, each separate campus will be regarded as an alarm site.
Alarm system.
Any assembly of equipment, device or devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. The term “alarm system” shall include the terms “automatic holdup alarm system,” “burglar alarm system,” “holdup alarm system” and “manual holdup alarm system” as those terms are herein defined. For the purposes of this article, an alarm system shall not include:
(1) 
Fire alarm systems and other alarm systems that monitor temperature, humidity, or any other condition not directly related to the detection of an unauthorized intrusion into the premises or an attempted robbery at the premises.
(2) 
An alarm system installed upon the premises occupied by the United States government, the state, the city, the city utility systems or any county government or church building situated within the corporate limits of the city.
(3) 
An alarm system installed on a motor vehicle.
(4) 
An alarm system installed upon the residence of an individual (65 years of age or older) and if the individual lives alone (or with spouse only).
(5) 
Life line alarms. An alarm designed to alert any emergency service of a medical emergency.
Alarm system user.
The owner, agent or person in control of the property on which an alarm system or systems is maintained within the corporate limits of the city.
Automatic dialing device.
An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
Automatic holdup alarm system.
An alarm system in which the signal transmission is initiated by the action of a robber.
Burglar alarm system.
An alarm system signaling an entry or attempted entry into an area protected by the alarm system.
False alarm.
Any activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or negligence of the owner, agent, or person in control of the property or any other such activation which is not a result of an emergency or threat of emergency for which the alarm system was designed to give notice and for which the responding police officer finds no evidence of any criminal activity. For the purposes of this article, false alarm shall not include:
(1) 
Any activation of an alarm system which is caused by hurricanes, tornadoes, earthquakes, or gale force winds or higher, or electrical power failure due to power outage.
(2) 
Any activation of an alarm system to which the response by the police department is cancelled by either the alarm protective service or the alarm system user prior to arrival of the responding police officer at the property on which the alarm system causing the response is located.
Holdup alarm system.
An alarm system signaling a robbery or attempted robbery.
Manual holdup alarm system.
An alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.
Permit.
A certificate of authorization issued by the police department to the owner, agent, or person in control of the property which authorizes the operation of an alarm system or systems at an alarm site.
Permit holder.
Any individual, corporation, partnership or other legal entity to whom an alarm system permit is issued.
Person.
Any individual, corporation, partnership or other legal entity.
Five-minute [Ten-minute] shut-off.
An automatic device associated with an alarm system which automatically causes the alarm to shut off and discontinue the emission of an audible signal after a period of time not to exceed ten (10) minutes of continuous operation.
(Ordinance 950, sec. 1, adopted 6/14/99)
Any person, firm or corporation violating the terms and provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined a sum not to exceed two hundred dollars ($200.00).
(Ordinance 950, sec. 11, adopted 6/14/99)
(a) 
Permit required.
No person shall operate, cause to be operated, or permit the operation of an alarm system or systems at an alarm site unless a valid permit has been issued by the police department for such system. This requirement shall not be applicable to an alarm protective service unless the alarm protective service is the owner, agent, or person in control of the property which the alarm system is designed to protect. An alarm system user shall be in violation of this article if he permits the operation of such system without a proper permit.
(b) 
Permit required for each alarm site.
An alarm system user or his agent shall obtain a permit for each alarm site.
(c) 
Application.
Application for a permit for the operation of an alarm system or systems at an alarm site shall be made with the police department by the owner, agent, or person having control over the property on which the alarm system is to be installed and operated. Application shall be made in writing on a form designated by the city. On such application form, the applicant shall set forth:
(1) 
The name, address, and telephone number of the owner, agent or person in control of the property to be protected;
(2) 
The street address of the property on which the alarm system is to be installed and operated;
(3) 
A brief description of the type of property to be protected (i.e., commercial, residential, or industrial, etc.);
(4) 
Any business name or title used for the premises on which the alarm system is to be installed and operated;
(5) 
Name, address, and telephone number of the alarm protective service or person who will install and service the alarm system;
(6) 
Names and telephone numbers of one (1) or more persons who are able to and have agreed to receive notification at any time from the city police department in order to deactivate the alarm system if it becomes necessary; and
(7) 
Any other pertinent information required by the city police department which is necessary for the enforcement of this article.
(d) 
Issuance.
The police department shall issue a permit to the individual, corporation or other legal entity in control of the property to be protected upon submission in person or by mail of a completed application and payment of the appropriate fee, unless any statement made on the application is incomplete or false.
(e) 
Confidentiality of information.
The police department shall treat all information on the application as confidential.
(f) 
Transfer.
Any permit issued pursuant to this article shall be applicable only to the permit holder and is not transferable.
(g) 
Permit period; renewal.
Each permit issued to an alarm system user shall be valid for one (1) year from date of issuance. The permit holder is required to obtain a renewal permit within thirty (30) days upon expiration.
(h) 
Termination.
Each permit automatically becomes void upon the occurrence of any of the following:
(1) 
Control of protected property is transferred from the permit holder;
(2) 
The permit holder voluntarily discontinues services provided by a particular alarm protective service, and/or disconnects the alarm system; and
(3) 
Revocation of the permit by the police department pursuant to section 4.07.005.
(i) 
Changes in information.
Each permit holder shall notify the police department of any change of information or of any occurrence that voids the current permit.
(j) 
Fee.
The fee for a permit issued pursuant to this article shall be twenty-five dollars ($25.00).
(Ordinance 950, sec. 2, adopted 6/14/99)
(a) 
Except as otherwise provided in subsection (b), the city will assess a service fee of fifty dollars ($50.00) to the permit holder for each response by the city to notification of activation of an alarm system which is determined to be a false alarm, as defined by section 4.07.001, in excess of four (4) false alarms within any annual permit period.
(b) 
If a person notifies the police department and applies for a permit before the new alarm system is put in operation, no service fee will be assessed during the first 45 days after issuance of a permit, and any activation of an alarm system which causes a response by the police department during that period will not be counted in determining when a service fee will be assessed.
(c) 
A permit holder will not be assessed a service fee for a response to notification of the activation of an alarm system if the permit holder shows to the police chief or his designated representative that the activation was not a false alarm, and any response by the police department to such notification of an alarm system will not be included in determining the service fee set out above. For the purposes of determining the service fee set out above, the burden shall be on the permit holder to prove that the activation of the alarm system was not a false alarm.
(Ordinance 950, sec. 3, adopted 6/14/99)
(a) 
The chief of police or designated representative may revoke an alarm system permit if he determines that:
(1) 
There is a false statement of a material matter on the application for a permit;
(2) 
The permit holder has violated this article or any of its provisions; or
(3) 
The permit holder has failed to make timely payment of a service fee assessed under section 4.07.004.
(b) 
It shall be unlawful for any person to operate an alarm system during the period in which the alarm permit is revoked.
(Ordinance 950, sec. 4, adopted 6/14/99)
(a) 
Any permit holder aggrieved by the decision to assess a service fee by the chief of police or his designated representative as provided for in section 4.07.004(c) may appeal the decision to the city secretary by filing with the city secretary a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after the chief of police or his designated representative renders the decision. The filing of a request for an appeal hearing with the city secretary stays an action of the chief of police in assessing a service fee until the city secretary or his designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police or his designated representative is final.
(b) 
If the chief of police or designated representative refuses to issue or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief of police to the city secretary by filing with the city secretary a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the chief of police. The filing of a request for an appeal hearing with the city secretary stays an action of the chief of police in revoking a permit until the city secretary or his designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police is final.
(c) 
The city secretary or his representative shall serve as hearing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. The hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief of police. The decision of the hearing officer is final as to administrative remedies with the city.
(Ordinance 950, sec. 5, adopted 6/14/99)
(a) 
The chief of police may set reasonable standards and procedures to be followed by any alarm protective service when giving notice to the police department of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any alarm system business requesting same.
(b) 
No person shall operate or cause to be operated any automatic dialing device which when activated uses a telephone device or attachment to automatically select a telephone line leading into the communication center of the police department and then transmits any prerecorded message or signal.
(c) 
All alarm systems which emit an audible sound shall have a ten-minute shut-off.
(Ordinance 950, sec. 6, adopted 6/14/99)
This article is enacted as an exercise of the city’s police power, and no fee or provision in it shall create any duty of the city or any of its officers or employees to any person, nor shall the city or any officer or employee be liable for any action or inaction associated with an alarm or any activity under this article.
(Ordinance 950, sec. 8, adopted 6/14/99)
Any person, firm or corporation operating an alarm system without a permit will be subject to the penalty outlined in section 4.07.002 upon conviction unless compliance is met within ten (10) working days after being notified.
(Ordinance 950, sec. 12, adopted 6/14/99)