ORD 1989-30 - Alarm System Users, Requires Permit 10-10-1989• 5
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ORDINANCE NO. 89 -30
AN ORDINANCE CREATING A NEW CHAPTER 18, "EMERGENCY REPORTING
EQUIPMENT AND PROCEDURES ", OF THE CITY OF HUNTSVILLE CODE OF
ORDINANCES, PROVIDING DEFINITIONS; REQUIRING PERMITS FOR ALARM
SYSTEM USERS; PROVIDING FOR A PERMIT FEE; PROVIDING FOR REVOCATION
OF PERMITS; REQUIRING MAINTENANCE OF ALARM SYSTEMS; REGULATING
ALARM REPORTING AND OPERATION; PROVIDING SERVICE FEES FOR ALARM
NOTIFICATIONS; PROVIDING FOR REVOCATION AND DENIAL OF PERMITS;
EXEMPTING GOVERNMENTAL ENTITIES FROM THE PROVISIONS OF THIS ACT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
UP TO $200.00 PER DAY; PROVIDING FOR PUBLICATION; AND NAMING AN
EFFECTIVE DATE.
Whereas over ten percent of all the police service calls presently being made
by the Huntsville Police Department are due to alarm systems; and
Whereas over 99% of these calls are false alarms; and
Whereas these calls to false alarms burden the City's ability to provide
effective police service to the community; and
Whereas the City could provide better police service to alarm users if the
alarm users comply with certain operational guidelines; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1: That a new Chapter 18 is hereby added to the Code of Ordinances of
the City of Huntsville, Texas, as amended, which chapter shall read as
follows:
CHAPTER 18
EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
Sec. 1. Definitions.
Sec. 2. Permit required.
Sec. 3. Form of application.
Sec. 4. Transferability; false statements.
Sec. 5. Permit duration and renewal.
Sec. 6. Proper alarm system operation and maintenance.
Sec. 7. Audible or local broadcast alarms.
Sec. 8. Indirect alarm reporting.
Sec. 9. Direct alarm reporting; automatic alarm notification
prohibited.
Sec. 10. Alarm system operating instructions.
Sec. 11. Alarm dispatch records.
Sec. 12. System performance reviews and consultations.
Sec. 13. Inspection; re- inspection fee.
Sec. 14. Revocation of permit.
Sec. 15. Appeal from administrative sanction or denial or
revocation of permit.
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Sec. 16. Other central alarm installation users.
Sec. 17. Central alarm user charges.
Sec. 18. Testing; other violations.
SEC. 18-1. DEFINITIONS.
In this chapter:
(a) 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 police or fire services of the City, including, but
not limited to, local broadcast alarms. Alarm system does not include:
(1) an alarm installed on a vehicle unless the vehicle is
permanently located at a site; or
(2) an alarm designed to alert only the inhabitants of a
premises which does not have a local broadcast alarm.
(b) ALARM NOTIFICATION means a notification intended to summon
the police that 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 premise or location (one street
address) served by an alarm system or systems that are under the control
of one owner.
(d) AUTOMATIC ALARM NOTIFICATION means an alarm notification
sent over telephone lines, by direct connection or otherwise, by a
prerecorded voice message, synthesized voice message, or coded signal
indicating the existence of the emergency situation that the alarm
system is designated to detect.
(e) CHIEF means the Chief of Police of the City or his
authorized 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) LOCAL BROADCAST ALARM means an alarm system that emits a
signal at an alarm site that is audible or visible from the exterior of
a structure.
(h) PERMIT HOLDER means the person designated in the application
as required in Subsection 18-2 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.
(i) PERSON means an individual, corporation, partnership,
association, organization or similar entity.
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SEC. 18.2 PERMIT REQUIRED.
(a) A person commits an offense if he intentionally or knowingly
operates or causes to be operated an alarm system without an alarm
permit issued by the chief. A separate permit is required at each alarm
site.
(b) It is a defense to prosecution under subsection (a) that the
person obtain a permit to operate the alarm system within thirty (30)
days of an alarm notification.
(c) No fee shall be charged for the issuance of each permit.
(d) Upon receipt of a completed application form, the chief
shall issue an alarm permit to an applicant unless the applicant has
failed to pay a fee assessed under Section 18 -13, or has had an alarm
permit for the alarm site revoked and the violation causing the
revocation has not been corrected.
SEC. 18 -3. FORM OF APPLICATION
Each permit application must contain the following information:
(a) the name, address, and telephone number of the permit holder
who will be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this chapter;
(b) the names and telephone numbers of an alarm system permit
holder or of two persons who are able to and have agreed to:
(1) receive notification at anytime;
(2) come to the alarm site within one hour after receiving
a request to do so from the police department; and
(3) grant access to the alarm site and to de- activate the
alarm system, if necessary;
(c) classification of the alarm site as either residential or
commercial;
(d) for each alarm system located at the alarm site the purpose
of the alarm system, i.e. burglary, robbery, or personal hostage; and
(e) other information required by the chief which is necessary
for the enforcement of this chapter.
SEC. 18 -4. TRANSFERABILITY; FALSE STATEMENTS.
(a) 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.
(b) An alarm permit cannot be transferred 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 business days. No fee will be assessed
for such changes.
(c) 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 permitting requirements of this chapter. Cancellation may be
accomplished by returning the permit to the chief.
(d) All fees owed by an applicant must be paid before a permit
may be issued or renewed.
SEC. 18-5. PERMIT DURATION AND RENEWAL.
A permit is issued for one year and must be renewed every year
upon submission of an updated application. It is the responsibility of
the permit holder to submit an application prior to the permit
expiration date. The chief shall determine the first expiration date of
the permit.
SEC. 18-6. PROPER ALARM SYSTEM OPERATION AND MAINTENANCE.
A permit holder or person in control of an alarm system shall:
(a) maintain the premises containing an alarm system in a manner
that insures proper operation of the alarm system;
(b) maintain the alarm system in a manner that will minimize
false alarm notifications;
(c) respond or cause a representative to respond within a
reasonable period of time, not to exceed one hour, when notified by the
City to repair or deactivate a malfunctioning alarm system or to provide
access to the premises or to provide security for the premises, if
necessary;
(d) not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report; and
(e) notify the police department prior to activation of an alarm
for maintenance purposes.
SEC 18-7. AUDIBLE OR LOCAL BROADCAST ALARMS.
(a) A permit holder or person in control of an alarm system that
utilizes a local broadcast alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that upon activation an alarm signal shall
broadcast for no longer than 30 minutes after being activated.
(b) A permit holder or person in control of an alarm system that
utilizes a local broadcast alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that upon activation the local alarm will
not transmit another alarm signal without first being manually reset.
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SEC. 18-8. INDIRECT ALARM REPORTING.
(a) A person who is engaged in the business of relaying alarm
notifications to the City shall:
(1) communicate alarm notifications to the City in a
manner and form determined by the chief;
(2) comply with the requirements of this chapter; and
(3) be licensed by the Texas Board of Private
Investigators and Private Security Agencies.
(b) A person who is a permit holder commits an offense if he
intentionally or knowingly allows alarm signals to be reported through a
relaying intermediary that is not licensed to provide such service.
SEC. 18-9. DIRECT ALARM REPORTING; AUTOMATIC ALARM NOTIFICATION
PROHIBITED.
An alarm system which transmits automatic alarm notifications
directly to the police or fire department on any line other than a line
designated by the chief for such calls shall be prohibited.
SEC. 18-10. ALARM SYSTEM OPERATING INSTRUCTIONS.
A permit holder shall maintain at each alarm site a complete set
of written operating instructions for each alarm system. Special codes,
combinations, or passwords must be included in these instructions.
SEC. 18-11. ALARM DISPATCH RECORDS.
(a) The police dispatcher receiving the alarm notification
and/or the police officer responding to a dispatch resulting from a
burglary, personal hostage or robbery alarm notification shall cause to
be recorded in the police information systems 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) dispatcher received time, dispatch time and arrival
time;
(4) date of occurrence; and
(5) the name of permit holder's representative on
premises, if any.
(b) The responding police officer shall prepare and submit the
appropriate reports in regard to any criminal offenses, attempted
offenses or other incidents which contributed to the alarm notification
as determined by investigation.
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SEC 18 -12. SYSTEM PERFORMANCE REVIEWS AND CONSULTATIONS.
(a) If there is reason to believe that an alarm system is not
being used or maintained in a manner that insures proper operation and
suppresses false alarms, the chief may require a conference with an
alarm permit holder to review circumstances of each false alarm.
(b) If there is reason to believe that a false alarm
notification is the result of circumstances beyond the reasonable
control of the permit holder, the permit holder or the permit holder's
representative may request a conference with the chief.
SEC. 18 -13. INSPECTION; RE- INSPECTION FEE.
(a) Except as provided in Subsections (b), (c) and (d) below,
the holder of an alarm permit shall pay a fee for each alarm
notification emitted from an alarm system as follows:
(1) the first five false alarms in any calendar year, $0;
(2) the next five false alarms in that calendar year, $10
each;
(3) all false alarms over 10 in any calendar year, $30
each.
(b) If a person notifies the chief and applies for an alarm permit
before a new alarm system is put into service, no fee will be assessed during
the first 60 days after the system is put into service, and alarm
notifications during that period will not be counted in determining when an
inspection 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 an inspection fee
will be assessed.
(d) An alarm notification will not be counted in determining when a
inspection fee will be assessed if the permittee can prove that the alarm
notification was the result of a severe weather condition, such as a tornado
or hurricane or other weather condition that causes physical damage to the
alarm site, or the result of a malfunction in the operation of telephone lines
for the transmission of alarm signals. Proof of the malfunction in the
operation of telephone lines must be documented in the form of telephone
company work orders or time stamped records from the alarm company showing the
periods of interrupted service.
(e) The chief shall notify in writing an alarm permit holder of the
fee for each inspection call and how the call was classified.
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SEC. 18 -14. REVOCATION OF PERMIT.
An alarm permit may be revoked by the chief if he determines that:
(1) there is a false statement of a material matter in the
application for a permit;
(2) the permit holder has violated Sec. 18 -2, 18 -4, 18 -5,
18 -6, 18 -7, 18 -8, or 18 -9;
(3) the permit holder has failed to make payment of a fee
assessed under Sec. 18 -13 within thirty (30) days of receiving
notice to do so;
(4) an alarm system generates an excessive number of false
alarm notifications in any twelve consecutive month period. An
excessive number shall be presumed to be thirty -six (36).
SEC. 18 -15. APPEAL FROM ADMINISTRATIVE SANCTION OR DENIAL OR REVOCATION
OF PERMIT.
(a) The applicant or permit holder may appeal the decision of
the chief to revoke a permit or any fee determination to the City
Manager by filing with the City Manager a written request for a hearing,
setting forth the reasons for the appeal, within 15 days after receipt
of the notice of the administrative decision. The filing of a request
for an appeal hearing with the City Manager or his designated
representative will stay the revocation of the permit until the appeal
decision. If a request for an appeal hearing is not made within the 15
day period, the action of the chief is final.
(b) If the chief refused to issue or renew 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.
(c) The City Manager shall set a time and place for the hearing
which shall be served upon the applicant or permit holder by certified
mail, return receipt requested. 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. All parties to the hearing shall have the right to
present evidence and shall have the right of cross - examination. The
hearing officer shall make his decision on the basis of a preponderance
of the evidence within 15 days after the request for an appeal hearing
is filed. The time for hearing an appeal may be extended by agreement
of the parties. 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. Any appeal from the
decision of the hearing officer shall be under the substantial evidence
rules.
(d) Notice of the chief's actions shall be presumed to have been
properly given and received if such nature has been sent in writing,
certified mail, to the last known mailing address of the permit holder.
SEC. 18-16. OTHER CENTRAL ALARM INSTALLATION USERS.
(a) Financial institutions required to have an alarm system
pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C.
Section 1882) and other persons desiring to use a direct signal alarm
system 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 installation must be
accomplished at the central alarm installation user's expense.
(b) 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 properly,
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 user.
(c) The user, at its expense, shall make arrangements to provide
service for the alarm system at the request of the user or the chief.
In no event shall the City become liable for charges for repairs and
maintenance.
(d) The user may cancel its agreement with the City at any time
by giving the City ten (10) days notice, and at its own expense, remove
its equipment and indicators from the monitor panel in the
communications center.
(e) A user may report burglaries and robberies by transmission
through an alarm reporting service using a special trunkline designated
by the chief.
SEC. 18-17. CENTRAL ALARM USER CHARGES.
There is levied, and the chief shall collect, a monthly fee of
$25.00 for the use of the central alarm installation located in the
communications center which is monitored by the City.
SEC. 18-18. TESTING; OTHER VIOLATIONS.
(a) A person commits an offense if, without prior written
consent of the chief, he tests or demonstrates the alarm system and
transmits or causes to be transmitted an emergency message to the police
department.
(b) A person commits an offense if he knowingly or recklessly
fails to repair an alarm permitted under this chapter.
(c) A person commits an offense if he knowingly or recklessly
fails to attend the scene of an alarm activation within the time period
set forth herein after actual notice has been given to the person
designated to enter and control such premises.
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SECTION 2: Any person, firm, or corporation violating any provisions of this
Ordinance or failing to comply with any requirement of this Ordinance
will be guilty of a misdemeanor and subject to a fine of up to two
hundred dollars ($200.00) upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this Ordinance or non - compliance with any requirement of this
Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a distinct
and separate offense.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of
the Ordinance for any reason shall be held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
SECTION 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this Ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
SECTION 5: The City Secretary is hereby directed to cause the caption of this
Ordinance to be published at least twice within ten (10) days of final
passage. This Ordinance shall take effect sixty (60) days after the
date of final passage.
PASSED AND APPROVED THIS
ATTEST:
day of (9)02 gft.i , 1989.
h DeShaw, ity Sec etary
APPROVED AS TO FORM:
/Il
Scott B unds, City Attorney
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THE CITY OF HUNTSVILLE
Monday, ayor