The following definitions shall apply in the interpretation and enforcement of this chapter and shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALARM ADMINISTRATOR.
The City Manager and not a police officer or a firefighter of the city.
ALARM SITE.
A premises or location serviced by an alarm system.
ALARM SYSTEM.
A device or system that transmits or relays a signal intended to summon police, fire, medical or other emergency services of the city, as illustrated by, but not limited to, local alarms. "Alarm system" does not include:
(1) 
An alarm carried by a person or installed on a vehicle, unless the vehicle is permanently installed at the site and is used for a habitation;
(2) 
An alarm designed to alert only the occupants of the alarm site; or
(3) 
An alarm installed upon premises occupied or used by the city.
ALARM USER.
Any person who uses, operates, or causes to be used or operated an alarm system in the city.
BURGLAR ALARM NOTIFICATION.
The notification intended to summon the police, which is initiated or triggered manually or by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion.
DIRECTOR.
The Chief of Police or Fire Chief.
EMERGENCY MEDICAL ASSISTANCE ALARM.
An alarm system which is intended to summon emergency medical assistance.
FIRE ALARM NOTIFICATION.
Notification to summon the Fire Department initiated or triggered manually or by an alarm system designed to respond to smoke, fire or other stimulus characteristic of fire.
FALSE BURGLAR ALARM NOTIFICATION.
A burglar alarm notification from a site at which the responding police officer, after an inspection of the interior or exterior of the premises, finds no evidence of unauthorized intrusion or attempted unauthorized intrusion, and the response by the police officer is made within 30 minutes of the alarm notification.
FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION.
An emergency medical assistance alarm notification from a site at which the responding public safety personnel find there is no evidence of need for medical assistance.
FALSE FIRE ALARM NOTIFICATION.
A fire alarm notification from a site at which the responding fire personnel find no evidence of fire.
FALSE ROBBERY ALARM NOTIFICATION.
A robbery alarm notification from a site at which the responding police officer finds no evidence of a robbery.
LOCAL ALARM.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and has as its primary purpose the summoning of aid from a city department.
ROBBERY ALARM NOTIFICATION.
A notification by means of an alarm system designed to be purposely activated by a human to summon the police when a robbery occurs.
(Ord. 2001-19, 6-12-2001)
(A) 
An alarm user shall:
(1) 
Cause an adjustment to be made to the sensory mechanisms of an alarm system so that the alarm system will not be activated by forces unrelated to actual unauthorized intrusions or emergencies.
(2) 
Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system.
(3) 
Comply with applicable Underwriters Laboratories restrictions or guidelines with reference to the alarm system or alarm equipment.
(4) 
Adjust the mechanism so that an alarm signal will sound for not longer than or 15 minutes after being activated for systems operating under Underwriters Laboratories, Inc. standards 365 or 609, or ten minutes after being activated for all other systems.
(5) 
Provide personnel who will, within 30 minutes after being notified, reset the alarm system and provide access to the premises. Nothing herein shall be construed to limit or prevent the authority of public safety personnel to forcibly enter a premises when authorized by law.
(6) 
Maintain at the alarm site a complete set of legible written operating instructions for each alarm system installed at that site.
(B) 
If the alarm user, or his or her designee, fails to respond to the alarm site within 30 minutes to reset the alarm system and provide access to the premises, a fee will be assessed to the alarm user in the manner set forth in § 99.06, in addition to the actual expenses incurred in securing the premises and any other fees authorized by this chapter.
(Ord. 2001-19, 6-12-2001)
A person in control of a local alarm or an alarm system that causes an alarm notification to be sent directly to city personnel shall adjust or cause the adjustment of the mechanism so that upon activation of the system, the system will transmit only one alarm signal and will not transmit another alarm signal without first being manually reset.
(Ord. 2001-19, 6-12-2001)
Upon reasonable notification, the Alarm Administrator or the Director may inspect an alarm site, alarm system, and written system operating instructions of an alarm user.
(Ord. 2001-19, 6-12-2001)
(A) 
The Alarm Administrator shall establish a procedure for written notification to the alarm user of a false alarm. Options include but are not limited to the responding personnel leaving a door hanger or notice at the alarm site.
(B) 
At a minimum, a notification pursuant to this section shall specify the following:
(1) 
The date and time of response to the alarm;
(2) 
The name or identification number of one or more of the responding personnel; and
(3) 
A statement urging the alarm user to ensure that the system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines.
(C) 
A failure by the Alarm Administrator to give the notice required by this section, or the failure of the alarm user to receive such notice, shall neither invalidate or impair the assessment of any fee assessed pursuant to this chapter, nor shall such failure constitute a defense to prosecution for any violation of this chapter.
(Ord. 2001-19, 6-12-2001)
(A) 
If, within any calendar year, five false burglar alarm notifications are made from an alarm site, the Alarm Administrator shall assess the alarm user at that alarm site a fee for each subsequent false burglar alarm notification made from the site during such calendar year.
(B) 
The Alarm Administrator shall not assess an alarm user for the first false robbery alarm notification emitted from the alarm site during any calendar year. The Alarm Administrator shall, subject to the provisions of this chapter, assess the alarm user for each subsequent false robbery alarm made from the site during such calendar year.
(C) 
If, within any calendar year, two false fire alarm notifications are made from an alarm site, the Alarm Administrator shall assess the alarm user at that alarm site a fee for each subsequent false fire alarm notification emitted from the site during such calendar year.
(D) 
If, within any calendar year, two false emergency medical assistance alarm notifications are made from an alarm site, the Alarm Administrator shall assess the alarm user at that alarm site a fee for each subsequent false emergency medical assistance alarm notification made from the site during such calendar year.
(E) 
The Alarm Administrator shall send written notice to the alarm user of any fee assessed under this chapter. The notice shall be hand delivered to the alarm user, or sent by certified mail, return receipt requested, to the alarm user at the alarm user’s last known address.
(F) 
An alarm user shall pay any fee assessed under this chapter within 30 days after the date the fee is assessed.
(G) 
(1) 
No fee shall be assessed pursuant to this section, if:
(2) 
The alarm is shown by the alarm user to have been, in the Alarm Administrator's sole determination, to be the result of:
(a) 
Extreme weather conditions;
(b) 
The physical disability of a person present at the address of the false alarm that calls the false alarm activation;
(c) 
Vandalism;
(d) 
Telephone line outage; or
(e) 
Natural or man-made catastrophe.
(Ord. 2001-19, 6-12-2001; Ord. 2022-66, 11-8-2022)
(A) 
Police and Fire Department responses to alarm system notifications may be terminated if any service charge assessed pursuant to § 99.06 has not been paid and the Alarm Administrator determines, in his sole discretion, that the system in question has a history of unreliability, which unreliability shall be conclusively established if within any 12 month period the system generates:
(1) 
Six false burglar alarms; or
(2) 
Three false robbery alarms; or
(3) 
Three false fire alarms; or
(4) 
Three false medical emergency assistance alarms.
The Director shall give written notification of response termination to the owner or occupant of the premises at least 30 days prior to the effective date of response termination. Notice may be given by posting same outside the main entrance to the primary structure at the site, or by mailing same via regular and certified mail, return receipt requested, to the premises.
(B) 
Police and Fire Department responses to alarm system notifications may be reinstated upon a sufficient showing that the conditions which caused the false alarms have been corrected and if the Alarm Administrator determines that the alarm system is likely to be maintained and operated in a responsible manner in accordance with the provisions of this chapter.
(C) 
Until the system is repaired to the satisfaction of the Alarm Administrator, the Alarm Administrator may require discontinuation of service of an alarm system that, because of mechanical malfunction or faulty equipment, causes at least five false alarms of any type within a 12 month period.
(Ord. 2001-19, 6-12-2001)
(A) 
If the Alarm Administrator assesses a false alarm service charge, suspends Police or Fire Department responses to alarm system notification, or orders service of an alarm system discontinued, the Alarm Administrator shall send notice to the applicant or alarm user by certified mail, return receipt requested, setting forth the Alarm Administrator's decision and a statement of the right to an appeal on any of the grounds set forth in § 99.06(G)(2) of the Code of Ordinances. The applicant or alarm user may appeal the decision of the Alarm Administrator to the City Manager by filing with the City Secretary a written notice of appeal and request for a hearing, setting forth the reasons for the appeal, within 14 days after the notice was mailed by the Alarm Administrator. The filing of a request for appeal hearing with the City Secretary stays an action of the Alarm Administrator until the City Manager makes a final decision. If the request for an appeal hearing is not made within such 14 days period, the action of the alarm administrator is final.
(B) 
The City Manager shall conduct a hearing on the appeal and consider evidence offered by the person making the appeal. The formal rules of evidence do not apply at an appeal hearing, but the City Manager may adopt rules for the orderly conduct of the hearing and shall make a decision on the basis of the preponderance of the evidence presented at the hearing. The criteria set forth in § 99.06(G)(2) shall serve as the basis for any appeal of the assessment of a false alarm service charge. The City Manager shall render a decision on the appeal within 45 days after the hearing and, if no decision is made within that time, the decision of the Alarm Administrator shall be deemed affirmed. The City Manager may affirm, reverse or modify the action of the Alarm Administrator and the decision of the City Manager is final as to the administrative remedies of the city.
(Ord. 2001-19, 6-12-2001; Ord. 2022-66, 11-8-2022)
(A) 
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1) 
Be licensed by the Texas Board of Private Investigators and Private Security Agencies;
(2) 
Send notification of an alarm to the city by a human operator;
(3) 
Allow an inspection of the business premises by the Alarm Administrator or Director at any time;
(4) 
Report alarms only over a special telephone number, or numbers, designated by the Alarm Administrator;
(5) 
Send alarm notifications to the city in a manner and form determined by the Alarm Administrator;
(6) 
Attempt to verify every automatic alarm notification before relaying the alarm notification to the city;
(7) 
Promptly notify the city upon determining that the notification has been cancelled or does not require response by city personnel; and
(8) 
Maintain all records relating to alarm notifications relayed to the city for a period of at least one year after the date of the alarm notification, and make those records available for inspection by the Alarm Administrator or the Director upon request.
(B) 
An alarm user shall not knowingly report alarm signals through a relaying intermediary that does not meet the requirements of this chapter and any rules and regulations promulgated by the Alarm Administrator.
(Ord. 2001-19, 6-12-2001)
(A) 
A financial institution required by applicable law to have an alarm system may install, with permission of the Chief of Police, a signal line directly to the Police Department for the purpose of reporting burglaries and robberies. Such an installation, if approved, must comply with all applicable provisions of this chapter. The financial institution shall execute a letter of agreement with the city permitting the installation, at the financial institution’s expense, of all necessary equipment on an indicator panel monitored in the communications division of the Police Department.
(B) 
The financial institution, at its expense, shall provide service for the alarm system on a 24 hour basis, seven days a week. In no event shall the city become liable for service charges for repairs and maintenance to the indicator panel monitor.
(C) 
The financial institution shall pay a monthly fee for each indicator. The Chief of Police shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements. If the Chief of Police finds that the alarm system continually fails to operate or be operated to his satisfaction, he may terminate the privilege to have equipment and indicators in the communications center of the Police Department and require prompt removal of same at the expense of the financial institution.
(D) 
The financial institution may cancel its agreement with the city at any time by giving the city written notice through the Chief of Police. Upon giving such notice the institution, at its expense, shall have its equipment and indicators promptly removed from the monitor panel in the communications center.
(E) 
The Chief of Police has the right to require any change, modernization, or consolidation of financial institution alarm signaling equipment that he deems advisable. In no event shall the city become liable for such changes.
(F) 
Instead of a direct line, a financial institution may choose to report burglaries and robberies by transmission through an alarm reporting service using a telephone number designated by the Chief of Police.
(Ord. 2001-19, 6-12-2001)
To the maximum extent permitted by law, information contained in applications for appeals under this chapter shall be confidential and not subject to public disclosure. Nothing herein shall be construed to prevent the disclosure of such information as may be deemed necessary by the Alarm Administrator to provide police or emergency service to an alarm site, or to conduct a hearing on an appeal under this chapter.
(Ord. 2001-19, 6-12-2001)
All fees established or permitted pursuant to this chapter shall be in the amounts set forth in the then-current City Fee Schedule. The Council specifically finds and determines such fees to be fair and equitable, and to represent the actual expenses incurred by the city for responding to false alarms.
(Ord. 2001-19, 6-12-2001)
(A) 
It shall be unlawful for any person to:
(1) 
Intentionally or knowingly activate or cause to be activated any alarm system except in an emergency which reasonably appears to require response by city police, fire, medical, or other emergency services;
(2) 
Use, operate, or cause to be used or operated an alarm system during a time when the Alarm Administrator has ordered that use of the system be discontinued;
(3) 
Use, operate, or cause to be used or operated an alarm system that sends more than one alarm signal to city personnel without such system first being manually reset;
(4) 
Use, operate, or cause to be used or operated an alarm system that sounds an alarm signal for longer than 15 minutes after being activated;
(5) 
Refuse, upon proper request by the Alarm Administrator or the Director, to allow inspection of the person’s alarm site, alarm system, or written system operating instructions for the alarm system;
(6) 
Engage in the business of relaying alarm notifications to the city without complying with § 99.09 (A); or
(7) 
Intentionally or knowingly report alarm signals through a relaying intermediary that does not meet the requirements of this chapter and any rules and regulations promulgated by the Alarm Administrator.
(B) 
It shall be unlawful for any person or business to use, operate or energize an alarm system or alarm device which activates an automatic dialing device which sends a signal to the city Police Department or Fire Department except with the written approval of the Chief of Police and the Fire Marshall.
(Ord. 2001-19, 6-12-2001)
Alarm system fees shall be as approved by the City Council as part of the current fiscal year’s operating budget. Violators of this chapter shall pay a fee designated in the then-current Harker Heights Fee Schedule.
(Ord. 2001-19, 6-12-2001)