2003M 06 - REVISE CHAP 10A 2 c RDINANCE NO. - 06
AN ORDINANCI
BY THE CITY COUNCIL OF THI~ Cf] V OF SCHERTZ, TEXAS
AMENDING AND RESTATING Ti~E CODE ~ )F ORDINANCES, CITY OF
SCHE~RTZ, TEXAS REVISED CHAPTER 10, MISCELLANEOUS
OFFENSES AND PROVISIONS, ARTICI,EV, ALARM SYSTEMS,
FALSE ALARMS, SECTIONS 10-81 THRO ~IGH 10-94; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVI RABILITY CLAUSE; AND
PROVIDING A REPEALING CLAUI E, SPECIFICALLY FOR
ORDINANCE NO. 02-I~23
BE IT ORDAINED BY THE CITY COUNCIL OF THE '.ITY OF SCHERTZ, TEXAS:
THAT, Chapter 10, Miscellaneous Offenses and ?rovisious, Article V, Alarm Systerns,
False, Alarms, Sections 10-81 through 10-94, be amende and restated as follows:
I
Section 10-81. Del'tuitions.
The following words, terms and phrases, whe: used in this Article, shall have the
meanings ascribed to them in this Section, except where Ne context clearly indicates a different
meaning:
Alarm notification: means a notification intendeC to summon policedfire services, which
is designed either to be initiated purposely by a person or by an alarm system that responds to a
stimulus characteristic of fire or unauthorized intrusion.
Alarm site: means a single premise or location ~ne street address) served by an alarm
system or systems that are under the control of one ownel
Alarm system: means a device or system that e~ its, transmits, or relays a signal that is
intended to notify police or thc fire department of ~ n unauthorized intrusion, attempted
unauthorized intrusion, robbery, attempted robbery, an att~ rapt to take a person hostage, or a fire
alarm and, is intended to summon, or that would reasor ably be expected to summon, public
safety services of the City, including, but not limited to, ocal alarms. Alarm system does not
include:
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(1) An alarm installed on a vehicle ul tless the vehicle is permanently located
at a site.
(2) An alarm designed to alert only th inhabitants of the premises having the
alarm system and which does not t ,ye a broadcast system.
Broadcast alarm: means an alarm system that emits a signal at an alarm site that is
audible or visible from the exterior of a structure.
Burglar alarm: means an alarm system that :ansmits a signal intended to summon
police in response to a burglary. The term includes tn audible signal on the exterior of a
structure and an alarm installed on a vehicle used for hat tation at a permanent site.
Chief: means the Chief of Police of the City or h/s authorized representative.
False alarm: as to a burglar alarm, means the ~ .~ity responds within 30 minutes of the
burglar alarm notification and determines from an insp~ ~:tion of the interior or exterior of the
premises that the burglar alarm was false.
Fire alarm: means any system or device that is permitted and installed to meet the
minimum standards of the Schertz Fire Code and appropt [ate national and state requirements and
designed as an automatic communication device givin; early warning of smoke, heat, fire,
suppression system activation, and trouble, including th~, notification of a U.L. listed approved
central monitoring station.
Fire Marshal: means the Fire Marshal for ~e City of Schertz or his authorized
representative.
Permit holder or person in control: means the person designated as such in the
application for an alarm permit or the person who is re sponsible for responding to alarms on
behalf of the applicant and giving access to the sit~, and who is responsible for proper
maintenance and operation of the alarm system and pay xtent of fees. Such person must be at
least 18 years of age.
Person: means an individual, corporation, pa mership, association, organization or
similar entity.
Section 10-82. Proper alarm system operation and ma Lntenance.
(a) A permit holder or person in control of an ~ ~arm system shall:
(1) Maintain the premises containhtg an alarm system in a manner that
assures proper operation of the alar system;
(2) Maintain the alarm system in a amer that will minimiz~ false alarm
notifications;
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(3) Respond to or cause a representati ~e to respond within a reasonable period
of time, which period shall be de., ignated by the City, when requested by
the City to repair or inactivate a r ~alfunctioning alarm system, to provide
access to the premises or to provid ~ security for the premises;
(4) Not manually activate an alarm fo~ any reason other than the occurrence of
an event that the alarm system was intended to report; and
(5) Notify the police department con~ mnications prior to activating a security
or fire alarm for maintenance purl~ ~ses;
(6) Notify the fire depathnent and U.] listed central station prior to any fire
drills or tests that may or may n, cause the activation of a fire alarm
system.
(b) A permit holder or person in control of a ecurity or fire alarm system shall not
utilize any alarm system which causes an audible signal to be emitted
continuously or intermittently for more tt an 30 minutes afier being activated or
which emits a subsequent alarm without being reset which would constitute a
nuisance and a violation of this Article.
(c) A permit holder or person in control of ~ n alarm system shall not allow alarm
signals to be reported through a relaying i aterrnediary that does not comply with
the requirements of this Article and any ot ~er Chapter of this Code, any rules and
regulations promulgated by the chief or Fi: 'e Marshal or, for a security fire alarm
system that is not licensed by the Texas B >ard of Private Investigators or private
security agencies.
(d) A permit holder or person in control of an ~ tlarm system shall maintain a complete
set of written operation instructions fo~ each alarm system at each alarm site.
Special codes, combinations, or passwcrds must not be included in these
instructions.
Section 10-83. Direct alarm reporting: automatic alar a notification prohibited.
An alarm system which transmits automatic alarm notification directly to the
communications center of the police department is prohib ited, except for such systems currently
in place on date of adoption hereof and to the original pea mit holder hereunder, or as authorized
in Section 10-84 hereof.
Section 10-84. Protection of f'maneialinstitutions.
(a) A financial institution required to have a ;ecurity/fire alarm system pursuant to
the provisions of the Bank Protection Act c f 1968 (12 U.S.C., Section 1882) may
install, with the permission of the chie ', signal line directly to the police
department for the purpose of reporting l~urglaries and robberies. If such an
arrangement is made, all other requireme~ ts of this Article must be met. The
financial institution shall execute a letter £ agreement with the City permitting
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the installation of all necessary equipmenl on an indicator panel monitored in the
communications division of the police ,lepartment. The installation must be
accomplished at the financial institution's .'xpense.
Co) The financial institution shall pay an annr al fee to be determined by the City for
each indicator. The chief shall have the r ght, at reasonable times and upon oral
notice, to inspect the alarm system at the ~ [larm site and require necessary repairs
or improvements. If the chief finds thal the alarm system continually fails to
operate properly, or to be operated impro ~erly, he may terminate the privilege to
have equipment and indicators in the :ommunications center of the police
department and require prompt removal the equipment at the expense of the
financial institution.
(c) The financial institution, at its own expe shall make arrangements to provide
service for the alarm system on a 24-horn basis, seven days a week. In no event
shall the City become liable for charges fm repair and maintenance.
(d) The financial institution may cancel its tgreement with the City any time by
giving the City written notice through the chief, and at its own expense, remove
the equipment and indicators from the ~onitor panel in the communications
center.
(e) The chief may require any change, mo{ emization, or consolidation of alarm
signaling equipment that he deems advisal ,lc. In no event shall the City become
liable for changes for these requirements.
(f) Instead of direct lines, a financial instituti, ,n may report burglaries and robberies
by transmissions through an alarm repo~ ting service using special equipment
designated by the chief.
Section 10-85. Alarm system permits.
(a) Permit required. A person commits an affense if he operates or causes to be
operated, an alarm system without an aim t system permit issued by the chief. A
separate permit is required for each streel fldress. The fee for each permit shall
be according to the Schedule of Fees, Exh ,it 1, and shall be renewed.
(b) Form of application.
(1) Application for permits required b3 the provisions of this Article shall be
filed with the chief on a form provi ted by the chief. If the applicant is an
individual, the application shall e subscribed and sworn to by such
person. If the applicant is an indi dual who does not reside, operate any
business, or is not employed withi the state, or in the event.the applicant
is a firm or partnership and no ow · or general partner resides, operates a
business or is employed within the state, then the applicant must also be
subscribed and sworn to by the individual having the authority and
responsibility for the management a ad operation of the business within the
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state. If the applicant is a corpora~ ion, the application shall be subscribed
and sworn to by at least one princil ~al corporate officer. If the applicant is
a corporation and none of its prin fipal corporate officers are responsible
for the management and operatio~t of the business within the state, the
application shall also be subscribe~ and sworn to by the individual having
the authority and responsibility fo: the management and operation of the
business within the state.
(2) If the applicant is a corporation, th: application shall specify the date and
place of its incorporation, the locat on of the applicant's principal place of
business, a list of the principal cott orate officers and the business address,
residence address and the office or position held by each principal
corporate officer.
(3) If the applicant is a parmership, th ~ application shall specify the location
of the applicant's principal place of business and the names, business
addresses and residence addresses ~ .f each partner.
(4) The application shall include the fo lowing information for each individual
required to subscribe and swear to i
(i) The individual's full nar business address, and residence
address.
(ii) The individual's residence nd business telephone number.
(5) Each permit application must cont~ n the following information!
(i) The address of the location, ffthe alarm site;
(ii) A description by brand mtd general type of the alarm system
stating the manner in whi the alarm will be given, and if the
alarm is to be transmitted as central office, the name, address
and telephone number oft )perator of the central office;
(iii) Classification of the ala system site as single family, multi-
family or commercial;
(iv) Any other information requ xl by the chief, which is necessary for
the enforcement of this Arti,
(6) Owners/operators of fire alar~ systems, in a commercial business,
medical, institutional and multi-fa a~ily occupancy, the alarm not being
part ora security system, are requir ',d to hold a valid fire marshal's annual
permit instead of a permit issued b5 the police department.
(c) Permit issuance or denial. Upon receip of a completed application form, the
chief shall issue an alarm system permit to m applicant unless the applicant:
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(1) Has had an alarm system permit for the alarm site revoked and the
violation causing the revocation has aot been corrected.
(2) Has made false statement on the apl: lication of a material matter;
(3) Committed any act, which if committed by a permitee, would be grounds
for the revocation ora permit under his Article.
(4) While not permitted, knowingly mtd willfully committed, or aided and
abetted in commission, of any act fo: which this Article requires a permit.
(d) Transfer and amendments. An alarm sI ,stem permit cannot be transferred to
another person. A permit holder shall info rm the chief of any change that alters
any information listed on the permit appl cation within two business days. No
fee will be assessed for such changes.
(e) Fees paid. All fees owed by an applicant must be paid before a permit may be
issued or renewed.
(f) Permit renewal. A permit for an alarm s' 'stem is valid for one year. A permit
will be revoked for non-renewal upon 30 d' tys written notice from the chief to the
permit holder.
Section 10-86. Revocation of alarm system permits.
(a) The chief shall revoke an alarm system per nit if he determines that:
(1) There is a false statement of a ~aterial matter in the application for
permit;
(2) The permit holder has violated an ~rovisions of this Article.
(b) A person commits an offense if he operate an alarm system during the period in
which his alarm permit is revoked.
Section 10-87. Appeals.
(a) If the chief refuses to issue a permit, or ,'yokes a permit, he shall send to the
applicant or permit holder by certified aail, return receipt requested, written
notice of his action and a statement of fl ~ right to an appeal. The applicant or
permit holder may appeal the decision of he chief to the City Manager by filing
with the City Manager a written request fo: a hearing, setting forth the reasons for
the appeal, within ten days after the receipt of the notice from the chief. The
filing of a request for an appeal hearing w [th the City Manager stays an action of
the chief in revoking a permit until l he City Manager, or his designated
representative, makes a final decision. It a request for an appeal hearing is not
made within the ten-day period, the action of the chief is final.
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(b) The City Manager, or his representative, shdl serve as hearing officer at an appeal
and consider evidence by any interested person. The formal rules of evidence do
not apply at an appeal hearing and the hca :ing officer shall make his decision on
the basis of a preponderance of the evi~tence presented at the hearing. The
heating officer shall affirm, reverse, or ~nodify the action of the chief. The
decision of the heating officer is final as to administrative remedies with the City.
Section 10-88. False alarm notification.
(a) Except as otherwise provided, each false alarm notification omitted from any
alarm system, afer the third false alarm response (fifth, as to a false burglar
alarm) within any 12-month period, shall o ,nstitute a violation of this Article.
(b) If a person notifies the chief and applies fo' an alarm system permit before a new
alarm system is put into seaMce, any fals~ alarm notification during the first 30
days after the system is put into service wil not be counted in determining when a
violation exists.
(c) If the responding officer determines that an alarm notification was caused by
smoke or fzre, unauthorized intrusion, atte npted unauthorized intrusion, robbery
or an attempt to take a person hostage, the t notification will not be counted as a
false alarm.
(d) A false alarm system notification will m ~t be counted in determining when a
violation exists if the permit holder can pr >ye to the satisfaction of the City that
the alarm notification was the result of a severe weather condition that caused
physical damage to the alarm site, or the re,, .ult of the malfunction of the telephone
lines for the transmission of alarm signals proof of the latter being documented
upon the telephone company work orders c r time-stamped records from the alarm
company showing the period of interrupted service.
(e) Except as otherwise provided in subsectio~ ~ (a)-(d) above, the holder of an alarm
pemfit shall pay a service fee according t ) the Schedule of Fees, Exhibit 1, for
each false alarm notification emitted from each alarm system that is in excess of
three false alarms (five, as to false burglar darms) within any 12-month period.
(f) Failure to pay the service fee described in ~ubsection (e) above shall result in the
revocation of the alarm permit.
Section 10-89. Violation; penalty.
(a) A person commits an offense if he viol ttes by commission or omission any
provision of this Article that imposes upon aim a duty or responsibility.
(b) A person who violates a provision of this .~ rticle is guilty of a separate offense for
each day or portion of a day during whicl~ the violation is committed, continued
or permitted, and such violation is punisl ruble by a fine of not more than the
maximum allowed by state law.
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(c) In addition to prohibiting or requiring c ,rtain conduct of individuals, it is the
intent of this Article to hold a eorpon tion, partnership, or other association
criminally responsible for acts or omiss ons performed by an agent acting on
behalf of the corporation, partnership, or other association, and within the scope
of his employment.
Section 10-90. Exceptions.
(a) This Article shall not apply to alarm sys :ems operated by local, state or federal
government entities.
(b) A fire alarm notification will not be corm Ied in determining a violation when the
event occurred due to an honest mistake r a reasonable person thinking that there
/satire.
(c) The criminal act of malicious false alan ~ as defined in the fire code and Texas
Penal Code will not be applied in determi xing a violation of this Article and shall
be prosecuted as prescribed by law.
Sections 10-91 through 10-94. Reserved.
II
Severability. The terms and provisions of tltis Ordinance shall be deemed to be
severable and, if the validity of any action, subsect~ semence, clause or phrase of this
Ordinance shall be declared to be invalid, the same shdl not affect the validity of any other
section, subsection, sentence, clause or phrase of this Ordinance.
That all ordinances or parts of ordinances in c. inflict with this Ordinance are hereby
repealed. Specifically repealed is ordinance No. 0 2-~- :'3
Approved on first reading the.2-/fflay of ~//~ Ca/tot. 2003.
PASSED, APPROVED AND ADOP
2003.
Ma~or, Cit Of Scbertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(SEAL OF CITY)
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EXHIBIT 1
Alarm Permit Fee: $5.00 Residential
Alarm Permit Fee: $25.00 Tier 1 Commercial
$50.00 Tier 2 Commercial Site Alarm .~ ystem
required under Local, State or National Code
Alarm Service Fee:
(other than Burglar Alarms)
$100.00 fouah false alarm within any 12 .month period
$150.00 fifth false alarm within any 12-r tonth period
$200.00 sixth false alarm within any 12-1 aonth period
$250.00 seventh false alarm within any 12-month period
$500.00 eighth (and thereafter) false alar ns within any 12-munth period
Burglar Alarm Service Fee:
$ 50.00 sixth (and thereafter) false burgl ~r alarm within any 12-month period
200468~ ~.2 Exhibit 1