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85-M-6 ALARM PERMITS , .. -< " , . ORDINANCE NO. -:g~---M -0 AN ORDINANCE PROVIDING DEFINITIONS, REQUIRING A PERMIT OF ALARM SYSTEM USERS; PROVIDING SERVICE CHARGES FOR FALSE ALARMS; PROVIDING FOR PROTECTION OF FINANCIAL INSTITUTIONS; PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: \ SECTION I - DEFINITIONS 1. Alarm System means a device or system that transmits or relays a signal intended to summon emergency services of the City, as illustrated by, but not limited to, local alarms. Alarm System does not include: A. An alarm installed on a vehicle unless installed at a permanent site. B. An alarm designed to alert only the inhabitants of a premises. C. An alarm installed upon the premises occupied by the City. 2. Alarm site means a premise or locatio~ served by an alarm system. 3. Bur91ar 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. 4. Police Department: Schertz. The Police Department of the City of 5. Police Chief: The Chief of Police of Schertz or his authorized representative. 6. False bur9lar 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. 7. False f.i.rg alarm notification means a fire alarm notification to the Fire Department, when the responding fire department personnel finds no evidence of a fire having occurred or of a need for the fire department service. . .' '. , . , ' 8. False holdup alarm notification means a robbery alarm notification to the police, when the responding police officer finds no evidence of a robbery. 9. Fire alarm notification means a notification to the Fire Department intended to summon fire-fighting forces, which is initiated or triggered manually by an alarm system designed to react to any of the visual or physical characteristics of fire. 10. 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. ll. Person means an individual, corporation, partnership, association, organization or similar entity. 12. Holdup 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. 13. False alarm or report is when a person knowingly initiates, communicates, circulates, or broadcasts a report, a present, past, or future bOmbing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: A. cause action by an official or volunteer agency organized to deal with emergencies; B. 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 publ ic has access, 0 r aircraft, automobile, or other mode of conveyance. 14. 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. SECTION II - PERMIT REOOIRED: APPLICATION: TRANSFERABILITY: FALSE STATEMENTS. 1. A person commits an offense if he 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. 2. Any person with an alarm system on the effective date of this ordinance must apply for a permit within 60 days after the effective date. 3. 1J.RQn 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 ordinance, or the applicant will not comply with each provision of this ordinance. 4. 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 ordinance. 5. lill. 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 inform the Police Department of any change that alters information listed on the permit application. No fees will be assessed for such changes. 6. ~ 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 sufficiant cause for refusal to grant, or suspension of, a permit. SECTION III - OTHER TYPES OF ALARMS. 1. 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. 2. 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. 3. 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 Schertz Police Department. Within thirty (30) days after the effective date of this ordinance, all existing automatic dialing devices referred to above shall be reprogrammed or disconnected. SECTION IV - FEE FOR PERMIT: DURATION: RENEWAL 1. A non-refundable fee of $5.00 per year permit or renewal of a permit for a private per year for a commercial establishment. expire December thirty-first of the year is required for each residence, and $25.00 All permits shall of issuance and no " , '. permit shall be issued for responsibility of the permit to expiration date; however, more than one year. It is the holder to pay the renewal fee prior A. an alarm user which is a governmental political unit shall be subject to this ordinance 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. SECTION V - SERVICE CHARGE 1. If, within any twelve month period, three false burglar alarm notifications are emitted from an alarm site, the City shall assess the permit hOlder in control of that alarm site a fee of $25.00 for each subsequent false burglar alarm notification emitted from the site within the twelve months following the fourth false notification. 2. If within any 12 month period three false burglar alarm notifications are emitted from an alarm site, the City shall assess the permit holder in control of that alarm site a fee of $25.00 for each subsequent false burglar alarm notification emitted from the site within the 12 months following the fourth false notification. 3. The City shall assess the permit holder of a robbery alarm a fee of $100.00 for each false robbery alarm notification emitted from the alarm site. 4. A permit holqer shall pay a fee assessed under this section within thirty days after receipt of notice by registered mail that it has been assessed. 5. 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 catastrophy or other situation specifically exempted by the Chief of Police. SECTION VI - REPORTING OF ALARM SIGNAI.S 1. A permit holder shall not report his alarm signals through a relaying intermediary that does not meet the requirements of this ordinance and any rules and regulations promulgated by the City or is not licensed by the Texas Board of Private Investigators and Private Security Agencies. SECTION VII - PROPER ALARM SYSTEM OPERATION AND MAINTENANCE. 1. A permit holder shall: A. Cause an adjustment to be made to the sensory mechanism of his alarm system in order to suppress false indications; and " B. Maintain premises containing an alarm system in a manner that insures proper operation of the alarm system. 2. A person in cont~ol of a local alarm shall: A. Adjust the mechanism so that an alarm signal will sound for no longer than 30 minutes after being activated; and B. Provide personnel, within 30 minutes after being notified by the Police Department, to reset the alarm system and provide access to the premises; and C. Display in a prominent exterior location an identification notice provided by the Police Department. Sticker shall be placed on or adjacent to the most commonly used front entrance of the premises and must be visible and legible at all times. SECTION YlLl - MANUAL RESET REOUIRED. 1. 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 mannually reset. SECTION 1X - INSPECTION 1. Upon reasonable notification, the Police designated representative, may inspect an alarm system of a permit holder. Chief, or his site and alarm SECTION .x SUSPENSION .or: PERMIT; OFFENSE m OPERATE. 1. The Chief of Police may suspend or refuse to renew an alarm system permit for any violation of this ordinance. 2. 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 twelve-month period. In each respective category, an excessive number shall be: A. Six false burglary alarms B. Five false robberg alarms C. Five false fire alarms. 3. 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 ordinance. , . , . 4. 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. SECTION XI - APPEAL FROM DENIAL OR SUSPENSION m: A PERMIT. 1. 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 appeal. The applicant or permit holder may appeal the decision of the Chief of Police to the City Council by filing with the City Secretary a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of the notice from the Chief of Police. The filing of a request for an appeal hearing with the City Council stays an action of the Chief of Police in suspending a permit until the City Councilor its designating 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. 2. The City Councilor its representative shall serve as hearing officers 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 days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or modify the action for the City, and his decision is final. SECTION XII - INDIRECT ALARM REPORTING 1. A person who is engaged in the business of relaying alarm notifications to the Police Department shall: A. Send notification of an alarm to the Police Department by a human operator. B. Keep his bus ines premises locked and secured at all times. C. Allow an inspection of his business premises by the Police Chief, Fire Chief or authorized agent of the City at all times. D. Report alarms only over a special telephone number or numbers designated by the Chief of Police. E. Send alarm notifications to the Police Department in a manner and form determined by the Chief of Police. I.,', SECTION XIII - DIRECT ALARM REPORTING 1. A permit holder whose alarm system transmitts automatic alarm notifications, other than alarm notifications from financial institutions, directly to the City over the normal telephone system shall: A. Transmit in the form and content specified by the Police Department B. Transmit over special telephone lines designed for such use as specified by the Police Department. C. Design his system so that it will notify the holder, or his designated agent identified on the application, when an alarm is transmitted to the Department. permit permit Police D. 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. E. 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 24- hour, seven-day-a-week basis for correcting any malfunction that may occur. SECTION XIV - PROTECTION OF FINANCIAL INSTITUTIONS. 1. 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 ordinance 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 Deapartment. The installation must be accomplished at the institutions expense. 2. The financial institution shall pay an annual fee of $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. . " , " 3. 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 24-hour basis, seven days a week. In no event shall the City become liable for the service charges for repairs and maintenance of any such signaling device. 4. 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. 5. 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. 6. 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. SECTION XV - VIOLATION: CORPORATIONS: PARTNERSHIPS AND ASSOCIATIONS. 1. A person commits an offense if he violates by commission or ommission any provisions of this ordinance that imposes upon him a duty or responsibility. 2. In addition to prohibiting or requlrl,ng certain conduct on individuals, it is the intent of this ordinance to hold a corproation, 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. 3. 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 90 days after the effective date of this ordinance. After that period, the Chief of Police will begin enforcing the ordinance as if it were just enacted. SECTION XVI - PUNISHMENT 1. That a person who violates a provlslon of this ordiance is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, aQd each offense is punishable by a fine not to exceed $200.00. \ .'. . \ . " SECTION XVII - SEVERABILITY l. If any section, paragraph, sub-division, 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. SECTION XIX - EFFECTIVE DATE 1. This ordinance shall become effective upon the date of final adoption. PASSED, APPROVED AND ADOPTED th~day of , 1985. ATTEST: (SEAL OF CITY)