The following words and terms, as used in this article, have
the meaning respectively ascribed to them as follows:
A single premises or location (one (1) street address) served
by an alarm system or systems that are under the control of one (1)
owner.
An assembly of equipment (or a single device, such as a solid
state unit which plugs directly into a one hundred ten (110) volt
AC line) arranged to signal the presence of a hazard requiring urgent
attention and to which the department is expected to respond. Systems
commonly referred to as “burglar alarm systems” and “panic/alert
systems” are included. “Alarm system” does not include:
The owner, agent or person in control of the premises where
an alarm system is maintained within the city, except for alarm systems
on motor vehicles. lf, however, an alarm system on a motor vehicle
is connected with an alarm system on a premises, the person using
such system is an alarm user.
Refers to 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.
Refers to an alarm system signaling an entry or attempted
entry into the area protected by the system.
Shall be measured from January 1st to December 31st.
The City of Beverly Hills, Texas.
Structure intended or used for the purpose of conducting
a commercial business enterprise.
The Beverly Hills police department or any authorized agent
or site thereof.
An alarm system which has the capability of transmitting
system signals to and receiving them at an agency or site designated
by the department.
A telephone line, leading directly from a central station
or modified central station to the communications center of the department,
that is for use only to report emergency signals on a person-to-person
basis.
Refers to an alarm system signaling a robbery or attempted
robbery.
The activation of an alarm system which is not the 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. This term shall include
activation of an alarm system through mechanical or electronical failure,
malfunction, improper installation or the negligence of the owner
or lessee of an alarm system or of their employees or agents. This
term shall not include activations which result from any of the following:
Alarms caused by an attempted illegal entry of which there is
visible evidence, illegal entry or other demonstrable criminal activity.
Alarms caused by the failure or malfunction of the monitoring
equipment located in the department.
Any activation of an alarm system which is caused by hurricanes,
tornadoes, earthquakes, gale force winds or higher, thunderstorms
or electrical storms, utility power surges or surges through phone
lines.
Alarms occurring on a repeated basis without apparent cause
but where continuous decided effort, in the sole opinion of the department,
is being made jointly by the alarm business used by the alarm user
for installation or servicing and any other concerned person to correct
the malfunction expeditiously.
Alarms intentionally caused by a person acting under a reasonable
belief that a need exists to call the department.
Alarms followed by an immediate call to the department canceling
the alarm giving the proper code number, such call having been made
prior to the arrival of the department.
Alarms resulting from the servicing of an alarm system by an
alarm business when, prior to such repair or service, the alarm user
or their agent has notified the department, in person or by call by
giving the proper code number, that the alarm system will be repaired
or services at the particular date and time coinciding with that alarm.
Alarms caused by an animal, provided that actions of the animal
were beyond the control and prevention of the alarm user.
Any individual, corporation, organization, partnership, association
or any other legal entity.
(Ordinance adopted 10/19/92)
All alarm systems equipped with any exterior sound-producing
device, including, but not limited to, gongs, buzzers, sirens, bells
or horns, shall be equipped with a time device which limits the operation
of such sound-producing device to a continuous fifteen (15) minutes;
except that commercial establishments shall be allowed a continuous
thirty (30) minutes of operation of the sound-producing devices.
(Ordinance adopted 10/19/92)
No automatic dialing shall be keyed to the department or otherwise
connected to the department terminals. Any alarm systems which are
keyed to a primary or secondary trunkline of the department shall
be immediately disconnected therefrom at the expense and responsibility
of the owner or lessee of the system. Failure to disconnect any automatic
dialing device which is keyed to the department shall constitute a
violation of this article.
(Ordinance adopted 10/19/92)
A financial institution may install, with the permission of
the department, an alarm system that is monitored directly by the
department. The installation must be accomplished at the institution’s
expense.
(Ordinance adopted 10/19/92)
(a)
The
first six (6) nonvalid burglar alarms at each individual alarm site
during a calendar year to which the department responds shall not
result in a service charge to the alarm user. Each response by the
department to a nonvalid burglar alarm after the first seven (7) at
the same alarm site during a calendar year shall result in the imposition
of a false alarm fee against the alarm user.
(b)
The
first three (3) nonvalid holdup alarms at each individual alarm site
during a calendar year to which the department responds shall not
result in a service charge to the alarm user. Each response by the
department to a nonvalid robbery alarm after the first four (4) at
the same alarm site during a calendar year shall result in the imposition
of a false alarm fee against the alarm user.
(Ordinance adopted 10/19/92)
(a)
If
an alarm user believes that the department’s determination that
an alarm was nonvalid is unjustified, the alarm user may appeal that
determination by filing a notice of appeal with the city secretary’s
office within ten (10) days of date of notice of the alarm user by
the department of the nonvalid alarm. In the notice of appeal, the
alarm user shall set out the specific basis upon which such user is
contesting the nonvalid determination.
(b)
The
city secretary, or representative designated by the city secretary,
shall act as a hearing officer and shall conduct a hearing to determine
whether to reclassify the alarm as valid. The burden of proof shall
be upon the alarm user. At the hearing, the hearing officer shall
not be bound by the rules of evidence applicable in a court proceeding
but may rely upon that evidence which a reasonable person would rely
upon in reaching a decision. The hearing office may request additional
information from the alarm user or the department.
(c)
The
bearing shall be conducted within a reasonable time after the notice
of appeal is filed. During the time the appeal is pending, the alarm
shall not be considered in determining the number of nonvalid alarms
occurring during a calendar year. At the conclusion of the hearing,
the hearing officer shall provide the alarm user and the department
with written notice of his determination within a reasonable time.
(d)
The
determination of the city secretary or his or her designee shall be
final.
(Ordinance adopted 10/19/92)
Fees imposed for false alarms shall be approved by the city
council by minute entry or as a part of the annual budget.
(Ordinance adopted 10/19/92)
All fees and penalties authorized in this article may be billed
directly to the alarm user or may be through the water and garbage
billing system and payable as provided for in the collection of such
utility bills.
(Ordinance adopted 10/19/92)
