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HomeMy WebLinkAboutOrdinances (O-87-645)-05/04/1987 10 11 1 ~~~tJ) ~~n ~~1 .LJ' 'I ~ (). .1\. ID.~cf 2 ORDINANCE NO. 0-87~ 3 4 AN ORDINANCE AMENDING CHAPTER 7, OF THE COLLEYVILLE CODE, BY ADDING SECTION 5 "EMERGENCY REPORTING AND EQUIPMENT PROCEDURES" PROVIDING DEFINITIONS; REQUIRING A PERMIT OF ALARM SYSTEM USERS; PROVIDING SERVICE FEES FOR ALARM NOTIFICATIONS; PROVIDING FOR REVOCATION OF A PERMIT; REGULATING ALARM REPORTING AND OPERATION; PROVIDING FOR PROTECTION OF FINANCIAL INSTITUTIONS; PROVIDING A PENALTY NOT TO EXCEED $200; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS; 8 SEC. 1: That Chapter 7 of the Colleyville code be amended by adding section 5, "Emergency Reporting Equipment and Procedures" to read as follows: 9 SEC. 5: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES SEC. 5-1: DEFINITIONS. 12 In this section: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) 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 services of the city, including, but not limited to/ local alarms. Alarms system does not include: (a) an alarm installed on a vehicle unless the vehicle is permanently located at a site; nor (b) an alarm designed to alert only the inhabitants of a premises which does not have a local alarm. (2) ALARM NOTIFICATIONS means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic to unauthorized intrusion. (3) ALARM SITE means a single premises or location (one street address) served by an alarm system or systems that are under the control of one owner. (4) CHIEF means the chief of police of the city or his authorized representative. 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 (5) 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. 4 5 (6) 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. 6 7 (7) PERMIT HOLDER means the person designated in the application as required in Section 5-2(c) (1) 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. 8 9 (8) PERSON means an individual, corporation, partnership, association, organization, or similar entity. SEC. 5-2: PERMIT REQUIRED; APPLICATION; TRANSFERABILITY; FALSE STATEMENTS. (a) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the chief. A separate permit is required for each alarm site. (b) 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 service fee assessed under section 5-12 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. (c) Each permit application must contain the following information: (1) name, address, and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this chapter; (2) classification of the alarm site as either residential or commercial; (3) for each alarm system located at the alarm site the purpose of the alarm system, i.e., burglary, robbery, or personal hostage or robbery; 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 (4) other information required by the chief which is necessary for the enforcement of this chapter. 4 (d) 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. 5 6 (e) An alarm permit cannot be transferred to another person. 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. 7 8 9 (f) All fees owed by an applicant must be paid before a permit may be issued or renewed. SEC. 5-3: PERMIT DURATION AND RENEWAL. A permit is issued for three years and must be renewed every three years 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 a permit. This initial period shall be no less than two or more than three years from the date of issuance of the permit. SEC. 5-4: PROPER ALARM SYSTEM OPERATION AND MAINTENANCE. (a) A permit holder or person in control of an alarm system shall: (1) maintain premises containing an alarm system in a manner that insures proper operation of the alarm system; (2) maintain the alarm system in a manner that will minimize false alarm notifications; (3) respond or cause a representative to respond within a reasonable period of time when notified by the city 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 for any reason other than an occurrence of an event that the alarm system was intended to report. 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 (b) A person in control 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 30 minutes after being activated. 4 5 SEC. 5-5: MANUAL RESET REQUIRED. 6 A person in control of a local alarm or an alarm system that causes an alarm notification to be sent directly to the city, shall adjust the mechanism or cause the mechanism to be adjusted so that upon activation the system will not transmit another alarm signal without first being manually reset. 7 8 SEC. 5-6: REPORTING OF ALARM SIGNALS. 9 A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this chapter and any rules and regulations promulgated by the chief or that is not licensed by the Texas Board of Private Investigators and Private Security Agencies. SEC. 5-7: INDIRECT ALARM REPORTING. (a) A person who is engaged in the business of relaying alarm notifications to the city shall communicate alarm notifications to the city in a manner and form determined by the chief. SEC. 5-8: DIRECT ALARM REPORTING; AUTOMATIC ALARM NOTIFICATION. A permit holder or person in control of an alarm system, other than an alarm system in a financial institution, whose alarm system transmits automatic alarm notifications directly to the communications center of the police department shall: (1) transmit the alarm in the form and with the content specified by the chief; (2) insure that any recorded message is intelligible; (3) design the alarm system so that it will notify or attempt to notify the permit holder, or his designated agent identified on the permit application, when an alarm is transmitted to the city. 4 I' I 1 I 2 I , 3 I I I 4 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SEC. 5-9: ALARM SYSTEM OPERATING INSTRUCTIONS. A person in control of an alarm system shall maintain at each alarm site, a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords must not be included in these instructions. SEC. 5-10: ALARM DISPATCH RECORDS. (a) The officer responding to a dispatch resulting from a burglary, robbery, personal hostage or robbery alarm notification shall record 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) arrival time and dispatch received time; (4) time of day, date, and time zone; (5) weather conditions; (6) area and sub-area; (7) name of permit holder's representative on premises, if any. (b) The responding police officer shall indicate on the dispatch record whether the notification was caused by a criminal offense. SEC. 5-11: SYSTEM PERFORMANCE REVIEWS. 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 and the individual or association responsible for maintenance of the alarm system to review circumstances of each false alarm. SEC. 5-12: SERVICE FEE; NEW INSTALLATIONS. (a) Except as provided in Subsections (b) and (c), the holder of an alarm permit shall pay a service fee of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 $25 for each alarm notification in excess of three that is emitted from an alarm site within any 12 month period. (b) If the responding police officer determines that an alarm notification was caused by a criminal offense, no service fee will be assessed for that notification and that fee will be assessed. SEC. 5-13: REVOCATION OF ALARM PERMIT. (a) The chief shall revoke an alarm permit 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 section 5-4, 5-5, 5-6, 5-7, or 5-8; or (3) the permit holder has failed to make timely payment of a service fee assessed under Section 5-12. (b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is revoked. SEC. 5-14: APPEAL FROM DENIAL OR REVOCATION OF A PERMIT. (a) If the chief refuses 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. 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 10 days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays an action of the chief in revoking 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 10 day period, the action of the chief is final. 6 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 i I I 16 I 17 18 19 20 21 22 23 25 26 (b) SEC. 5-15: (a) (b) (c) i I The city manager or his representative shall serve as hearing officer at an appeal and consider evidence by an interested person. The formal rules of evidence do not apply at 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 30 days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to the administrative remedies within the city. PROTECTION OF FINANCIAL INSTITUTIONS. 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, 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 institutions 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. The financial institution shall pay an annual fee of $300 for each indicator. 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 financial institution. The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the chief on a 24-hour basis, seven days a week. In no event shall the city become liable for charges for repairs and maintenance. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 I 19 I 20 I I 21 I I 22 ' I I 23 24 25 26 (d) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief, and at its own expense, remove its equipment and indicators from the monitor panel in the communications center. (e) The chief may 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 these changes. (f) Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm reporting service using a method designated by the chief. SEC. 5-16: VIOLATIONS; PENALTY; CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS. (a) A person commits an offense if he violates by commission or omission any provision of this chapter that imposes upon him a duty or responsibility. (b) A person who violates a provision of this chapter 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 of not more than $200. (c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership, or other association criminally responsible for acts of omissions performed by an agent acting in behalf of the corporation, partnership, or other association, and within the scope of his employment. SECTION 3. That the terms and provisions of this Ordinance are severable. SECTION 4. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. 8 earing being conducted on the , 1987. earing being conducted on the , 1987. 'c hearing being conducted on the , 1987. ~ ~~y OF COLLEYVILLE 1 2 3 4 J. R. Hubbard Mayor 9