Editor's note—Former Ch. 9 pertained to similar subject matter and derived from Ordinance 4591, adopted 1/10/1985; Ordinance 5527, adopted 11/3/1988; Ordinance 5853, adopted 9/6/1990; Ordinance 6050, adopted 12/5/1991; Ordinance 8249, 11/13/2003; and Ordinance 8454, adopted 3/17/2005.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
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, emergency personnel of the city, including, but not limited to, local alarms. Alarm system does not include:
(1) 
An alarm installed on a motor vehicle;
(2) 
Any device or system designed solely to detect or give notice of fire, smoke, or water flow; or
(3) 
An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal either audible or visible from outside the building or residence.
Alarm notification
means a communication intended to summon emergency personnel, which is designed either to be initiated purposely or by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
Alarm permit holder
means a person who has received an alarm system permit, as required by this chapter.
Alarm site
means a single premises or location (one street address) served by an alarm system or systems. An alarm site will include a multiunit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants. For purposes of the issuance of a permit, such multiunit dwellings shall be considered one (1) property requiring only one (1) permit.
Alarm system user
means a person who owns or controls the premises upon which an alarm system is located.
Chief
means the chief of police of the City of Irving or designee.
Emergency personnel
means police personnel or fire personnel of the City of Irving.
False alarm notification
means the activation of an alarm system that results in notification to city emergency personnel and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report.
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.
Person
means an individual, corporation, partnership, association, organization, or similar entity.
Special trunk line
means a telephone line leading into the communications center of the police or fire department that is for the primary purpose of receiving alarm notifications.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the City of Irving for such system. This requirement is applicable to the person in control of the property, which the alarm system is designed to protect. The alarm location must possess a valid permit for the police department to respond to an alarm.
(b) 
An alarm system user or his agent shall obtain a permit for each alarm site.
(c) 
Upon receipt of a completed application form, the chief shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under this chapter or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected.
(d) 
Each permit application must contain the following information:
(1) 
Name, address, and telephone numbers 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) 
The street address of the property on which the alarm system is to be installed and operated;
(3) 
Classification of the alarm site as either residential or commercial;
(4) 
Any business name or title used for the premises on which the alarm system is to be installed;
(5) 
The name, address, and telephone numbers of one other person to respond to an alarm in the event the permit holder is unavailable;
(6) 
Any other information required by the chief which is necessary for the enforcement of this chapter; and
(7) 
Name, address, and telephone number of alarm monitoring company, if any.
(e) 
Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit or for revocation of a permit already issued.
(f) 
An alarm permit cannot be transferred to another person. A permit holder shall inform the chief of any change that alters information listed on the permit application within five (5) days of the occurrence of the change.
(g) 
All fees owed by an applicant must be paid before a permit may be issued or renewed.
(h) 
The fee for a permit issued pursuant to this chapter shall be fifty dollars ($50.00) per year for each alarm site, except that permit holders sixty-five (65) years or older, or permit holders receiving Social Security disability income as a result of their own disability, shall pay ten dollars ($10.00) for annual renewals.
(i) 
No person shall operate or cause to be operated, or permit the operation of an alarm system during the period in which an alarm permit is under revocation.
(Ordinance 8726, § 1, adopted 11/16/2006; Ordinance 2008-8990, § 1, adopted 9/18/2008)
A permit is valid, unless revoked, from the date of issuance for one (1) year, upon receipt of the annual fee. A permit will be automatically renewed for a one-year period, unless revoked, upon receipt of the annual fee, unless canceled by the permit holder.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
A permit holder or alarm system user shall:
(1) 
Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system;
(2) 
Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) 
Repair or inactivate a malfunctioning alarm system within fifteen (15) calendar days. A permit holder may present extenuating circumstances regarding additional time required to repair or inactivate a system at any administrative hearing under this chapter;
(4) 
Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report; and
(5) 
Safeguard the alarm system controls in order to prevent others from manually activating the 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 an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated.
(Ordinance 8726, § 1, adopted 11/16/2006)
A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3) or more alarms within a twenty-four-hour period, shall manually reset the system.
(Ordinance 8726, § 1, adopted 11/16/2006)
A permit holder or person 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, or is not licensed by the appropriate state agency.
(Ordinance 8726, § 1, adopted 11/16/2006)
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1) 
Make notification by a human operator only after attempting to call the permit holder or person in control of premises a minimum of two times utilizing different phone numbers prior to reporting the alarm response to the police department.
(2) 
Report alarms only on special trunk lines designated by the chief;
(3) 
Communicate alarm notifications to the city in a manner and form designated by the chief.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
Record-keeping.
(1) 
A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to whom an alarm system was sold, leased, installed, or otherwise distributed, as well as the date of such transactions.
(2) 
Said alarm businesses or persons shall make said records available during regular business hours to the chief or his designee for inspection. The express purpose of this section is to assure that alarm system users are in compliance with this chapter, and not to regulate in any manner any person engaged in the alarm business.
(b) 
Duties of alarm company.
(1) 
On the installation or activation of an alarm system, an alarm system company shall distribute to the occupant the alarm system location information summarizing:
a. 
The applicable state law and municipal ordinance relating to false alarms, including this chapter and the potential for penalties and revocation or suspension of a permit;
b. 
How to prevent false alarms; and
c. 
How to operate the alarm system.
(2) 
An alarm system company shall notify the municipality in which the alarm system is located of an installation or activation of an alarm system not later than the thirtieth day after the date of the installation or activation. The alarm system company shall provide to the municipality:
a. 
The alarm system company name;
b. 
The alarm system company license number;
c. 
The name of the occupant of the alarm system location;
d. 
The address of the alarm system location; and
e. 
The date of installation or activation.
(Ordinance 8726, § 1, adopted 11/16/2006)
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 police department or the city and then transmit any prerecorded message or signal.
(Ordinance 8726, § 1, adopted 11/16/2006)
A permit holder or 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 need not be included in these instructions.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
Emergency personnel responding to a dispatch resulting from an alarm system 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) 
Time dispatched, arrived, and cleared;
(4) 
Time of day, date;
(5) 
Weather conditions; and
(6) 
Name of permit holder's representative on the premises, if any.
(b) 
Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm.
(Ordinance 8726, § 1, adopted 11/16/2006)
If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures 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. Notice of the conference will be mailed to the permit holder at least ten (10) days prior to the date of the conference.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
Except as provided in subsection (b), the holder of an alarm permit shall pay a service fee of fifty dollars ($50.00) for each false alarm notification emitted from an alarm site that is in excess of three (3) but fewer than six (6); seventy-five dollars ($75.00) for more than five (5) but less than eight (8); one hundred dollars ($100.00) for eight (8) or more false alarm notifications during any twelve (12) months. If the holder of the alarm permit disputes the false alarm finding, the holder may contact the chief to dispute the finding within ten days after notice of the service fee was mailed.
(b) 
If a person notifies the chief and applies for an alarm permit before the installation of a new alarm system, no service fee will be assessed during the first fifteen (15) days after installation, and false alarm notifications during that period will not be counted in determining when a service fee will be assessed.
(Ordinance 8726, § 1, adopted 11/16/2006)
The chief may revoke an alarm permit if he determines that:
(1) 
There is any violation of this chapter;
(2) 
There is a false statement of a material matter in the application for a permit.
(3) 
An alarm system has generated in excess of twelve (12) false alarms during any twelve-month period;
(4) 
The permit holder has failed to make payment of any fees assessed under this chapter within thirty (30) days of the assessment; or
(5) 
Failure to attend the conference provided for in section 9-15.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
If the chief refuses to issue or renew a permit, or revokes a permit, applicant or permit holder shall be notified of the action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager or designee by written request for a hearing setting forth the reason for the appeal, within ten (10) days after receipt of the notice of the chief. The filing of a request for a hearing with the city manager or designee stays the action of the chief as to the denial of a permit or the revocation of a permit until the city manager or designee makes a final decision. If a request for a hearing is not made within the ten day period, the action of the chief is final.
(b) 
The city manager or designee shall serve as hearing officer at the hearing, and consider evidence by any interested person. The formal rules of evidence do not apply at the hearing; the hearing officer shall make a decision on the basis of a preponderance of the evidence present within thirty (30) days after the request for a 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 within the city.
(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 associations criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership, or other association, within the scope of this employment.
(Ordinance 8726, § 1, adopted 11/16/2006)
(a) 
Should an alarm system user or his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including the required permit fees.
(b) 
The applicant shall also submit satisfactory proof of compliance with the chapter.
(Ordinance 8726, § 1, adopted 11/16/2006)
All information provided by a permit holder pursuant to this chapter shall be confidential to the extent possible under state or federal law and shall be utilized solely by the City of Irving; provided that said information shall be available to the permit holder.
(Ordinance 8726, § 1, adopted 11/16/2006)
The United States government, the State of Texas, or any county government or school district situated within the corporate city limits of the City of Irving shall comply with the requirements of this chapter; provided however, that they shall be exempt from the payment of fees.
(Ordinance 8726, § 1, adopted 11/16/2006)
Any person in violation of any provision of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day shall constitute a separate offense.
(Ordinance 8726, § 1, adopted 11/16/2006)