HomeMy WebLinkAbout1210 08-13-1996ORDINANCE NO. 1210
AN ORDINANCE AMENDING ARTICLE 11 "ALARM SYSTEMS"
OF CHAPTER 26 "EMERGENCY SERVICES" OF THE CODE
OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED,
TO IMPOSE DIFFERENT REQUIREMENTS FOR RESIDENTIAL
AND COMMERCIAL BURGLAR ALARM SYSTEMS, AND TO
IMPOSE SEPARATE REQUIREMENTS FOR COMMERCIAL
HOLD -UP ALARM SYSTEMS; ADDING NEW DEFINITIONS;
PRESCRIBING DIFFERING CONDITIONS UNDER WHICH
PENALTY FEES WILL BE ASSESSED BY THE CITY; AND
AMENDING SECTIONS 30-1 "SECURITY ALARM SYSTEM -
PERMIT FEES" AND 30-2 "SAME - FALSE SECURITY ALARM
SERVICE" TO PRESCRIBE A ONE-TIME $50.00 PERMIT FEE
FOR RESIDENTIAL BURGLAR ALARMS AND ANNUAL
$50.00 PERMIT FEES FOR COMMERCIAL ALARMS, AND TO
PRESCRIBE A $50.00 SERVICE FEE FOR EXCESS BURGLAR
FALSE ALARMS AND A $100.00 SERVICE FEE FOR EXCESS
HOLD -UP FALSE ALARMS; PROVIDING A SAVING CLAUSE,
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the use of residential and commercial burglar alarms continues to
increase within the City of Euless; and
WHEREAS, along with the increase in use of such alarms has come an increase
in false alarm notifications requiring police response; and
WHEREAS, an increasing amount of limited resources is being devoted to
responding to false alarm calls; and
WHEREAS, the City Council of the City of Euless, Texas, finds and determines
that a greater percentage of the cost of responding to such false alarm calls should
be borne by the residents and businesses which make use of such alarm systems; and
WHEREAS, the City Council further finds that the new regulations and fees
contained herein will more equitably distribute the financial burden of response to
false burglar and hold -up alarms.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1. THAT Section 26 -31 "Definitions" of Article II "ALARM SYSTEMS"
of Chapter 26 "EMERGENCY SERVICES" of the Code of Ordinances,
City of Euless, Texas, as amended, be hereby amended to include
therein the following additional definitions:
Residential Alarm means an alarm system located and installed in a
private residence, apartment, duplex, townhome or any other
residential dwelling unit, which is capable of emitting an alarm
notification.
ORDINANCE NO. 1210 PAGE 1
Commercial Alarm means an alarm system located and installed in a
commercial, business or any other non— residential structure or unit,
and capable of emitting an alarm notification.
Commercial Hold —Up Alarm means an alarm system located and
installed in commercial premises which is not triggered
automatically, but requires manual activation by an employee,
officer or agent of the business or commercial enterprise located on
the premises. It is designed and intended to indicate to law
enforcement personnel that a robbery or hold —up is in progress on the
premises, and thus is intended to generate a different response from
law enforcement authorities than a burglar alarm.
SECTION 2. THAT Subsection (a) of Section 26 -38 "SERVICE FEE" of Article II
"ALARM SYSTEMS" of Chapter 26 "EMERGENCY SERVICES" of the
Code of Ordinances, City of Euless, Texas, as amended, be hereby
amended to hereafter be and read as follows:
(a)(1) Except as otherwise provided in this Section, the holder of a
residential alarm permit shall pay a service fee, as set forth in
Chapter 30 of this Code, for each false alarm notification
emitted from the permit holder's alarm system that is in
excess of five (5) false alarms within any twelve (12) month
period.
!2) Except as otherwise provided in this Section, the holder of a
commercial alarm permit shall pay a service fee, as set forth
in Chapter 30 of this Code, for each false alarm notification
emitted from the permit holder's alarm system that is in
excess of twelve (12) false alarms within any twelve (12) month
period.
(3) Except as otherwise provided in this Section, the holder of a
commercial hold —up alarm permit shall pay a service fee, as
set forth in Chapter 30 of this Code, for each false alarm
notification emitted from the permit holder's hold —up alarm
system in excess of three (3) false alarms within any twelve
(12) month period.
SECTION 3. THAT Subsection (d)(4) of Section 26 -61 "REQUIRED; FEE;
APPLICATION; TRANSFERABILITY; FALSE STATEMENTS." of
Division 2 "PERMIT" of Article U "ALARM SYSTEMS" of Chapter 26
"EMERGENCY SERVICES" of the Code of Ordinances, City of
Euless, Texas, as amended, be hereby amended to hereafter be and
read as follows:
ORDINANCE NO. 1210 PAGE 2
(d) Each permit application must contain the following
information"
(4) Classification of the alarm site as either residential
or commercial and, if commercial, classification of
the alarm system as a burglar alarm or a hold -up
alarm.
+ + ++
SECTION 4. THAT Section 30 -1 "SECURITY ALARM SYSTEM - PERMIT FEES"
of Chapter 30 "FEES" of the Code of Ordinances, City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as
follows:
SEC. 30 -1. ALARM SYSTEMS - PERMIT FEES.
Residential alarm permit - one time fee $50.00
Commercial alarm permit - annual fee $50.00
Commercial hold -up alarm permit - annual fee $50.00
SECTION 5. THAT Section 30 -2 "SAME - FALSE SECURITY ALARM SERVICE"
of Chapter 30 "FEES" of the Code of Ordinances, City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as
follows:
Sec. 30 -2. EXCESS FALSE ALARM FEES - PER CALL.
Residential alarm permit $50.00
Commercial alarm permit $50.00
Commercial hold -up alarm permit $100.00
SECTION 6. SEVERABILITY CLAUSE.
That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 7. SAVING CLAUSE.
That Chapters 26 and 30 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
ORDINANCE NO 1210 PAGE 3
SECTION 8. EFFECTIVE DATE.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 13th c y of August 1996; by a vote
of 6 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary LibfSaleh, Mayor
ATTEST:
O
n rim, C� C, ity Secretary
APP OVE S T FORM•
_ l
ob McFarland, City Attorney
63eullib/bh/072396
ORDINANCE NO. 1210 PAGE 4