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.
4. 
Time of day and date.
5. 
Weather conditions.
6. 
Area and subarea.
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)