HomeMy WebLinkAboutOrdinances (O-05-1544)-09/20/2005
ORDINANCE 0-05-1544
AN ORDINANCE AMENDING CHAPTER 38 OF THE
CODE OF ORDINANCES, EMERGENCY SERVICES,
REGARDING ALARM SYSTEM PERMITS AND FEES,
PROVIDING DEFINITIONS, REQUIRING A PERMIT OF
CERTAIN ALARM USERS; PROVIDING A PERMIT FEE;
PROVIDING SERVICE CHARGES FOR FALSE ALARMS;
PROVIDING FOR SUSPENSION OF A PERMIT;
REGULATING ALARM REPORTING AND OPERATION;
PROVIDING FOR PROTECTION OF FINANCIAL
INSTITUTIONS; PROVIDING FOR A PENALTY NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00); PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Colleyville is authorized by the Texas Local Government Code
to regulate, by ordinance, the use and operation of alarm systems; and
WHEREAS, the City of Colleyville City Council desires to adopt an annual alarm
permitting fee, as authorized by the Local Government Code; and
WHEREAS, Subchapter F of Chapter 214 of the Local Government Code authorizes
the City to adopt alarm permit fees and false alarm penalties; and
WHEREAS, this Ordinance is being passed in full accordance with all requirements of
State law, including but not limited to Chapter 214 of the Local
Government Code; and
WHEREAS, the City of Colleyville City Council determines that the passage of this
Ordinance is in the best interests of the health, safety, and welfare of the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
All matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety,
Sec. 2,
Chapter 38 of the Code of Ordinances, Emergency Services, is hereby
amended in its entirety and replaced as follows:
Registration and Regulation of police alarm systems
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1, Definitions.
For the purpose of this section, the following terms have the
definitions herein ascribed to them:
a, GENERAL ALARM SYSTEM means a device or system that
transmits or relays a signal, directly or indirectly, other than by
Community Antenna Television Cable, intended to summon
emergency police services of the City,
b, CITY ALARM SYSTEM means a device or system that transmits or
relays a signal by Community Antenna Television Cable, directly or
indirectly, intended to summon emergency police services of the
City, GENERAL ALARM SYSTEM and CATV ALARM SYSTEM do
not include:
(1) an alarm installed on a vehicle unless such vehicle IS
permanently installed at a permanent site;
(2) an alarm designed to alert only the inhabitants of a
premises; or
(3) a General Alarm System or CATV Alarm System owned by
the City,
c, ALARM SITE means a premises or location served by a General
Alarm System of CATV Alarm System,
d. BURGLARIINTRUSION ALARM NOTIFICATION is a notification
intended to summon the police, which is initiated or triggered
manually or by a stimulus characteristic of unauthorized intrusion.
e. CHIEF means the Chief of Police of the City of Colleyville, Texas,
or their authorized representative.
f. FALSE BURGLARIINTRUSION ALARM NOTIFICATION means an
alarm notification to the police when the responding police officer
finds no evidence of unauthorized intrusion or attempted
unauthorized intrusion.
g. FALSE ROBBERY ALARM NOTIFICATION means a robbery alarm
notification to the police when the responding police officer finds no
evidence of a robbery or attempted robbery,
h, LOCAL ALARM means a General Alarm System of CATV Alarm
System that emits a signal at an alarm site that is audible or visible
from the exterior of a premise,
I. POLICE "ALERT" ALARM NOTIFICATION means an alarm
notification which does not differentiate between Burglar/intrusion
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and Robbery but is intended to summon the police whenever a real
and immediate threat to life exists.
J. CITY means the City of Colleyville, Texas.
k. BURGLAR ALARM SYSTEM means a device or system that
transmits a signal intended to summon the City's Police
Department in response to a burglary. The term includes an alarm
that emits an audible signal on the exterior of a structure, The term
does not include an alarm installed on a vehicle unless the vehicle
is used for a habitation at a permanent site or an alarm designed to
alert only the inhabitants within the premises,
L FALSE BURGLAR ALARM means an alarm notification to the
Colleyville Police Department when the Police respond within thirty
(30) minutes of the alarm notification and the responding Police
Officer finds from an inspection of the interior or exterior of the
premises that the alarm was false.
2, Permit Required. Application. Transferability. False Statements,
a, A person commits an offense if he or she operates of causes to be
operated a General Alarm System or CATV Alarm System without
first obtaining an alarm permit from the Chief. An alarm permit may
be obtained for the use of either a General Alarm System or CATV
Alarm System by the installer of either such alarm system
equipment
b, Upon receipt of the complete application form and the alarm permit
fee, the Chief 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 Ordinance or the
applicant will not comply with each provision of this Ordinance.
c, 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 General Alarm System or CATV
Alarm System.
d, An alarm permit cannot be transferred. However, the individual
designated to respond to an alarm or relay an alarm may be
changed. A permit holder shall inform the Chief of any change that
alters information listed on the original permit application.
e. Any false statement or misrepresentation of a material fact made by
an applicant for the purpose of obtaining an alarm permit or
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renewal, or while making a change thereto, shall be sufficient cause
for refusal to grant, or suspension of a permit.
f. The alarm permit fee shall be twenty five dollars ($25,00).
3, Burqlary Alarm Permit; False Burqlar Alarm Fees:
a. A person commits an offense if he operates or causes to be
operated a burglar alarm system without first obtaining an alarm
permit from the Chief.
b, False burglar alarm fee - There is hereby established as a false
burglar alarm fee a fee of fifty dollars ($50,00) per false burglar
alarm for each false burglar alarm in excess of five (5) during the
preceding twelve (12) month period. The City finds that the $50,00
fee does not exceed the actual expenses incurred by the City to
make the response,"
4. Other Types of Alarms
a. A person shall not install or maintain a General Alarm System or
CATV Alarm System except for the purpose of eliciting responses
to burglaries, intrusions, robberies, real and immediate threat to life,
fires, water flow or requests for emergency medical assistance,
unless specifically authorized by the Chief.
b. From the effective date of this Ordinance, no permit for a Local
Alarm system shall be issued except for a Local Alarm system that
either emits a flashing white light, said white light not to exceed or
violate the standards contained in the Zoning Ordinance, that is tied
directly into a light at the front of the house or omits an audible
signal that can be heard within a radius of two hundred (200) feet
from the exterior of the house, and cannot be heard outside of said
two hundred (200) foot radius, The outside exterior's audible signal
shall cease after five (5) consecutive minutes and be automatically
reset after said five (5) minutes,
c, If innovations in alarm systems or other types of alarm devices
adversely affect emergency police services of the City, the Chief
may promulgate rules and regulations in order to protect the City's
emergency police services.
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5. Permit Duration, Renewal
A permit is issued for one (1) calendar year and is automatically
renewed each year upon the payment of the alarm permit fee,
provided no violations of this Ordinance warrant suspension or non-
renewal of the permit The Chief has the prerogative of determining
the first expiration date; however, this initial period shall be no less
than one (1), nor more than two (2) years from the date of issuance
of the permit
6, Service Charqe
a, If within the first twelve (12) month period of the date of issuance of
a permit, or within any successive twelve (12) month period, five (5)
false Burglar, Police Alert or Robbery Alert Notifications are emitted
from an alarm site, the Chief shall assess the permit holder in
control of that alarm site a fee of $50.00 for each subsequent False
Burglar/Intrusion Alarm, Police Alert or Robbery Alarm Notification
emitted from the alarm site within said twelve (12) month period.
b, A permit holder shall pay a fee assessed under this Section within
thirty (30) days after mailing of notice that fee has been assessed.
The Chief may suspend or refuse to renew a permit for failure to
pay the fee assessed,
c. 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 specifically exempted by the Chief.
7, Reportinq of Alarm Siqnals
A permit holder shall not report their alarm signal through a relaying
intermediary that does not meet the requirements of this chapter,
and any rules and regulations promulgated by the Chief, or is not
licensed by the State of Texas or the appropriate agency, board or
department thereof.
8. Proper Alarm System Operation and Maintenance
a, A permit holder shall:
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(1) cause an adjustment to be made to the sensory mechanism
of their General Alarm System or CATV Alarm system in order to
suppress false indications, and
(2) maintain premises containing a General Alarm System or
CATV Alarm System in a manner that does not inhibit proper
operation of the alarm system.
b, No alarm permit holder shall activate the General Alarm System or
CATV Alarm System to send an alarm notification to the police for
test purposes, unless the alarm permit holder first notifies the Chief
or his representative, and the alarm company monitoring control
center, prior to the testing of the system that the signal is for testing
purposes only,
9. Reset Required
A user of a General Alarm system or CATV Alarm System that
causes an alarm notification to be sent directly to the City 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 reset in such a
manner that it will not automatically resound, unless there is an
outside stimulus characteristic of an unauthorized intrusion,
10. Suspension of Permit, Offense to Operate
a, The Chief may suspend or refuse to renew a General Alarm
System or CATV Alarm system permit for any violation of this
Ordinance.
b, The Chief may suspend or refuse to renew an alarm permit if a
General Alarm System or CATV Alarm System generates six (6)
False Robbery or Police Alert or Burglar/Intrusion Alarm
Notifications in any twelve (12) month period described in Section
8,
c. A suspension may be lifted or permit reinstated upon a sufficient
showing that the conditions which caused the action have been
corrected and if the Chief determines that the General Alarm
System or CATV Alarm System is likely to be maintained and
operated in a responsible manner in accordance with the provisions
of this Ordinance, No fee, above and beyond the alarm permit fee,
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is required to reinstate a suspended or non-renewal permit.
11, Appeal From Denial or Suspension of a Permit
a, If the Chief refuses to issue or reinstate a permit, or suspends a
permit, they shall send to the applicant or permit holder by certified
mail, written notice of their 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 (10) days after receipt of the notice from the
Chief. The filing of a request for an appeal hearing with the City
Manager stays any action of the Chief in suspending or denying a
permit until the City Manager or their designated representative
make a final decision. If a request for an appeal hearing is not
made within a ten (10) day period, the action of the Chief is final.
b. The City Manager or their representative shall serve as hearing
officer at an appeal hearing and consider evidence by an interested
person. The formal rules of evidence do not apply at an appeal
hearing and the hearing officer shall make their decision on the
basis of a preponderance of the evidence presented at the hearing,
The hearing officer must render a decision within thirty (30) days
after the request for an appeal hearing is filed. The hearing officer
shall affirm, reverse or modify the action of the Chief, and their
decision is final.
12, Indirect Alarm Reportinq A person who is engaged in the business
of relaying alarm notifications to the City shall:
(1) send notifications of an alarm to the City by human operator;
unless such notification is by a direct computer terminal;
(2) keep their business premises in compliance with State law;
(3) allow an inspection of their business premises by the Chief
or their representative;
(4) report alarms only over a special telephone number, or
numbers designated by the Chief; and
(5) send alarm notifications to the City in a manner and form
determined by the Chief.
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13. Recorded Messaqe Alarm Notification Prohibited
No permit will be issued for the use of systems using automatic
telephone dialing to report an alarm condition by means of a
recorded message,
14. Workinq Specifications
CATV Alarm System alarm activation and deactivation panels may
be of a key or keyless configuration. They must be installed on the
interior of the structure. The system shall provide for variable
entrance and exit grace times which shall be incorporated into the I'
unit.
No CATV Alarm System or General Alarm System shall be so
designed as to generate an alarm due to the premises or a
particular area of the premises not being secured at the time of
attempted arming, The CATV Alarm System shall utilize an internal
audible alert signal to notify the user that they have a programmed
grace period in which to deactivate the CATV Alarm System upon
the user's entrance. In case of power failure, all alarm circuits shall
automatically convert to stand-by battery supply, capable of
supplying at least 12 hours of emergency power.
a. Duty of Installer
Installers of General Alarm Systems and CATV Alarm Systems
shall make the user aware that a permit must be obtained from the
police department, at no charge to the user,
b, The installer shall also instruct the user regarding the operation of
the system, including but not limited to, the criteria for use of the
police alert button device, stressing it is for the summoning of police
only in the event of a real and immediate threat to life,
c, The installer shall not install an alarm system contrary to the
provisions of this Ordinance, Alarm Systems that are installed
contrary to the provisions of this Ordinance are in violation of this
Ordinance and the installer is subject to the punishment phase of
this Ordinance for each day the alarm system is installed, and each
day or portion of a day thereafter are separate offenses until the
alarm system adheres to the provisions of this Ordinance.
Sec. 3.
Sec. 4.
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d. Any keyless configuration activating or deactivating device which
contains only a single button to activate a police alert alarm, shall
provide for a design of such equipment so that accidental activation
will not occur and that activation is a deliberate act
e, Delay Diode Required
CATV Alarm Systems and General Alarm Systems shall include a
delay diode which will be engineered so that an alarm will not be
sent due to momentary breaks in electrical current caused by
lightning,
f. All electrical equipment used for the installation of CATV Alarm
Systems and General Alarm Systems shall be Underwriters
Laboratories, Inc. approved,
15. Violations, Corporations, Partnerships and Associations
a, A person, corporation, partnership or other association commits an
offense hereunder by commission or omission of any provision of
this Ordinance that imposes upon such person or entity a duty or
responsibility.
b. In addition to prohibiting or requiring certain conduct of individuals,
it is the intent of this Ordinance 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
Penaltv It shall be unlawful for any person, corporation, partnership or
other association to violate any of the provisions of this Ordinance, and
any such person, corporation, partnership or other association which
violates a provision of this Ordinance 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 offense is punishable by a fine not to
exceed $200,
The ordinance or ordinances under which the cases currently filed and
pending in the municipal Court of the City of Colleyville, Texas, pursuant
to Section 38-1 of the Code of Ordinances shall be deemed repealed only
when all such cases filed and pending under such ordinance or
ordinances have been disposed of by final conviction or a finding of not
guilty, nolo contendere or dismissal and provided further that for the
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purposes of determining the number of false Burglar, Police Alert or
Robbery Alarm notifications.
Sec. 5.
Severabilitv If any section, paragraph, subdivision, clause or phrase of this '
Ordinance shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of this Ordinance as a whole or any part of any
provision thereof other than the part so decided to be invalid or
unconstitutional.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ ~ day of
005,
reading and public hearing being conducted on the ~ ~ day of
2005,
AIfi~~~
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
tb~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
~ In. PJ",
Matthew C, G. Boyle
City Attorney