(a) 
The purpose of this article is to protect the emergency services of the city police department and fire department from misuse and to provide standards and regulations applicable to security alarm and fire alarm systems, alarm agents and alarm users, as defined in this article.
(b) 
This article governs security alarm systems in operation within the corporate limits of the city, requires permits, establishes fee schedules, provides for revocation of permits, provides penalties for violations, prohibits certain interconnections and automatic dialing practices and establishes a system of administration.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm coordinator
means that individual designated by the chief of police to enforce the provisions in this article.
Alarm protective service
means any service involving the installation, servicing, repair, maintenance, sale, replacement or response to an alarm system. The term "alarm protective service" does not include any person engaged solely in the sale of alarm systems designed to cause an audible and/or visual signal to be emitted only in or on the premises in which the system is installed.
Alarm site
means a single premises or location (one street address) served by an alarm system that is under the control of one owner or operator.
Alarm system.
(1) 
The term "alarm system" means any assembly of equipment or devices, mechanical or electrical, arranged to signal by sound or other means of communication the occurrence of a hazard requiring urgent attention and to which police or fire department personnel are expected to respond. The term "alarm system" includes the terms "automatic holdup alarm system," "burglar alarm system," "holdup alarm system," "manual holdup alarm system," "robbery alarm system" and "fire alarm system" and also includes any audible sirens that can be heard by a person not at the alarm site.
(2) 
The term "alarm system" does not include the following:
a. 
An alarm system installed on a motor vehicle, unless the vehicle is permanently located at a site;
b. 
An alarm system designed to alert only the inhabitants of the premises served by the alarm system;
c. 
An alarm system installed upon premises occupied by the United States government, the state or any governmental entity.
Alarm system permit
means a certificate issued by the city to an alarm system user which authorizes the operation of an alarm system at an alarm site.
Alarm system user
means the owner, agent or person in control of any building, structure or facility where an alarm system is maintained.
Automatic dialing device
means 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 an emergency situation that the alarm system is designed to detect and the need for an emergency response.
Automatic holdup alarm system
means an alarm system in which the signal transmission is initiated by the action of a robber.
Burglar alarm
means an alarm system signaling an entry or attempted entry into the area protected by the alarm system.
City
means the City of Harlingen, Texas.
False alarm.
(1) 
The term "false alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the alarm system user or any other activation to which a police officer or firefighter responds and finds no evidence of an emergency for which the alarm system was designed to give notice.
(2) 
The term "false alarm" does not mean:
a. 
An activation of an alarm system which is caused by hurricanes, tornadoes, earthquakes, or other acts of God.
b. 
An activation of an alarm system to which the response by the police department or fire department is canceled by either the alarm protective service or the alarm system user prior to the arrival of a responding police officer or firefighter at the property on which the alarm system initiating the response is located.
c. 
An activation of an alarm system which is caused by war or terrorist attack.
Fire alarm
means an alarm system signaling the occurrence of a fire or fire-related activity at a location protected by the alarm system.
Fire alarm system
means any assembly of equipment, mechanical or electrical, arranged to signal by sound or other means of communication the presence of smoke or fire, requiring urgent attention to which the fire department is expected to respond. Excluded from this definition are alarms designed to alert only the inhabitants of a premises and not the fire department.
Fire department
means the fire department of the city or any authorized agent thereof.
Holdup alarm system
means an alarm system signaling a robbery or attempted robbery.
Interconnect
means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone line to transmit a message upon the activation of the alarm system.
Manual holdup alarm system
means any alarm system in which the signal transmission is initiated by a direct action of the person attacked or by an observer of the attack.
Medical alarm
means an alarm system signaling the occurrence of a medical or medical related occurrence.
Permit holder
means any person to whom an alarm system permit has been issued.
Person
means any person, firm, partnership, association, corporation, company or organization of any kind.
Police or police department
means the police department of the city or any authorized agents thereof.
Police chief
means the chief of police of the city or his designated representative.
Public safety communications center
means the city facility used to receive emergency and general information from the public to be dispatched to respective police or fire department officials for response.
Robbery alarm system
means an alarm system signaling the robbery or attempted robbery of a person at a location protected by the alarm system.
(a) 
Every security or alarm system user shall obtain an alarm system permit for each alarm system in use from the alarm coordinator's office prior to arming any such alarm device.
(b) 
An alarm system permit is required for each alarm site. A permit may cover one or more alarm systems at an alarm site.
(c) 
An application for an alarm system permit shall be made by the alarm system user on a form prescribed by the city. The application form will include at a minimum the following information:
(1) 
The name, address and telephone number of the alarm system user;
(2) 
The street address of the alarm site;
(3) 
The type of property to be protected (i.e., commercial, residential or industrial) and the type of alarm system to be installed at the site;
(4) 
Any business name or title used for the alarm site;
(5) 
Name, address and telephone number of the alarm protective service or person who will install and service the alarm system;
(6) 
Names and telephone numbers of one or more persons who are able to and have agreed to receive notification at any time from the police or fire department in order to deactivate the alarm system if it becomes necessary; and
(7) 
Any other pertinent information required by the police or fire department which is necessary for the enforcement of this article.
(d) 
The city shall issue a permit to the alarm system user upon submission of a complete application and payment of the appropriate fee, unless any statement made on the application is determined to be materially false.
(e) 
The city will treat information on alarm system permit applications for alarm systems designed to detect criminal activity as confidential.
(f) 
Any permit issued pursuant to this article is applicable only to the permit holder and is not transferable. A business that changes its name may retain the same permit, provided that the permit holder and alarm site remain the same. Any business that changes its name must notify the alarm coordinator, in writing, within 30 calendar days of the change and must provide the city an updated alarm system permit application.
(g) 
Each permit issued to an alarm system user is valid for one year or until one of the following occurs, whichever comes first:
(1) 
Control of the alarm site is transferred from the permit holder to another person or the location of the alarm site is changed;
(2) 
The permit holder voluntarily discontinues services provided by a particular alarm protective service or disconnects the alarm system; or
(3) 
The permit is revoked by the city pursuant to section 14-59.
(h) 
The annual fee for a permit issued pursuant to this article shall be established by the city council. No permit shall be issued or renewed if service fees assessed under section 14-60 remain unpaid. No burglar alarm system permit will be terminated for nonrenewal without a 30-day written notice by the city to the permittee. The annual fee for one permit for a business or commercial permit shall be as stated in the city fee schedule in chapter 18, and residential permits are exempt from permit fees. The permit shall be kept on the premises using the alarm system and shall be available for inspection by the chief of police or his designee.
(i) 
The following permit exceptions shall apply:
(1) 
Financial institutions are mandated by provisions of the Bank Protection Act of 1968 to maintain an active alarm system on the premises at all times and are not subject to permit revocation. They are, however, required to obtain an alarm user's permit and are subject to all other provisions contained in this article.
(2) 
Governmental users of alarm systems such as schools, local, state and federal agencies, etc., are required to obtain an alarm user's permit, but are exempt from payment of permit fees. They are, however, subject to all other provisions contained in this article.
(3) 
Residential alarm users of alarm systems over 65 years of age are required to obtain an alarm user's permit, but are exempt from payment of permit fees upon presenting documentation of age. Such users are, however, subject to all other provisions contained in this article.
(j) 
The alarm coordinator's office shall notify all alarm permit holders, in writing, of the impending expiration/renewal date no earlier than 60 days and no later than 30 days prior to the date of expiration. Failure to obtain a valid security or fire alarm permit initially, or upon expiration of an existing permit, shall constitute a violation.
(k) 
It is unlawful for an alarm system user to cause or permit the installation, maintenance or operation of an alarm system at an alarm site unless a permit has been issued by the city for the system.
(l) 
It is unlawful for an alarm protective service to install, maintain or operate an alarm system at an alarm site unless a permit has been issued by the city for the system.
(a) 
In addition to any penalties which may be imposed for the violation of certain provisions of this article, the city may, through the chief of police or his designee, pursuant to the provisions of this section, immediately revoke the permit of an alarm system user on any of the following grounds:
(1) 
Fraud or misrepresentation or false statement made in application for the alarm system permit;
(2) 
Failure of the alarm system user to modify the alarm system to transmit only one alarm signal and not transmit subsequent alarm signals without first being manually reset at the alarm site;
(3) 
Failure by the alarm system user, upon being notified that his alarm system has been activated, to immediately send himself or his designee to the location where such alarm is installed; provided, however, that the alarm system user or designee may authorize the police department or fire department to abandon the premises after cursory inspection by the police department or fire department indicates no illegal or fire related activity is occurring or has occurred;
(4) 
Failure to pay alarm system permit fees set out in section 14-58;
(5) 
The permit holder has violated any section of this article;
(6) 
The permit holder causes or permits any intentional activation of an alarm system for the purpose of testing the response by the police or fire department; or
(7) 
The permit holder has failed to make timely payment of a service fee assessed under section 14-60.
(b) 
If the chief of police or his designee revokes an alarm system permit, a written notice of the revocation shall be sent to the permit holder by certified mail, return receipt requested, and instructions on the permit holders right to appeal.
(c) 
It is unlawful for an alarm system user to operate an alarm system during a period in which the permit for the system is revoked.
(a) 
Each alarm system user will be allowed a maximum of three false burglary, robbery or fire alarms per alarm site, within any 12-month period, without penalty.
(b) 
Upon the occurrence of the fourth false alarm but not more than six false alarms during any 12-month period, the alarm system permit holder shall be subject to an alarm system service charge as stated in the city fee schedule in chapter 18. Any subsequent false alarms occurring in the permit year (12-month period) will result in an alarm service charge as stated in the city fee schedule in chapter 18 per incident. Each false alarm in excess of the allowable limit as provided for in this section shall be considered a separate incident.
(c) 
No alarm system permit may be revoked because of excessive alarms so long as any resultant service fees are paid in full.
(d) 
An alarm will be declared false if upon physical inspection of the alarm site by an officer of the police department or fire department there is no apparent indication of attempted or actual illegal or fire related activity having taken place or taking place, and it is determined not to have been caused by an act of God.
(e) 
The service fees pertaining to excessive alarms are applicable to this section only, and shall not affect penalty provisions as established by statute or this article in regard to other violations that may occur.
(a) 
It is unlawful for any person to program an automatic dialing device to select any primary trunk line or telephone line assigned to the public safety communications center.
(b) 
It is unlawful for any person to send an alarm signal by electronic or telephonic means to the public safety communications center that requires the urgent attention of emergency medical service equipment or personnel.
No person shall conduct any test of a security or fire alarm system designed to evoke an emergency response from the police department or fire department without first notifying the public safety communications center of his intention to conduct a test and obtaining permission from the operator.
(a) 
An alarm system permit holder may appeal the assessment of an excessive false alarm service fee to the city municipal court by filing a written request for a hearing setting forth the reasons for the appeal within ten days after the assessment of the service fee. The filing of an appeal with the municipal court stays the assessment of the service fee until the city municipal judge makes a final decision. If an appeal is not made within the ten-day period, the assessment is final.
(b) 
An alarm system permit holder may appeal the revocation of a permit to the city manager by filing with the city secretary a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of notice of the revocation from the chief of police. The filing of an appeal with the city manager stays the revocation until the city manager makes a final decision. If an appeal is not made within the ten-day period, the revocation is final.
(c) 
The city manager, or his designee, will serve as hearing officer at an appeal hearing. Formal rules of evidence do not apply, and the hearing officer will make a decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer will render a decision within 30 days after the request for an appeal hearing is filed. The hearing officer will affirm, reverse or modify the action forming the basis for the appeal. The decision of the hearing officer is final as to administrative remedies with the city.
The city shall not be under any duty or obligation to any person by reason of this article and specifically disclaims liability for any damages which may be caused by the failure of any department of the city to monitor and/or respond to an alarm notification transmitted by any means or for any damage as a result of any unreasonable delay in response to such alarm notification. A permit issued under this article does not create a contract, either express or implied, or a duty or guarantee of response by the police or fire departments. The city retains immunity from liability and suit based on a decision by the police or fire department not to respond to an activation or a permitted alarm system.
(a) 
If the individual tenant, owner or property manager of an apartment complex installs an alarm system or has an alarm system monitored in the tenant's residential unit on the premises, the tenant must provide to the alarm company monitoring the alarm system the name of a representative of the owner or property manager of the apartment complex who has keys to the tenant's residential unit.
(b) 
Each tenant shall obtain a permit from the chief of police before operating or causing the operation of the alarm system.
(c) 
For purposes of assessing service fees and enforcing this article against an individual residential unit, the tenant is responsible for payment of service fees for false alarm notification emitted from the alarm system in the tenant's residential unit.
(d) 
The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a non-residential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas.
An alarm system permit expires at the end of the calendar year from which it was issued and must be renewed annually on January 1 by submitting an updated application and a permit renewal fee to the chief of police as applicable. It is the responsibility of the permit holder to submit an application prior to the permit expiration date. All service fees and late fees assessed under this article must be paid prior to renewal of the permit.
Any alarm company engaged in the business of monitoring alarm systems shall:
(1) 
On the installation or activation of an alarm system, distribute to the occupant of the alarm system location the following information:
a. 
A copy of this article;
b. 
Information on how to prevent false alarms; and
c. 
Information on how to operate the alarm system;
(2) 
Report alarm signals only by using telephone numbers designated by the chief of police;
(3) 
Before requesting police response to an alarm signal, attempt to verify every alarm signal, except a duress or robbery alarm activation, by a telephone call to the alarm site;
(4) 
Communicate alarm notifications to the city in a manner and form determined by the chief of police; and
(5) 
On an annual basis, provide to the chief of police or his designee a report which contains the name, address, telephone number, and date of activation of all current subscribers within the city.
(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 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 15 minutes after being activated.