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HomeMy WebLinkAbout910 11-25-1986ORDINANCE NO. 910 AN ORDINANCE AMENDING THE EULESS CODE OF ORDINANCES BY THE ADDITION OF A NEW CHAPTER, "ALARM SYSTEMS ", THERETO; REQUIRING PERMITS FOR ALARM SYSTEM USERS, WITH EXCEPTIONS; PROVIDING FOR A PERMIT FEE FOR ALARM SYSTEMS USERS; REGULATING ALARM REPORTING AND OPERATIONS; PROVIDING SERVICE FEES FOR FALSE ALARM NOTIFICATION; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT AND FOR APPEALS THEREFROM; ESTABLISHING A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless has conducted a study on the financial impact upon taxpayers of false alarm calls; and WHEREAS, said study has shown the overwhelming majority of alarm calls received result from false alarms; and WHEREAS, the City Council has determined that the costs of responding to false alarm calls should be borne by alarm system owners rather than by all taxpayers in the City; and WHEREAS, the number of false alarm calls are increasing, and will in all probability continue to increase; and WHEREAS, false alarm incidents in which an audible signal is emitted from the premises are a source of unnecessary annoyance to citizens in the vicinity; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Sec. 1 THAT the Code of Ordinances of the City of Euless, Texas be amended by adding thereto a new Chapter which shall hereafter be and read as follows: "CHAPTER " ALARM SYSTEMS Section. 1. Definitions. (a) Alarm System means a device or system that emits, transmits or relays a signal intended to summon, or that would Page 1 reasonably be expected to summon policy services of the city, including, but not limited to a system that emits a signal that is audible or visible from the exterior of a structure. Alarm system does not include: (1) an alarm installed on a vehicle unless the vehicle is permanently located at a site; (2) an alarm designed to alert only the inhabitants of a premise which does not have a broadcast alarm. (b) Alarm Notification means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. (c) Alarm Site means a single premises or location (one street address) served by an alarm system or systems that are under the control of one owner. (d) Broadcast Alarm mean an alarm system that emits a signal at the alarm site that is audible and /or visible from the exterior of a structure. (e) Chief means the Chief of Police of the City of Euless or his designated representative. (f) False Alarm Notification means an alarm notification to the police department, when the responding officer finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or an attempt to take a person hostage. (g) Permit Holder means the person designated in the application as required herein who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and payment of fees. (h) Person means an individual, corporation, partnership, association, organization or similar entity. Section 2. Permit Required; Fee; Application; Transferability; False Statements. (a) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the Chief of Police. A separate permit is Page 2 of 10, Ordinance No. 910 required for each alarm site. (b) A fee of Twenty Dollars ($25.00) shall be charged for the issuance each permit and each alarm system installed at an alarm site from and after the effective date of this ordinance and for each alarm system operable on the effective date hereof and for which a valid permit has not been issued by the implementation date applicable to such system provided in section 14 hereof. (c) Upon receipt of a completed application form and the required fee, the Chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under Section 10 or an alarm permit for the same address has been 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 number of the permit holder or person who will be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this Chapter; (2) Address of the location of the alarm site; (3) A description by brand and general type of the alarm system stating the manner in which the alarm will be given, and if the alarm is to be transmitted to a central office, the name, address and telephone number of the operator of the central office; (4) Classification of the alarm site as either residential or commercial; (5) Other information required by the Chief which is necessary for the enforcement of this Chapter. (e) If the applicant is an individual, the application shall be subscribed and sworn to by such person. If the applicant is an individual and does not reside, operate any business or is not employed within the State, or in the event the applicant is a firm or partnership and no owner or general partner resides, operates a business or is employed within the State, then the application must also be subscribed and sworn to by the individual having the authority and responsibility for the management and operations of the alarm site within the State. If the applicant is a corporation, the application Page 3 of 10, Ordinance No. 910 shall be subscribed and sworn to by at least one principal corporate officer. If the applicant is a corporation and none of its principal corporate officers are responsible for the management and the operations of the alarm site within the State, the application shall also be subscribed and sworn to by the individual having the authority and responsibility for the management and operations of the alarm site within the State. (f) The application shall include the following information for each individual required to subscribe and swear to it: (1) The individual's full name, business address, and residence address; (2). The individual's residence and business telephone number. (g) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit. (h) An alarm permit cannot be transferred to another alarm system or to another permit holder except by authorization of the Chief. A permit holder shall inform the Chief of any change that alters any information listed on the permit application within two (2) business days. No fee will be assessed for such changes. (i) A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which otherwise ceases to come under the permit requirements of this Chapter. Cancellation may be accomplished by returning the permit to the Chief. (j) All fees owed by an applicant under this Chapter must be paid before a permit may be issued or renewed. Section 3. Proper Alarm System Operation and Maintenance. (a) A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that assures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will minimize false alarm notification; Page 4 of 10, Ordinance No. 910 (3) Respond to or cause a representative to respond within a reasonable period of time, which period shall be designated at the time, when requested by the City to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises; (4) Not manually activate an alarm for any reason other than the occurrence of an event that the alarm system was intended to report; and (5) Notify the police department prior to activating an alarm for maintenance purposes. Section 4. Alarm Activation Limitation and Reset Requirement. A permit holder shall not utilize any alarm system which causes an audible signal to be emitted continuously or intermittently for more than thirty (30) minutes after being activated or which emits a subsequent alarm without being reset. Section 5. Indirect Alarm Reporting. (a) A person who is engaged in the business of relaying alarm notification to the city shall: (1) Communicate alarm notification to the city in a manner and form determined by the Chief; (2) Comply with the requirements of this Chapter and any rules and regulations promulgated by the Chief. Section 6. Direct Alarm Reporting; Automatic Alarm Notification; Automatic Alarm Notification Prohibited. An alarm system which transmits notification directly to the communicat police department is prohibited, except currently in place on date of adoption original permit holder thereunder, or Section 9 hereof. automatic alarm ion center of the for such systems hereof and to the as authorized in Section 7. Alarm System Operating Instructions Page 5 of 10, Ordinance No. 910 A permit holder or person in control of an alarm system shall maintain a complete set of written operating instructions for each alarm system at each alarm site. Special codes, combinations, or passwords must not be included in these instructions. Section 8. Protection of Financial Institutions. (a) A financial institution required to have an alarm system pursuant to the provisions of the Hank Protection Act of 1968 (12 U.S.C., Section 1882) may install, with the permission of the Chief, a signal line directly to the police department for the purpose of reporting burglaries and robberies. If such an arrangement is made, all other requirements of this chapter must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications division of the police department. The installation must be accomplished at the institution's expense. (b) The financial institution shall pay an annual fee to be determined for each indicator. The Chief 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 finds that the alarm system continually fails to operate properly, or to be operated property, he may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment at the expense of the financial institution. (c) The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the Chief on a 24 -hour basis, seven days a week. In no event shall the city become liable for charges for repairs and maintenance. (d) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the Chief, and at its own expense, remove its equipment and indicators from the monitor panel in the communications center. (e) The Chief may require any or consolidation of alarm signaling advisable. In no event shall the charges for these changes. Page 6 of 10, Ordinance No. 910 change, modernization, equipment that he deems city become liable for (f) Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm reporting service using special equipment designated by the Chief. Section 11. Service Fee. (a) Except as otherwise provided in Subsections (b), (c), and (d) below, the holder of an alarm permit shall pay a service fee of Thirty Dollars ($30.00) for each false alarm notification emitted from any alarm system that is in excess of four (4) false alarms within any twelve (12) month period. (b) If a person notifies the Chief and applies for an alarm permit before a new alarm system is put into service, no service fee will be assessed during the first sixty (60) days after the system is put into service, and false alarm notification during that period will not be counted in determining when a service fee will be assessed. (c) If the responding police officer determines that an alarm notification was caused by unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or an attempt to take a person hostage, that notification will not be counted in determining when a service fee will be set. (d) A false alarm notification will not be counted in determining when a service fee will be assessed if the permitee can prove that the alarm notification was the result of a severe weather condition that causes physical damage to the alarm site, or the result of the malfunction of the telephone lines for the transmission of alarm signals, proof of the latter being documented upon the telephone company work orders or time stamped records from the alarm company showing the period of interrupted service. Section 10. Revocation of Permit; Appeal of Revocation or Refusal to Issue Permit. (a) The Chief shall revoke an alarm permit if he determines that: (1) There is a false statement of a material matter in the application for permit; (2) The permit holder has violated any provision of this Chapter; Page 7 of 10, Ordinance No. 910 (3) The permit holder has failed to make payment of a service fee assessed within thirty (30) days of receiving notice to do so. (b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is revoked. (c) If the Chief refuses to issue a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his 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 by filing with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of the notice from the Chief. The filing of a request for an appeal hearing with the City Manager stays an action of the Chief in revoking a permit until the City Manager or his designated representative makes a final decision. If a request for an appeal hearing is not made within the ten day period, the action of the Chief is final. (d) The City Manager or his representative shall serve as Hearing Officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing and the Hearing Officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The Hearing Officer must render a decision within 30 days after the request for an appeal 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 with the City. Section 11. Violation; Penalty. (a) A person commits an offense if he violates by commission or omission any provision of this Chapter that imposes upon him a duty of responsibility. (b) A person who violates a provision of this Chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each violation is punishable by a fine of not less than Fifty Dollars ($50.00) or more than Two Hundred Dollars ($200.00) upon first conviction and not less than Seventy Five Dollars ($75.00) nor more than Two Hundred Dollars ($200.00) upon second and subsequent convictions. Page 8 of 10, Ordinance No. 910 (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 association criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership, or other association, and within the scope of his employment. Section 12. Exceptions. This Chapter shall not apply to alarm systems operated by local, state or federal government entitles. Section 13. System Performance Reviews. If there is a reason to believe that an alarm system is not being used or maintained in a 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. Section 14. Implementation of Chapter. (a) Beginning on April 1, 1987, this chapter amendment shall apply only to a person who operates or causes to be operated an alarm system at an alarm site other than a single family or duplex dwelling. (b) Beginning July 1, 1987, this chapter amendment shall apply to all alarm systems in the City. Section 15. Severability Clause. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. Page 9 of 10, Ordinance No. 910 Section 16. 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 at a regular meeting of the Euless City Council on the 28th day of October 1986; by a vote of 5 ayes, 0 nays and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 25th day of November 1986; by a vote of 4 ayes, 0 nays and 0 abstentions. APPROVED: ;�z'4 Harold Samuels, Mayor ATTEST: Kay Raj *y, City Secretary 0006a /sld City Euless Ordinance t Page 10 of 10, Ordinance No. 910