The following words and phrases are defined as follows for the
purposes of this Chapter.
(A) Alarm
system
means a device or system that emits, transmits,
or relays a signal intended to summon, or that would reasonably be
expected to summon, police services of the City, including, but not
limited to, local alarms. "Alarm system" does not include:
1. An alarm
installed on a vehicle unless the vehicle is permanently located at
a site; or
2. An alarm
designed to alert only the inhabitants of a premises which does not
have a local alarm.
(B) Alarm
notification
means a notification intended to summon
the police department which is designed either to be initiated purposely
by a person or by an alarm system that responds to a stimulus characteristic
of unauthorized intrusion.
(C) Alarm
site
means a single premises or location (one street
address) served by an alarm system or systems that are under the control
of one owner.
(D) Chief
means the chief of police or his authorized representative.
(E) False
alarm notification
means an alarm notification to the
police department, when the responding officer finds no evidence of
an attempted criminal offense or criminal offense and the police department
responds to the alarm within 30 minutes of the alarm notification.
(F) Local
alarm
means an alarm system that emits a signal at an
alarm site that is audible or visible from the exterior of a structure.
(G) Permit
holder
means the person designated in the application
as required in subsection 2(C)(1) who is ultimately responsible for
responding to alarms and giving access to the site and who is also
responsible for proper maintenance and operation of the alarm system
and payment of fees.
(H) Person
means an individual, corporation, partnership, association,
organization, or similar entity.
(I) Special
trunk line
means a telephone line leading into the city's
communications division or police 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.
(Ordinance 7175 adopted 5/26/1992; Ordinance 7325 adopted 5/24/1994)
(A) A person
commits an offense if he operates or causes to be operated an alarm
system without an alarm permit issued by the chief. A separate permit
is required for each alarm site.
(B) Upon
receipt of a properly completed application form, and a permit fee
of $25.00 for commercial permits and $20.00 for residential permits,
the chief shall issue an alarm permit to an applicant, unless the
applicant has failed to pay a service fee assessed under Section 11
or has had an alarm permit for the alarm site revoked, and the violation
causing the revocation has not been corrected.
(C) Each
permit application 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 fees assessed under this Chapter.
2. Classification
of the alarm site as either residential or commercial.
3. For
each alarm system located at the alarm site, the purpose of the alarm
system, i.e., burglary, robbery, personal hostage.
4. Other
information required by the chief which is necessary for the enforcement
of this Chapter.
(D) Any
false statement of a material matter made by an applicant for the
purpose of obtaining an alarm permit shall be sufficient cause for
revocation or refusal to issue a permit.
(E) An alarm
permit cannot be transferred to another person. A permit holder shall
inform the chief of any change that alters any information listed
on the permit application within three business days. No fee will
be assessed for such changes.
(F) All
fees owed by an applicant must be paid before a permit may be issued
or renewed.
(Ordinance 7175 adopted 5/26/1992)
A permit is valid for one year and may be renewed at the end
of that year upon submission of an updated application and a renewal
fee of $20.00 for commercial permits and $15.00 for residential permits.
The City shall give a permit holder 30 days' notice, in writing, prior
to terminating an alarm permit for nonrenewal.
(Ordinance 7175 adopted 5/26/1992)
(A) A permit
holder in control of an alarm system shall:
1. Maintain
the premises containing an alarm system in a manner that insures proper
operation of the alarm system.
2. Maintain
the alarm system in a manner that will minimize false alarm notifications.
3. Respond
or cause a representative to respond within a reasonable period of
time when notified by the City to repair or inactivate a malfunctioning
alarm system, to provide access to the premises, or to provide security
for the premises.
4. Not
manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
(B) A person
in control of a local alarm shall adjust the mechanism or cause the
alarm signal to sound for no longer than 15 minutes after being activated.
(Ordinance 7175 adopted 5/26/1992)
A permit holder in control of an alarm system shall not allow
alarm signals to be reported through a relaying intermediary that
does not comply with the requirements of this Chapter and any rules
and regulations promulgated by the chief.
(Ordinance 7175 adopted 5/26/1992)
(A) An intermediary
who is engaged in the business of relaying alarm notifications to
the City shall:
1. Report
alarms only over special trunk lines designated by the chief.
2. Communicate
alarm notifications to the City in a manner and form determined by
the chief.
3. Be licensed
by the Texas Board of Private Investigators and Private Security Agencies.
(Ordinance 7175 adopted 5/26/1992)
No person shall use, or cause or permit to be used, any alarm
device which automatically dials the city's communications division
or police department, and then reproduces any prerecorded voice messages
to report any robbery, burglary, or other emergency.
(Ordinance 7175 adopted 5/26/1992; Ordinance 7325 adopted 5/24/1994)
A person in control of an alarm system shall maintain at each
alarm site a complete set of written operating instructions for each
alarm system. Special codes, combinations, or passwords must not be
included in these instructions.
(Ordinance 7175 adopted 5/26/1992)
(A) The
officer responding to an alarm call resulting from an attempted criminal
offense or criminal offense or false alarm notification shall record
such information as necessary to permit the 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.
7. Name
of permit holder's representative on the premises, if any.
(B) The
responding police officer shall indicate on the dispatch record whether
the notification was caused by a criminal offense or whether the notification
was the result of a false alarm.
(Ordinance 7175 adopted 5/26/1992)
If there is reason to believe that an alarm system is not being
used or maintained in a manner that insures proper operation and suppresses
false alarms, the chief may require a conference with an alarm permit
holder and the individual or association responsible for maintenance
of the alarm system to review circumstances of each false alarm.
(Ordinance 7175 adopted 5/26/1992)
(A) Except as provided in subsection
(B), the holder of an alarm permit shall pay a service fee of $50.00 for each police alarm notification in excess of five occurring during the preceding 12-month period.
(B) If
the responding police officer determines that an alarm notification
was caused by an attempted criminal offense or criminal offense or
by weather conditions, no service fee will be assessed for that notification.
(Ordinance 7175 adopted 5/26/1992)
(A) The
chief shall revoke an alarm permit if he determines that:
1. There
is a false statement of a material matter in the application for a
permit;
2. The
permit holder has violated Section 4, 5, 6, 7 or 8; or
3. The
permit holder has failed to make timely payment of a service fee assessed
under Section 11 or has an excessive number of false alarms.
(B) A person
commits an offense if he operates an alarm system during the period
in which his alarm permit is revoked.
(Ordinance 7175 adopted 5/26/1992)
(A) If
the chief refuses to issue or renew a permit, 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. However, notification by certified mail
is not required for false alarm determination and regular mailing
shall be sufficient. The applicant or permit holder may appeal the
decision of the chief to the city manager by filing with the city
manager a written request for a hearing, setting forth reasons for
the appeal, within ten days after receipt of the notice from the chief.
The filing of a request for an appeal hearing with the city manager
stays an action of the chief in revoking a permit until the city manager
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 is final.
(B) The
city manager 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 30 days after the request for an appeal hearing is filed. The
hearing officer shall affirm, reverse, or modify the action of the
chief. The decision of the hearing officer is final as to administrative
remedies with the City.
(C) It
shall further be the function of the hearing officer to recommend
prosecution of any violations of this article to the municipal court
prosecutor pursuant to the sanctions contained in Section 14 of this
ordinance.
(Ordinance 7175 adopted 5/26/1992)
(A) A person
commits an offense if he violates by commission or omission any provision
of this Chapter that imposes upon him a duty or responsibility.
(B) A person
who violates a provision of this Chapter 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 $500.00.
(C) In
addition to prohibiting or requiring certain conduct of individuals,
it is the intent of this Chapter to hold a corporation, partnership,
or other association criminally responsible for acts or omissions
performed by an agent acting in behalf of the corporation, partnership,
or other association, and within the scope of his employment.
(Ordinance 7175 adopted 5/26/1992)
(A) This
ordinance shall become effective 90 days after its passage.
(B) The
police chief shall monitor the enforcement and effect of this Chapter
and report to the city manager one year after the effective date on
its effect in reducing unnecessary alarm notifications.
(Ordinance 7175 adopted 5/26/1992)