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ORD 1989-30 - Alarm System Users, Requires Permit 10-10-1989• 5 • tr 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. 0 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. 0 0 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. 0 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. 0 0 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. 0 o 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. • 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 O THE CITY OF HUNTSVILLE Monday, ayor