CHAPTER 95: ALARM SYSTEMS

Transcription

1 1 CHAPTER 95: ALARM SYSTEMS Section DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALARM NOTIFICATION. A notification intended to summon the police, which is designed either to be initiate purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. (Recorded messages to any police or fire station are prohibited by 95.14(C) of this chapter.) ALARM SITE. The specific property served by an alarm system that is under the control of one owner, tenant, or lessor. ALARM SYSTEMS. Any electrical, mechanical, or electronic device or assembly or equipment that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, by direct in indirect means, the aid of the police services of the city. ALARM SYSTEMS BUSINESS. Any person who or entity that sells, installs, services, monitors, or responds to alarm systems. AUTOMATIC DIAL. Any device connected to an alarm system which automatically sends a prerecorded message or coded signal indicating the activation of the alarm system to a predetermined location. CHIEF OF POLICE. The Chief of Police of the city or the designated representative of the Chief of the Police. CITY. The City of Sunset Valley, Texas. FALSE ALARM NOTIFICATION. An alarm notification to the Police Department, when the responding officer or a subsequent investigation, finds no evidence of unauthorized intrusion, and attempted unauthorized intrusion, robbery, attempted robbery, or other illegal activity that the alarm was intended to report. LOCAL ALARM. An alarm system that emits a signal at the alarm site that is audible or visible from the exterior of the structure. PERSON. An individual, corporation, partnership, association, organization, or any legal entity. RELAYING INTERMEDIARY. Any person who reports the activation of an alarm to the Police Department for compensation EXEMPTIONS. For the purposes of this chapter, the following types of alarm systems are exempted.

2 (A) An alarm system installed on a motor vehicle, unless the vehicle is permanently located at a site. (B) An alarm system designed to alert only the inhabitants of the premises which does not have a local alarm. (C) An alarm system installed upon the premises occupied by the United States Government, or the state government when they occupy property owned by the state. (D) Any alarm system designed solely to detect or give notice of fire or smoke; (E) Any communication device not designed solely for alarm notification OPERATION AND MAINTENANCE OF ALARM SYSTEMS. (A) A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system. (2) Maintain an alarm system in a manner that will minimize false alarm notifications. (3) Respond or cause a representative to respond within 30 minutes when notified by the Police Department 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 system for any reason other than the occurrence of an event that the alarm system was intended to report. (B) A permit holder of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than 15 minutes after being activated POLICIES AND PROCEDURES. (A) The Chief of Police shall institute policies and procedures to implement this chapter. (B) The Chief of Police shall publish standards of operation for alarm systems. Each permit holder will be provided copies of these standards and all changes thereto POLICE RESPONSE. (A) The response, if any, made to a signal from a permitted alarm system shall be subject to the policies and procedures of the Police Department and will be in accordance with the priorities set for police response. (B) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, nor does it create a duty or guarantee of response by the Sunset Valley Police Department. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained.

3 FALSE NOTIFICATIONS. (A) The holder of an alarm permit shall pay a service fee for each false alarm notification indication that a burglary has occurred that is in excess of six false burglary alarms within any 12-month period. (B) The holder of an alarm permit shall pay a service fee for each false alarm notification indicating that a robbery has occurred that is in excess of two false robbery alarms within any 12-month period. (C) For any alarm notification for which a service fee is assessed, the Chief of Police has the authority to investigate the circumstances of the alarm and may waive the payment of the fee PERMIT REQUIRED. (A) An alarm system may not be operated without a permit issued by the City Administrative Assistant. (B) A separate permit is required for each alarm site. (C) The permit holder shall keep the alarm permit at the alarm site and shall produce the permit for inspection upon the request of any member of the Police Department. (D) If the permit holder does not advise the city that they have relinquished control of the alarm site, and cancel their permit, the permit holder is responsible for outstanding fees associated with the permit PERMIT APPLICATION. (A) An application for permit shall be made by a person who owns, leases, reside at, or manages the alarm site. (B) The application and the required fee shall be submitted to the city on a form provided by the city. (C) Any false statement made by an applicant shall be considered a violation of the Tex. Penal Code, 37.10, tampering with governmental record, a third-degree felony. (D) An alarm permit is issued to an individual or corporate entity and is nontransferable and nonrefundable. (E) The date of issuance will be the date the application is processed, unless false alarm calls have been responded to by the Police Department. In this case, date of issuance will be the date of the first call. (F) A permit shall be issued for a one-year period PERMIT DENIAL, GROUNDS. A permit may be denied for:

4 (A) Any false statement on the application; or (B) Any false statement by an applicant in connection with the application; or (C) An applicant has failed to pay a service fee, or has had an alarm site revoked and the violation causing the revocation has not been corrected PERMIT RENEWAL. An application to renew a permit must be submitted one month prior to the end of the term of the permit. A late fee will be assessed if an application is submitted late. The term of renewal is one year PERMIT REVOCATION. The City Administrative Assistant shall revoke an alarm permit if it is determined that: (A) There was a false statement made in the application for a permit. (B) A false oral statement was made by an applicant in connection with the permit application. (C) The permit holder has violated the provisions of this chapter. (D) The permit holder has failed to make payment of fees assessed under this chapter. (E) The permit holder does not maintain the alarm system in a manner that minimizes false alarm notification or ensures proper operation of the alarm system APPEAL. (A) If the City Administrative Assistant refuses to issue a permit or revokes a permit, he or she shall notify the applicant or holder by certified mail, return receipt requested. The applicant or holder may appeal the decision by filing a notice of appeal with the Mayor. This notice setting forth the reasons for appeal, must be received within ten calendar days of the date of receipt of the notice of revocation. The receipt of the notice of appeal will stay the revocation of the permit. If the notice of appeal is not timely, the revocation is final. (B) The Mayor will designate a hearing officer to hear the appeal. At the hearing, the formal rules of evidence do not apply. The hearing officer shall make his or her decision on the basis of a preponderance of the evidence presented. The hearing officer must render a decision within 30 days after the appeal is filed. The hearing officer may affirm, reverse, or modify the action of the City Administrative Assistant. The decision of the hearing officer is final REINSTATEMENT OF PERMIT. A permit may be reinstated by the City Administrative Assistant when the revoked permit holder pays the application fee and shows: (A) That the fees required under 95.14(B), below, have been paid.

5 (B) That the alarm system is operated in accordance with the requirements of this chapter. (Ord , passed ) FEES. (A) Fees; generally. (1) All fees under this chapter shall be set by ordinance. (2) A late payment fee will be charged for fees not paid on time. (3) The permit holder of record shall pay all fees incurred under the permit including false alarm fees. (B) Schedule of fees. The following is the schedule of fees; Type of Fee Amount Application fee $0 Renewal fee $0 Reinstatement fee $0 False notification of: Burglary $40 Robbery $80 Late payment fee $ Response to alarm without permit $ VIOLATIONS. No person shall operate, cause to be operated, or allow the operation of an alarm system: (A) Without a permit issued under the provisions of this chapter. (B) Without being in compliance with the procedures and provisions of this chapter. (C) That automatically dials the 911-Emergency Communications Systems and/or sends a prerecorded message to the Police or Fire Department PENALTY. (A) The failure to comply with the provisions of this chapter is a class C misdemeanor punishable by a fine of not more than $500 but not less than $100 upon first conviction, and not less than $200 upon second and subsequent convictions. A person who violates a provision

6 of this chapter is guilty of a separate offense for each day or portion or a day during which the violation is committed or continued. (B) Any person who operates, causes to be operated, or allows to be operated an alarm system without a valid permit shall be charged a fee for each response by the Police Department to each notification of activation. This is in addition to any criminal penalty imposed for violation of this chapter. (C) For the purposes of this chapter, a conviction is a finding of guilty or the defendant s placement on a deferred disposition, deferred adjudication, or probation by a court of competent jurisdiction. 163