(a) 
An alarm user or person in control of an alarm system shall:
(1) 
Maintain the alarm site in a manner which ensures proper operation of the alarm system;
(2) 
Maintain the alarm system in a manner that will minimize false alarms;
(3) 
Respond or cause a representative to respond within 45 minutes when notified by the police department to repair or inactivate a malfunctioning alarm system, to provide access to the alarm site, or to provide security for the alarm site;
(4) 
Notify the police department prior to any repair or testing of an alarm system where a false alarm system signal might be transmitted;
(5) 
Not manually activate an alarm system for any reason other than an occurrence of an event that the alarm system is intended to report, except as stated in subsection (a)(4) of the section; and
(6) 
Not use automatic voice dialing devices.
(b) 
An alarm user or person in control of an alarm system shall maintain, at each alarm site, a set of written operating instructions for each alarm system.
(c) 
An alarm user or person in control of an alarm system shall agree with their alarm installation company and/or monitoring company to go through an "acclimation period" for the first seven days after installation of an alarm system, during which time the alarm installation company and/or monitoring company will have no obligation to and will not respond to any burglar alarm signal, except for a signal of a panic alarm, duress alarm or hold-up alarm, from the alarm site and will not make an alarm notification to the police department, even if the burglar alarm signal is the result of an actual alarm event.
The alarm administrator may waive this prohibition because of an imminent danger to people or property. An alarm installation company and/or monitoring company must comply with these procedures when requesting police response to an alarm signal. The police department may refuse to respond if the alarm installation company and/or monitoring company does not follow these procedures.
(d) 
An alarm user or person in control of an alarm system shall adjust the alarm system or cause the alarm system to be adjusted so that the alarm system, after being activated, will sound for no longer than:
(1) 
Thirty minutes for an alarm system installed before January 1, 2007, except as otherwise provided in subsection (d)(2)b. of this section; and
(2) 
Ten minutes for an alarm system:
a. 
Installed on or after January 1, 2007; or
b. 
Installed before January 1, 2007, but to which any improvement is made on or after January 1, 2007.
(e) 
An alarm user or person in control of an alarm system shall adjust the alarm system or cause the alarm system to be adjusted so that the alarm system shall not make a sound similar to that of sirens on emergency vehicles or civil defense warning systems.
(f) 
An alarm user or person in control of an alarm system shall adjust the alarm system or cause the alarm system to be adjusted so that upon activation the alarm system will not transmit another alarm signal from the same zone without first being manually reset.
(g) 
Persons that have installed their own alarm system, as well as firms with proprietary systems, shall comply with all of the requirements in this section.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
Upon the installation or activation of an alarm system, the alarm installation company shall ensure that alarm users of alarm systems equipped with a duress alarm, hold-up alarm or panic alarm are given adequate training as to the proper use of the duress alarm, hold-up alarm, or panic alarm and distribute to all alarm users information summarizing:
(1) 
The applicable law relating to false alarms, including the potential for penalties and revocation or suspension of an alarm permit;
(2) 
How to prevent false alarms; and
(3) 
How to operate the alarm system.
(b) 
The alarm installation company shall notify the alarm administrator of an installation or activation of an alarm system not later than the 30th day after the date of the installation or activation. The alarm installation company shall provide to the alarm administrator:
(1) 
The alarm installation company name;
(2) 
The alarm installation company license number;
(3) 
The name of the alarm user at the alarm site;
(4) 
The alarm site address; and
(5) 
The date of installation or activation.
(c) 
An alarm installation company commits a class C misdemeanor offense if the company violates subsections (a) or (b) of this section.
(d) 
The duties imposed by this section on an alarm installation company do not apply to the installation or activation of a personal emergency response system, as defined under V.T.C.A., Occupation Code § 1702.331.
(e) 
Upon the effective date of the ordinance codified in this article, alarm installation companies shall not program alarm systems so that they are capable of sending One Plus duress alarms. Monitoring companies may continue to report One Plus duress alarms received from alarm systems programmed with One Plus duress alarms prior to enactment of the ordinance codified in this article. However, upon the effective date of this article, when a takeover or conversion occurs, an alarm installation company must remove the One Plus duress alarm capability from all affected alarm systems.
(f) 
Upon the effective date of this article, alarm installation companies shall not install a device to activate a hold-up alarm that is a single action, non-recessed button.
(g) 
An alarm installation company may not install any alarm system on or after January 1, 2007, that includes a detection device control panel unless the control panel meets or exceeds ANSI/SIA CP-01-Control Panel Standard - Features for False Alarm Reduction. This includes any existing detection device control panel that must be upgraded or replaced.
(h) 
An alarm installation company or monitoring company shall not use automatic voice dialers.
(i) 
The monitoring company shall not make an alarm notification in response to a burglar alarm signal, except for a signal for a panic alarm, duress alarm or hold-up alarm, during the first seven days following an alarm system installation. The alarm administrator may grant an alarm user's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
(j) 
A monitoring company shall:
(1) 
Report alarm signals by using the special trunkline designated by the alarm administrator;
(2) 
Verify every alarm system signal, except a duress alarm or hold-up alarm activation, before requesting a police response to an alarm system signal;
(3) 
Communicate alarm notifications to the police department in a manner and form determined by the alarm administrator;
(4) 
Communicate cancellations to the police department in a manner and form determined by the alarm administrator;
(5) 
Communicate any available information (registration number, north, south, cross street, subdivision, front, back, floor, etc.) about the location on all alarm system signals related to the alarm notification;
(6) 
Communicate type of alarm activation (silent or audible, interior or perimeter);
(7) 
After an alarm notification, promptly advise the police department if the monitoring company knows that the alarm user or the responder is on the way to the alarm site;
(8) 
Attempt to contact the alarm user or responder within 24 hours via mail, fax, telephone or other electronic means when an alarm notification is made;
(9) 
Upon the effective date of this article, maintain for a period of at least one year from the date of the alarm notification, records relating to the alarm notification. Records must include the name, address and telephone number of the alarm user, the alarm system zone(s) activated, the time of alarm notification and evidence of an attempt to verify. The alarm administrator may make a written request for copies of such records for individually named alarm users. If the request is made within 60 days of an alarm notification, the monitoring company shall furnish requested records within three business days of receiving the request. If the records are requested between 60 days to one year after an alarm notification, the monitoring company shall furnish the requested records within 30 days of receiving the request; and
(10) 
Upon the effective date of this article, immediately provide the police department with the names and phone numbers of the alarm user's emergency contacts, at the time of the alarm notification or within a reasonable amount of time after the alarm notification if the police department calls back to request the information.
(k) 
An alarm installation company and/or monitoring company shall provide the alarm administrator with a complete list of active customers on January 1 of each year, to assist the alarm administrator with creating and maintaining the police department's tracking data. The customer information will be provided in a format the alarm company is capable of producing and will include the following information:
(1) 
Permit number;
(2) 
Customer name;
(3) 
Alarm site address;
(4) 
Installation or activation date; and
(5) 
Alarm company license number.
(l) 
An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide a complete list of the acquired customers, in a format the alarm company is capable of producing, that includes the following information:
(1) 
Permit number;
(2) 
Customer name;
(3) 
Alarm site address;
(4) 
Acquisition date; and
(5) 
Alarm company license number.
(m) 
Information provided to a governmental body under this section is confidential and may not be disclosed to the public except as required by law.
[Ord. No. 1278-14, § 2, 7-1-2014]
All alarm installation companies and monitoring companies shall maintain a license through the Texas Department of Public Safety Private Security Bureau.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
The alarm administrator shall:
(1) 
Designate a manner, form and telephone numbers for the communication of alarm notifications; and
(2) 
Establish a procedure to accept cancellation of alarm notifications.
(b) 
The alarm administrator shall establish a procedure to record such information on alarm notifications necessary to permit the alarm administrator to maintain records, including, but not limited to, the information listed below:
(1) 
Identification of the alarm permit number for the alarm site;
(2) 
Identification of the alarm site;
(3) 
Date and time alarm notification was received, including the name of the monitoring company and the monitoring operator name or number;
(4) 
Date and time of police officer arrival at the alarm site;
(5) 
Zone and zone description, if available;
(6) 
Weather conditions;
(7) 
Name of alarm user's representative at alarm site, if any;
(8) 
Identification of the responsible alarm installation company or monitoring company;
(9) 
Whether police officer was unable to locate the address of the alarm site; and
(10) 
Cause of alarm system signal, if known.
(c) 
The alarm administrator shall establish a procedure for the notification to the alarm user of a false alarm fine. The notice shall include the following information:
(1) 
The date and time of police officer response to the false alarm;
(2) 
The identification number of the responding police officer;
(3) 
The amount of the fine(s); and
(4) 
A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines.
(d) 
The alarm administrator may require a conference with an alarm user and the alarm installation company and/or monitoring company responsible for the repair or monitoring of the alarm system to review the circumstances of each false alarm.
(e) 
The alarm administrator may create and implement an alarm user awareness class. The class shall inform alarm users of the problems created by false alarms and teach alarm users how to avoid generating false alarms.
(1) 
The alarm administrator may request the assistance of associations, alarm companies and the police department in developing and implementing the class.
(2) 
The alarm administrator may allow an alarm user the option of completing an alarm user awareness class in lieu of paying one prescribed fine.
(f) 
The alarm administrator may require an alarm user to remove a hold-up alarm that is a single action, non-recessed button if a false hold-up alarm has occurred.
(g) 
The alarm administrator shall require an alarm user to have a licensed alarm installation company inspect the alarm system after three false alarms in a calendar year.
(1) 
The alarm administrator may waive a required inspection if it is determined that a false alarm(s) could not have been related to a defect or malfunction in the alarm system.
(2) 
After five false alarms within a calendar year, the alarm administrator shall require an alarm user to have a licensed alarm installation company modify the alarm system to be more false alarm resistant or provide additional user training as appropriate.
(h) 
For the purpose of enforcing the provisions of this article, the alarm administrator or designated agent shall have the authority, at reasonable times and upon reasonable oral notice, to enter any premises in the city in or upon which an alarm system subject to this article is located, to inspect the installation and operation of such alarm system.
(1) 
If such inspection reveals any violations of provisions of this article, the alarm administrator shall promptly send a written report detailing such violations to the alarm user or other person responsible for the alarm system.
(2) 
Such report shall require the correction within 30 days after receipt of a notice of the violation discovered and shall state that a failure to comply may result in the revocation of the alarm permit and loss of police response.
(i) 
The alarm administrator will make a copy of the ordinance from which this article derives and/or an ordinance summary sheet available to the alarm user, alarm installation company, and monitoring company.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
The director may require the alarm administrator to collect, analyze and disclose statistical information about a specific alarm installation company's false alarm experience.
(b) 
The alarm administrator will determine the false alarm rate for each alarm installation company. The false alarm rate is based on the number of alarm users of record for each alarm installation company contained within the alarm administrator's database divided by the number of false alarms from said alarm users in a specified period of time.
(1) 
This regulation requires that all alarm installation companies ensure each of their respective customers has a valid alarm permit and provide the alarm administrator with the name of any alarm user who cancels or otherwise terminates their alarm system services with the alarm installation company.
(2) 
The alarm administrator is responsible only for ensuring the accuracy of the false alarm rates and is not responsible for ensuring the accuracy of alarm installation company or alarm user supplied information.
(c) 
The alarm administrator may provide information about a specific alarm installation company's false alarm experience to the director for inclusion in any disclosure report about a specific alarm installation company.
(d) 
The alarm administrator may disclose and/or publish information about a specific alarm installation company's false alarm experience upon reasonable request and as often as is practicable.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
The alarm administrator shall notify the alarm user in writing after each fineable false alarm. The notification shall include: the amount of the fine for the false alarm, the fact that response will be suspended after the tenth false alarm, excluding duress alarms, holdup alarms and panic alarms, and a description of the appeals procedure available to the alarm user.
(b) 
The alarm administrator shall notify the alarm user and alarm installation company and/or monitoring company in writing if a conference is required with an alarm user and the alarm installation company and/or monitoring company responsible for the repair or monitoring of the alarm system to review the circumstances of each false alarm.
(c) 
The alarm administrator shall notify the alarm user and the alarm installation company or monitoring company in writing 30 days before alarm response is to be suspended. Suspension of alarm response does not apply to duress alarms, hold-up alarms and panic alarms. The notice of suspension shall also include the amount of the fine for each false alarm and a description of the appeals procedure available to the alarm user.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
An alarm user shall be subject to fines, depending on the number of false alarms within a calendar year, based upon the following schedule:
# of False Alarms
False Alarm Fine
1—3
$0.00
4—5
$50.00
6—7
$75.00
8—9
$100.00
10
$100.00 and police response revoked.
(b) 
An alarm user may be fined $50.00 for failure to provide a responder when requested by the police department.
(c) 
If cancellation occurs prior to a police officer arriving at the scene, this is not a false alarm for the purpose of fines, and no fines will be assessed.
(d) 
If it takes longer than 30 minutes for a police officer to respond to the alarm notification, this is not a false alarm for the purpose of fines, and no fines will be assessed.
(e) 
Notice of the right of appeal under this article will be included with any fines.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
The alarm administrator shall have the authority to revoke an alarm permit if the inspection of an alarm system, as provided for in subsection 30-88(h), reveals violations of this article that are not corrected.
(b) 
The alarm administrator shall also have the authority to revoke an alarm permit if:
(1) 
An alarm user fails to pay any fees or fines assessed in this article, within 30 days of being invoiced;
(2) 
There is a statement of material fact known to be false in the alarm permit application;
(3) 
The alarm user has failed to submit a written certification from an alarm installation company that complies with the requirements of this article, stating that the alarm system has been inspected and repaired (if necessary) and/or additional training has been conducted by the alarm installation company; or
(4) 
The alarm user has ten or more false alarms within a calendar year.
(c) 
A person commits an offense if he or she operates an alarm system during the period in which the alarm permit is revoked and is subject to enforcement and penalties set forth in this article.
(d) 
Unless there is separate indication that there is a crime in progress, the director will refuse police response to an alarm notification at an alarm site for which the alarm permit is revoked.
(e) 
If the alarm permit is reinstated pursuant to section 30-94, the alarm administrator may again revoke the alarm permit if it is determined that three false alarms have occurred within the 12-month period after the reinstatement date. All false alarm fines after reinstatement are $100.00 each.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
If the alarm administrator refuses to issue or renew a permit, or revokes a permit, a written notice of this action and a statement of the right to an appeal shall be sent to the alarm permit holder by certified mail, return receipt requested. The alarm permit holder may appeal the decision of the alarm administrator to the director by filing with the director a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of the notice from the alarm administrator. The filing of a request for an appeal hearing with the director stays an action of the alarm administrator in revoking a permit until the director or 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 alarm administrator is final.
(b) 
The director shall set a time and place for the hearing, which shall be served upon the alarm permit holder by certified mail, return receipt requested. The director or designated 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. All parties to the hearing shall have the right to present evidence and shall have the right to cross examination. The hearing officer shall make a decision on the basis of a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse, or modify the action of the alarm administrator. The decision of the hearing officer is final as to administrative remedies with the city.
(c) 
The alarm administrator may adjust the count of false alarms based on:
(1) 
Evidence that a false alarm was caused by an act of God;
(2) 
Evidence that a false alarm was caused by action of the telephone company;
(3) 
Evidence that a false alarm was caused by a power outage lasting longer than four hours;
(4) 
Evidence that the alarm notification was not a false alarm;
(5) 
Evidence that a police officer did not arrive within 30 minutes of the alarm notification; or
(6) 
In determining the number of false alarms, multiple alarms occurring in any 24-hour period may be counted as one false alarm to allow the alarm user time to take corrective action, unless the false alarms are directly caused by the alarm user.
[Ord. No. 1278-14, § 2, 7-1-2014]
(a) 
A person whose alarm permit has been revoked may, at the discretion of the alarm administrator or the director, have the alarm permit reinstated by the alarm administrator or the director if the person:
(1) 
Submits a new alarm permit application and pays a $50.00 reinstatement fee for a residential site or a $100.00 reinstatement fee for a commercial site;
(2) 
Pays, or otherwise resolves, all outstanding citations, fees and fines;
(3) 
Submits a certification from an alarm installation company stating that the alarm system has been inspected and repaired or upgraded (if necessary) by the alarm installation company; and
(4) 
Submits a certification from an alarm installation company that the requirements of the V.T.C.A., Occupation Code § 1702.286, have been met pertaining to the alarm installation company providing the alarm user with information on:
a. 
The law relating to false alarms, including potential penalties and the revocation or suspension of an alarm permit;
b. 
How to prevent false alarms; and
c. 
How to properly operate the alarm system.
(b) 
A person whose alarm permit has been revoked a second time in the 12-month period following the initial revocation may, at the discretion of the alarm administrator or the director, have the alarm permit reinstated by the alarm administrator or the director if the person submits to the alarm administrator or director documented evidence from an alarm installation company that the control panel and arming stations meet the requirements of American National Standards Institute (ANSI) Control Panel Standard CP-01.
[Ord. No. 1278-14, § 2, 7-1-2014]
In the interest of public safety and subject to the requirements of the Texas Public Information Act, all information contained in and gathered through the alarm permit applications, records relating to alarm notifications and applications for appeals shall be held in confidence by all employees or representatives of the city and by any third-party administrator or employees of a third-party administrator with access to information. Except where otherwise required by law, this information shall not be subject to public inspection. Public interest is served by not disclosing this information to the public and the interest in protecting this information clearly outweighs the public interest served by disclosing this information.
[Ord. No. 1278-14, § 2, 7-1-2014]
An alarm permit is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to an alarm notification is hereby disclaimed, and governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that police response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
[Ord. No. 1278-14, § 2, 7-1-2014]
The provisions of this article are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.
[Ord. No. 1278-14, § 2, 7-1-2014]