Chapter ALARM SYSTEMS [63]

Transcription

1 [63] (63) Editor's note Ord. No. 532, adopted Nov. 4, 1997, repealed Ord. No. 340, adopted July 19, 1983 in its entirety and adopted similar provisions as herein set out. Sec Definitions. Alarm site means a premises or location served by an alarm system. Alarm system means a device or system, including a panic button, that transmits or relays a signal intended to summon emergency service of the city, as illustrated by, but not limited to, local alarms. Alarm system does not include: (a) (b) (c) An alarm installed on a vehicle unless installed at a permanent site; An alarm designed to alert only the inhabitants of a premises; nor An alarm installed upon the premises occupied by the city. Burglar alarm notification is a 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. False alarm or report is when a person knowingly initiates, communicates, circulates, or broadcasts a report of a present, past, or future burglary, bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: (a) (b) Cause action by an official or volunteer agency organized to deal with emergencies; Place a person in fear of imminent serious bodily injury; or (c) Prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance. False burglar alarm notification means a burglar alarm notification to the police, when the responding police officer finds no evidence of unauthorized intrusion or attempted unauthorized intrusion. False fire alarm notification means a fire alarm notification to the fire department, when the responding fire department personnel find no evidence of a fire having occurred or of a need for the fire department service. False robbery alarm notification means a robbery alarm notification to the police, when the responding police officer finds no evidence of a robbery. Fire alarm notification means a notification to the fire department intended to summon fire fighting forces, which is initiated automatically or triggered manually by an alarm system designed to react to any of the fiscal or physical characteristics of fire. Page 1 of 7

2 Local alarm means 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 purpose the summoning of aid from a city department. Panic button is an alarm system which is activated by using a single button or switch which does not designate the emergency service needed. Person means an individual, corporation, partnership, association, organization or similar entity. Police chief means the Chief of Police of the City of Universal City or his authorized representative. Police department means the Police Department of the City of Universal City. Robbery alarm notification is a notification intended to summon the police by means of an alarm system designed to be purposely activated by a human when a robbery occurs. Special permit is a permit issued to an alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system. (Ord. No. 532, 1, ) Sec Permit required; application; transferability; false statements. (a) A person commits an offense if he installs, operates or causes to be operated an alarm system without first obtaining a permit from the city. A separate permit is required for each type of alarm notification capable of being emitted from each alarm site, proved that a combined fire/burglar alarm system shall require only one permit. (b) Any person with an alarm system on the effective date of this ordinance must apply for a permit within sixty (60) days after the effective date. (c) Upon receipt of the required fee and completed application form, the city shall issue a permit unless there is cause to believe the equipment responsible for initiating an alarm will not be maintained and operated in accordance with this chapter or the applicant will not comply with each provision of this chapter. (d) Each permit application must contain the name, address and telephone number of the individual or alarm user representative who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees or charges levied under this chapter. (e) An alarm permit cannot be transferred to another person. However, the individual designated to respond to an alarm or relay an alarm may be changed. A permit holder shall within five (5) business days inform the police department of any change that alters information listed on the permit application. No fee will be assessed for such changes. (f) Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm permit or renewal, or while making a change thereto, shall be sufficient cause for refusal to grant, or for suspension of, a permit. (Ord. No. 532, 2, ) Page 2 of 7

3 Sec Other types of alarms. (a) A person shall not install or maintain an alarm system except for the purpose of eliciting responses to burglaries, robberies or fires unless specifically authorized by the Chief of Police. (b) If innovations in alarm systems or other types of alarm devices adversely affect emergency services of the city, the city may promulgate rules and regulations in order to protect the city's emergency services. (c) A person shall not use or operate, or attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will, upon activation, either mechanically, electronically or by any other automatic means, initiate a telephonic or recorded message to any telephone number assigned, or any additional telephone numbers assigned, to the City of Universal City Police Department. Within thirty (30) days after the effective date of this chapter, all existing automatic dialing devices referred to above shall be reprogrammed or disconnected. (Ord. No. 532, 3, ) Sec Fee for permit; duration; renewal; late charge. (a) A nonrefundable fee of seven dollars and fifty cents ($7.50) per calendar year is required for each permit or renewal of a permit for a private residence and twenty-five dollars ($25.00) per year for a commercial establishment. All permits shall expire December thirty-first of the year of issuance and no permit shall be issued for more than one year. It is the responsibility of the permit holder to pay the renewal fee prior to expiration date. An alarm user which is a governmental political unit shall be subject to this chapter, but a permit shall be issued without payment of the fee and shall not be subject to revocation or payment of additional fees or the imposition of any penalty provided herein. (b) There shall be a late charge of twenty-five dollars ($25.00) for any permit not obtained or received within thirty (30) days of the date due. (Ord. No. 532, 4, ; Ord. No. 532-A, ) Sec Service charge. (a) If within any calendar year five (5) false burglar and/or fire and/or panic button alarm notifications are emitted from an alarm site, the city shall assess the permit holder in control of that alarm site a fifty dollar ($50.00) fee within that calendar year for the sixth and all subsequent false alarms. (b) The city shall assess the permit holder of a robbery alarm a fee of one hundred dollars ($100.00) for each false robbery alarm notification emitted from the alarm site. (c) A permit holder shall pay all fees assessed under this section within fifteen (15) days after each false alarm. Receipt of notice by the permit holder shall be presumed based on a certificate of the officer responding to the false alarm certifying that a notice of the false alarm was posted on the main entrance of the subject building and then an additional notice specifying the fee due was mailed by Certified Mail Return Receipt Requested and Regular Mail U.S. Postal Service to the permit holder at the address on the permit application. (d) The permit holder will be exempt from any fee charged for a false alarm notification which is later shown to have been justified or which was due to a natural or manmade catastrophe or other situation Page 3 of 7

4 specifically exempted by the Chief of Police. (e) All fees assessed under this section shall be due within fifteen (15) days after the false alarm generating the fee. (Ord. No. 532, 5, ; Ord. No. 532-A, ; Ord. No. 532-A-1-02, ) Sec Reporting of alarm signals through authorized agents only. A permit holder shall not report his alarm signals through a relaying intermediary that does not meet the requirements of this chapter and any rules and regulations promulgated by the city or is not licensed by the Texas Board of Private Investigators and Private Security Agencies. (Ord. No. 532, 6, ) Sec Indirect alarm reporting. A person who is engaged in the business of relaying alarm notifications to the police department shall: (1) Send notification of an alarm to the police department by a human operator; (2) Keep his business premises locked and secured at all times; (3) Allow an inspection of his business premises by the police chief, fire chief or authorized agent of the city at any time; (4) Report alarms only over a special telephone number or numbers designated by the chief of police; and (5) Send alarm notifications to the police department in a manner and form determined by the chief of police. (Ord. No. 532, 7, ) Sec Direct alarm reporting. A permit holder whose alarm system transmits automatic alarm notifications, other than alarm notifications from financial institutions, directly to the city over the normal telephone system shall: (1) Transmit in the form and content specified by the chief of police; (2) Transmit over special telephone lines designed for such use as specified by the chief of police; (3) Design his system so that it will also notify the permit holder, or his designated agent identified on the permit application, when an alarm is transmitted to the police department; (4) Furnish the police department upon request with satisfactory copies of the alarm operation procedures, maintenance procedures, and up-to-date circuit diagram of the components of the alarm system; and (5) Furnish the name, address and telephone number of an alarm company licensed by the Texas Board of Private Investigators and Private Security Agencies, responsible on a Page 4 of 7

5 twenty-four-hour, seven-day-a-week basis for correcting any malfunction that may occur. (Ord. No. 532, 8, ) Sec Protection of financial institutions. (a) A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C., Section 1882) may install, with the permission of the chief of police, 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 additional annual fee of one hundred dollars ($100.00) for each indicator. The police 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 police chief 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. (c) The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the instance of the financial institution or the chief of police on a twenty-four-hour basis, seven (7) days a week. In no event shall the city become liable for the service charges for repairs and maintenance of any such signaling device. (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, whereupon such institution, at its expense, shall have its equipment and indicators promptly removed from the monitor panel in the communications center. (e) The police chief has the right to require any change, modernization or consolidation of alarm signaling equipment that he deems advisable. In no event shall the city become liable for charges for such changes. (f) Instead of a direct line, a financial institution may instead choose to report burglaries and robberies by transmission through an alarm reporting service using a telephone number designated by the chief of police. (Ord. No. 532, 9, ) Sec Proper alarm system operation and maintenance. (a) A permit holder shall: (1) Cause an adjustment to be made to the sensory mechanism of his alarm system in order to suppress false indicators; and (2) Maintain premises containing an alarm system in a manner that insures proper operation of the alarm system. (b) A person in control of a local alarm shall: Page 5 of 7

6 (1) Adjust the mechanism so that an alarm signal will sound for no longer than thirty (30) minutes after being activated; and (2) Provide personnel, within thirty (30) minutes after being notified by the Police Department, to reset the alarm system and provide access to the premises; and (3) Display in a prominent exterior location an identification notice in the form of a 3"X5" card with typed name and twenty-four-hour telephone number to be contacted in case of emergency, placed on or adjacent to the most commonly used front entrance of the premises and must be visible and legible at all times. (Ord. No. 532, 10, ) Sec Manual reset required. A person in control of a local alarm or an alarm system that causes, an alarm notification to be sent directly to the police department shall adjust or cause the adjustment of the mechanism so that upon activation the system will transmit only one alarm signal and will not transmit another alarm signal without first being manually reset. (Ord. No. 532, 11, ) Sec Inspection. Upon reasonable notification, the police chief, or his designated representative, may inspect an alarm site and alarm system of a permit holder. (Ord. No. 532, 12, ) Sec Suspension of permit; offense to operate. (a) The chief of police may suspend or refuse to renew an alarm system permit for any violation of this chapter, including failure to pay when due any fees or charges due. (b) The chief of police shall suspend or refuse to renew an alarm permit if an alarm system generates an excessive number of false alarm notifications in a calendar year period. In each respective category, an excessive number shall be: (1) Six (6) false burglar and/or fire alarms; (2) Five (5) false robbery alarms. (c) A suspension may be lifted or permit renewed upon a sufficient showing that the conditions which caused the action have been corrected and if the chief of police determines that the alarm system is likely to be maintained and operated in a responsible manner in accordance with the provisions of this chapter. (d) A person commits an offense if he operates an alarm system during a period of suspension or after the City refuses to renew his permit. (Ord. No. 532, 13, ) Page 6 of 7

7 Sec Appeal from denial or suspension of a permit. (a) If the Chief of Police refuses to issue or renew a permit or suspends 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 of Police 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 (10) days after receipt of the notice from the Chief of Police. The filing of a request for an appeal hearing with the City Manager stays an action of the Chief of Police in suspending 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 of Police is final. (b) The City Manager or his representative shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing; 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 fifteen (15) days after the request for an appeal hearing is filed. The hearing office shall affirm, reverse or modify the action for the City and his decision is final. (Ord. No. 532, 14, ) Sec Violation; responsibility of corporations, partnerships and associations. (a) A person commits an offense if he violates by commission or omission any provisions of this chapter that imposes upon him a duty or responsibility. (b) In addition to prohibiting or requiring certain conduct on individuals, it is the intent of this chapter to hold a corporation, partnership or other association criminally responsible for acts or omission performed by an agent acting in behalf of the corporation, partnership or other association, and within the scope of his employment. (c) In order to provide a trial period to allow alarm users time to familiarize themselves with the alarm ordinance, the Chief of Police will not charge any fee for ninety (90) days after the effective date of this chapter. After that period, the Chief of Police will begin enforcing the ordinance as if it were just enacted. (Ord. No. 532, 15, ) Sec Punishment. A person who violates a provision of this chapter is guilty of a Class C Misdemeanor and separate offense for each violation and each day or portion of a day during which the violation is committed, continued or permitted, and each offense is punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. No. 532, 16, ) (63) Cross reference Fees for alarm systems, (FF); fire protection, Ch. 2-2; police protection, Ch. 2-7; business and industry regulations, Ch (Back) Page 7 of 7