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2002M23-REVISE CHAP 10 ART 5 ORr INANCE NO. ~_- AN ORDINANCE BY THE CITY COUNCIL OF THE ~ITY OF SCHERTZ, TEXAS PROVIDING THAT THE COl'E OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AME ~IDED BY DELETING CHAPTER 10, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE V, ALARM SYSTEMS, FALSE ALARMS, SECTIONS 10-81 THF',OUGH 10-94 AND REPLACING SAME WITH A REIrlSED CHAPTER10, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE V, ALARM SYSTEMS, FALSE ALARMS, SECTIONS 10-81 THROUGH 10-94; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A FEPEALING CLAUSE, SPECIFICALLY FOR ORDINANCE NO. 85-M-5. BE IT ORDAINED BY THE CITY COUNCIL )F THE CITY OF SCHERTZ, TEXAS: THAT, Chapter 10, Miscellaneous Off( ~ses and Provisions, Article V, Alarm Systems, False, Alarms, Sections 10-81 hrough 10-94, be amended as follows: ! Section 10-81. Definitions. The following words, terms and phrases, when u ed in this Article, shall have the meanings ascribed to them in this Section, ex,:ept where the context clearly indicates a different meaning: Alarm notification: means a notification int~=nded to summon police/fire services, which is designed either to be initiated )urposely 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 Iocatior (one street address) served by an alarm system or systems that are under the c( ,ntrol of one owner. Alarm system: means a device or system th ~t emits, transmits, or relays a signal that is intended to notify police or fire of an unauthorized intrusion, attempted unauthorized intrusion, robbery, attem )ted robbery, an attempt to take a person hostage, or a fire alarm and, is inter ded to summon, or that would reasonably be expected to summon, public safet t services of the City, including, but not limited to, local alarms. Alarm system d( ~s not include: (1) An alarm installed on a vehicle unl ss the vehicle is permanently located at a site. (2) An alarm designed to alert only the inh abitants of the premises having the alarm system and which does not ~ave a broadcast system. Broadcast alarm: means an alarm system tha emits a signal at an alarm site that is audible or visible from the exterior of a stru :ture. Chief: means the Chief of Police of the City or hi authorized representative. Fire alarm: means any system or device that is ~ermitted and installed to meet the minimum standards of the Schertz Fire Cod and appropriate national and state requirements and designed as an automat communication device giving early warning of smoke, heat, fire, suppression~stem activation, and trouble, including the notification of a U.L. listed approved central monitoring station. Fire Marshal: means the Fire Marshal for the ity of $chertz or his authorized representative. Permit holder or person in control: means t[ ~ person designated as such in the application for an alarm permit or the p,=rson who is responsible for responding to alarms on behalf of the applicant a~ ~d giving access to the site and who is responsible for proper maintenance and operation of the alarm system and payment of fees. Such person must be at lea st 18 years of age. Person: means an individual, corporation, partn( rship, association, organization or similar entity. Section 10-82. Proper alarm system operatio;~ and maintenance. (a) A permit holder or person in control of an alarm system shall: (1) Maintain the premises containing a } alarm system in a manner that assures proper operation of the alarm sy,,~tem; (2) Maintain the alarm system in a manr er that will minimize false alarm notifications; (3) Respond to or cause a representatiw ~ to respond within a reasonable period of time, which period shall be designated by the City, when requested by the City to repair or ins ctivate a malfunctioning alarm system, to provide access to the premis .~s or to provide security for the premises; (4) Not manually activate an alarm fc~r any reason other than the occurrence of an event that the alarm sys leto was intended to report; and (5) Notify the police department corem ~nications prior to activating a security or fire alarm for maintenance pur ~oses; (6) Notify the fire department and U.L. Ii ~ted central station prior to any fire drills or tests that may or may not ca~ ~se the activation of a fire alarm system. (b) A permit holder or person in control of ~ security or fire alarm system shall not utilize any alarm system which causes an audible signal to be emitted continuously or intermittently fcr more than 30 minutes after being activated or which emits a subse¢ uent alarm without being reset which would constitute a nuisance and a iolation 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 re lying intermediary that does not comply with the requirements of this Artic e and any other Chapter of this Code, any rules and regulations promulg~ ted by the chief or Fire Marshal or, for a security fire alarm system thai is not licensed by the Texas Board of Private Investigators or private s, .~curity agencies. (d) A permit holder or person in control of a~ alarm system shall maintain a complete set of written operation instrL ctions for each alarm system at each alarm site. Special codes, combi ~ations, or passwords must not be included in these instructions. Section 10-83. Direct alarm reporting: automatic alarm notification prohibited. An alarm system which transmits automatic a arm notification directly to the communications center of the police departmenl is prohibited, except for such systems currently in place on date of adoption [ ereof and to the original permit holder hereunder, or as authorized in Section 10-34 hereof. Section 10-84. Protection of financial instituti, )ns. (a) A financial institution required to have a security/fire alarm system pursuant to the provisions of the Bank Pr )tection Act of 1968 (12 U.S.C., Section 1882) may install, with the permission of the chief, 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 Article must be met. The financial in~ ;titution shall execute a letter of agreement with the City permitting the installation of all necessary equipment on an indicator panel montored in the communications division of the police department. The in= ;tallation must be accomplished at the financial institution's expense. (b) The financial institution shall pay an ant ual fee to be determined by the City for each indicator. The chief shall ha~ e the right, at reasonable times and upon oral notice, to inspect the al-' rm system at the alarm site and require necessary repairs or improvements. If the chief finds that the alarm system continually fails to opera'e properly, or to be operated improperly, he may terminate the privlege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipmer at the expense of the financial institution. (c) The financial institution, at its own expe ~se, shall make arrangements to provide service for the alarm syste~n on a 24-hour basis, seven days a week. In no event shall the Cib' become liable for charges for · repair and maintenance. (d) The financial institution may cancel its agl eement with the City any time by giving the City written notice throu[ h the chief, and at its own expense, remove the equipment and ind cators from the monitor panel in the communications center. (e) The chief may require any change, mo~lernization, or consolidation of alarm signaling equipment that he dee~s advisable. In no event shall the City become liable for changes for th~ ~se requirements. (f) Instead of direct lines, a financial instituton may report burglaries and robberies by transmissions through an alarm reporting service using special equipment designated by the chie Section 10-85. Alarm system permits. (a) Permit required. A person commits an ¢ fense if he operates or causes to be operated, an alarm system without an alarm system permit issued by the chief. A separate permit is requir6 d for each street address. The fee for each permit shall be according to t~ e Schedule of Fees, Exhibit 1, and shall be renewed. (b) Form of application. (1) Application for permits required by ti ~e provisions of this Article shall be filed with the chief on a form provided by the chief. If the applicant is an individual, the application shall be sL bscribed and sworn to by such person. If the applicant is an individual ~ ho does not reside, operate any business, or is not employed within Ire state, or in the event the applicant is a firm or partnership and no owner or general partner resides, operates a business or is emp oyed within the state, then the applicant must also be subscribed and s ~orn to by the individual having the authority and responsibility for the m~lnagement and operation of the business within the state. If the al)plicant is a corporation, the application shall be subscribed and sw~rn to by at least one principal corporate officer. If the applicant is ~ corporation and none of its principal corporate officers are respon:;ible for the management and operation of the business within the sta' e, the application shall also be subscribed and sworn to by the indivdual having the authority and responsibility for the management and ~eration of the business within the state. (2) If the applicant is a corporation, the ;~pplication shall specify the date and place of its incorporation, the Ioca ion of the applicant's principal place of business, a list of the principal corporate officers and the business address, residence address ar id the office or position held by each principal corporate officer. (3) If the applicant is a partnership, tte application shall specify the location of the applicant's principal pla~e of business and the names, business addresses and residence addrEsses of each partner. (4) The application shall include the following information for each individual required to subscribe and swe~ r to it: (a) The individual's full name, bLsiness address, and residence address. (b) The individual's residence and bu,, iness telephone number. (5) Each permit application must contain the following information: (a) The address of the location of the; ~larm site; (b) A description by brand and get 9ral type of the alarm system stating the manner in which the alarm will be given, and if the alarm is to be transmitted to as central office, the name, address and telephone number of the operator of the central offi¢ e; (c) Classification of the alarm syst .~m site as single family, multi- family or commercial; (d) Any other information required by 1 he chief, which is necessary for the enforcement of this Article. (6) Owners/operators of fire alarm syst~,ms, in a commercial business, medical, institutional and multi-farrily occupancy, the alarm not being part of a security system, ar e required to hold a valid fire marshal's annual permit instead of a permit issued by the police department. (c) Permit issuance or denial. Upon recei ~t of a completed application form, the chief shall issue an alarm s/stem permit to an applicant unless the applicant: (1) Has had an alarm system permit for t3e alarm site revoked and the violation causing the revocation has not ~ een corrected. (2) Has made false statement on the apl,lication of a material matter; (3) Committed any act, which if commi' ted by a permitee, would be grounds for the revocation of a permit un, ler this Article. (4) VVhile not permitted, knowingly and ~ illfulty committed, or aided and abetted in commission, of any act for whi( h this Article requires a permit. (d) Transfer andamendments. An alam~ system permit cannot be transferred to another person. A permit holder shall inform the chief of any change that alters any information Ii., :ted on the permit application within two business days. No fee will be assessed for such changes. (e) Fees paid. All fees owed by an applicalt must be paid before a permit may be issued or renewed. (f) Permit renewal. A permit for an alarrr system is valid for one year. A permit will be revoked for non-rene~ fal upon 30 days written notice from the chief to the permit holder. Section 10-86. Revocation of alarm system p~rmits. (a) The chief shall revoke an alarm system p~,rmit if he determines that: (1) Thero is a false statement of a mater al matter in the application for permit; (2) The permit holder has violated any pr( ~visions of this Article. (b) A person commits an offense if he operate~s an alarm system during the period in which his alarm permit is revoke, Section 10-87. Appeals. (a) If the chief refuses to issue a permit, or 'evokes a permit, he shall send to the applicant or permit holder ~' certified mail, return receipt requested, written notice of his action nd a statement of the right to an appeal. The applicant or permit hok may appeal the decision of the chief to the City Manager by filing ~ith the City Manager a written request for a hearing, setting forth the ~asons for the appeal, within ten days after the receipt of the notice frorr the chief. The filing of a request for an appeal hearing with the City Mar ager stays an action of the chief in revoking a permit until the Cit) Manager, or his designated representative, makes a final decisio~ . If a request for an appeal hearing is not made within the ten-day aeriod, the action of the chief is final. (b) The City Manager, or his representative shall serve as hearing officer at an appeal and consider evidence by ar f interested person. The formal rules of evidence do not apply at an ~ppeal hearing and the hearing officer shall make his decision on the )asis of a preponderance of the evidence presented at the hearing. 'he hearing officer shall affirm, reverse, or modify the action of the ct' ef. The decision of the hearing officer is final as to administrative reme¢ les with the City. Section 10-88. False alarm notification. (a) Except as otherwise provided, each fal.~ e alarm notification omitted from any alarm system, after the third false alarm response within any 12- month period, shall constitute a violatior of this Article. (b) If a person notifies the chief and app les for an alarm system permit before a new alarm system is put into service, any false alarm notification during the first 30 days afl ~=r the system is put into service will not be counted in determining when a violation exists. (c) If the responding officer determines :hat an alarm notification was caused by smoke or fire, unaLthorized intrusion, attempted unauthorized intrusion, robbery or an altempt to take a person hostage, that notification will not be counted as a false alarm. (d) A false alarm system notification will rot be counted in determining when a violation exists if the permit hol~ Jer can prove to the satisfaction of the City that the alarm notification wa~; the result of a severe weather condition that caused physical damage t~ ~ the alarm site, or the result of the malfunction of the telephone lines for the transmission of alarm signals, proof of the latter being doc~lmented upon the telephone company work orders or time-stamped r~ ,cords from the alarm company showing the period of interrupted service (e) Except as otherwise provided in subseclions (a) - (d) above, the holder of an alarm permit shall pay a service f, ;e according to the Schedule of Fees, Exhibit 1, for each false alarm notification emitted from each alarm system that is in excess of thr,;e false alarms within any 12- month period. (f) Failure to pay the service fee describe:l in subsection (e) above shall result in the revocation of the alarm pern Section 10-89. Violation; penalty. (e) A person commits an offense if hE violates by commission or omission any provision of this Article th at imposes upon him a duty or responsibility. (b) A person who violates a provision of th is Article is guilty of a separate offense for each day or portion of a c~ay during which the violation is committed, continued or permitted, and s Ach violation is punishable by a fine of not more than the maximum allow .~d by state law. (c) In addition to prohibiting or requiring ce rain conduct of individuals, it is the intent of this Article to hold a col )oration, partnership, or other association criminally responsible for act. or omissions performed by an agent acting on behalf of the corp)ration, partnership, or other association, and within the scope of his mployment. Section 10-90. Exceptions. (a) This Article shall not apply to alarm s) rems operated by local, state or federal government entities. (b) A fire alarm notification will not be coL~nted in determining a violation when the event occurred due to an 3nest mistake of a reasonable person thinking that there is a fire. (c) The criminal act of malicious false alarr s as defined in the fire code and Texas Penal Code will not be applied determining a violation of this Article and shall be prosecuted as by law. Sections 10-91 through 10-94. Reserved. Severability. The terms and provisions of this £ rdinance shall be deemed to be severable and, if the validity of any action, subse ,'ting sentence, clause or phrase of this Ordinance shall be declared to be invali, J, the same shall not affect the validity of any other section, subsection, senti;rice, clause or phrase of this Ordinance. IV That all ordinances or parts of ordinances in L:onflict with this Ordinance are hereby repealed. Specifically repealed is Ordina~ ice No. 85-M-5. Approved on first reading the/'~/day of ~..~ ~.1.~ 2002. PASSED, APPROVED AND ADOPTED this the g~-//day of (~.,~'-~.t., 2002. ATTEST: City of Schertz, Texas (SEAL OF CITY) EXHIBIT 1 Alarm Permit Fee: $5.00 Residential Alarm Permit Fee: $25.00 Tier 1 Commercal $50.00 Tier2 Commercal Site Alarm System required under Loc ~1, State or National Code Alarm Service Fee $100,00 fourth fal.~ alarm within any 12-month period $150.00 fifth false larm within any 12-month period $200.00 sixth falsE, alarm within any 12-month period $250.00 seventh tlse alarm within any 12-month period $500.00 eight or ~ ore false alarms within any 12-month ~eriod "· THE STATE OF TEXAS, County of Guadalupe.-- Before me, the undersigned authority, on this' date p( rsonally appeared _ ?or, my Cra~, " , known'to me, ~/ho, being by me duly sworn, on his oath deposes and' says that he is the Publisher of The Seguin Gazette-Enterprise, a .. newspaper PUlalished in said county; that a'.copy of th~ within and foregoing notice was published in said newspaper~ time(s) before the 'etum day named therein, such publications being on the following dates: ~tCL~4, 2002 and a newspaper copy of which is hereto attached. Sworn to.and subscribed before me this ..~/'~.~ -- /(~/~ AD dayof · - - ·., 2002 ~"~ CAROL ANNAVER¥ ~ ~ ~y"yC°m~issl~ir~08-31.2004 > Nota~ Publ[~,, Guadalupe County, Texas 117 104GUAqALUPE HUGE cellaneous offenses right to reclaim these ve Center RIVER DR. Fri. 9-6, ESTATE/CLOSED and provisions, Article vehicle within the time family Sat. 9-1, boat, mtr, trl, ANTIQUE SHOP v, alarm systems, false provided shall ea some turn. & c~shes SALE alarms, Sections 10-81 deemed waiver by the iLL LN cflildreos-toys & OSeKS Oct. 3'6. 9:00-5:00 An- through 10-94. Provid- owner and/or all I~er .. & mucl' 80 adult PUZZleS 25¢ edue turn., kitchen, nga penalty clause: holders of all nght, title ' 10~ MULBERRY LN WELLS CARGO TRLR repealing clause, the disposal of me N TRAIL 8-1. lots In the SMI ama Sal 9-3 Camser Top, dbl w~ae abandoned vehicles. es shoes. Nic Nacs lamps, can- mobile. Take 90A to FM Approved on first reae- processor, tile making stuff, paper 1117. R. on 1117 cross ng the 1st day of OCt(> SANDYPIPER 0ack~,. ~arrot toys & FM 466. R on Oak bor, 2002. Coda Enforosmant ~INERT eqJp, & more.no early Tree.. L. on Blue S~rr.. Officer birds & cash on y L o~ Hickory Forrest, NormaAithouse. C~ofSeguin, Texas 9-3. Hele follow signs. City Secretary (830) 401-2438 going on 107 REILEY RD NO EARLY BIRDS las. Sai & Sun 9-2 Furn Nof forchi~dren NOTICE OF ORDINANCE NO. ABANDONED 02-F-22 GSBURY toys, Clothes, books NEED VEHICLE By the City Counc~ of )gion Hail. videos. 2 boats. '77 DEADENES A 1976 Dodge Van the City of Scheff;z 5th. 8-2. chevy4x4, goodpdcas. Belo~plecbgyoured?Cail Texas License Texas providing t~at sale. Over 417 WALLACE 379-5441 ext. 201 or203. ~WVBY39K. and a 1978 the code of Ordlnancea Sat. 9-5 Huge faro. Mazda. Texas License of the City of Saheffs iF LIFE sale. W/M/C clothing, # NHL 51B was at)an. Texas be amanded by 3545 N. Household items toys, 0onecl at and ~s Ioceted revising Chapter 19. ~ass. Lots and tots more. AN st 305 W. Kingsbury water waste water and Saturday ~'~*~4 HUBER RD By the City Council of St.. Lot 58, 59 BIk. 285. waste disposal, exhibit · 1. Sat. 9-6 rum. ansauas. ,the City of Schertz Farm Addition. These 10, schedule of current 'SALE collect, g~aasware. Texas, erovidihg that vehidse are in violation capital recovery fees: ..Cheal>. m,p. wers, _. {~rc~ wel._da~ City .of Sehertz. Texas VII of the Code of Ordi- date; providing a re- r~catgo!.' fi~hing~/~'e;~'~,g ~_~a~~'Tnb~ces of th~City-of~ ed~li~,~ea~-a~fde- ~ eduip.,cflain sews. fab- ~ng cllapter' lO/mi~l- Seguin. Texas. ' clanng an emergency. staffs 11- early birds provisions. Article V. The owner or lien hold- Passed, approved ano FAX -- alarm systems, false er ~s re~uasted to re- adoeted the 1st day of Dressing, 3~ FAIR alarms. Sections I0-81 claim this vehicle by October. 2002. & Dress- n Townwood Sat. 9-2 mrougn 19-94 and re- October ~- 2002. Fail- $6.00 cloths, misc& fum. vised Chaoter 10. m~s- holder to exemise their City Secretary THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, On this date pe 'sonally appeared Tom~.y Crow , known to me, 'ho, being by me duly sworn, on his oath deposes and says that he is the Publisher o The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of th, within and foregoing notice was published in said newspaper z time(s) before~thE retum day named therein, such publications being on the following dates: October 24~ 2002 Ordinance and a newspaper copy of which is hereto attached. Sworn subscribed before methis ~/-- da of ~ , A.D., 2001. ~,~/"/ ~o~ ~v~Ry ~ Nota~ Public, Guad un~, Texas ~,NOTICE OF SALE THROUeH ~0-e4 AND - STOR-MOR MINI REPLACINQ SAME (]RANT STORAGE wrm A REVISED Needed ~ln order to sattsly a CHAPTER 10, MJS- childrens -iandlord lein against its CELLANEOUS OF- 372-2144. ~,enants. Emesto Men- FENSES AND PROVI- SCHU ~oza #16, *Julie Ann StONS, ARTICLE V, ::H s,ngs #43. Jorgs ALARU SYSTa S. 210 - 250 U on. Rengel//52 will ~ the FALSE ALARMS, lng up to 20 ,~roben'y located in the SECTIONS 1~.81 ~bove rooms, STOR- TNROUGH 10-94; end *outdoor "'MGR. 1018 Tabernacle PROVIDING A PENAL- and St./202 Cherry St., Se- TY CLAUSE; PROVID- $6.50/hr. ~luin, Texas. The prop- lNG A SEVERABILITY erty will be sold at pub- CLAUSE; AND PRO- FREE KrTTENS work starts Different ages & coors. 11.03· Itc sale at 4:30 p.m., VIDING A REPEALING October 25 2002 at CLAUSE~ SPEClFI- Very friendly. 303-2969 STOR-MOR MINI CALLY FOR ORDI- Call after 6Dm. Seguin. '~,~TORAGE. NANCE NO. ~M-S. TO GIVE AWAY Room ~ NEED DEADUNES MEde puppies, 7 wk~ Texas Bel(xepiad~gyourad?Call Passed, Approved ~ old. Healer & Dober- JO#TX1181( ~79-5441,ext. 201/203. Adopted the15th day of man pincher mix 830- October2002. 379-2349 pm only or ~. AN ORDINANCE ~ave Norms Althouse, C~ty BY THE CITY OF Secretary WE NOWACCEPT Detatl wort ~COUNClL OF THE MsaterCard, Viso, AmerJ- prop. & CITY OF $CHER17.., NOTICE OF can Express & Discover Frank's ,,~TEXAS PROVIDING INTENTION TO Card on all ads 830:379-7224 ~HAT THE CODE OF FORM A LIMITED 379-5441. ~DRDINANCES OF LIABILITY THE crrY OF COMPANY SCHERIZ, TEXAS BE Call AMENDED BY REVl- Notiae is given that Ja- .~NG SECTION 18-32, mie R Mo0rhsad d~Va 'STOP INTERSEC- JP Moorhaad General ~TIONS-DESIGNATED- Contracting, a s~e pro- Growing GENERALLY ON SPE- pfietorship, whosa p~n- ance ~CIRC SI~REETS; AND clpal business office is Bmunfels ~PROV DING A RE- 208 Woodcreek, sansed ~-pEAUNG CLAUSE McQueeney, Guada-310 - 360 CS . lupe County, Texas '.~proved on th~ tim 781~3, intends, on or ~reading 15th day of Oc- before September 4, tober2002. 2002, to become JP Moorhead General Norma Althouse, City Contracting, LLC, a LUUNG CARE a~ has an opening for Secretary Texas limited liability CENTER tam Manager = ~R~DiNANCE ~ ~' company. Looking for the dght ;n-' guin '~' 02-M-23 '~ Dated:Sept. 4,2002 dividuEd to Join our team. We have a peal- nence tion for an RN DON, necessmy but BY THE CITY COI~ Jamia P. Moodlsad compet t ve salary and Excellent sta~tng CIL OF THE ClT~ OF d/b/a benefits. Apply at 501 tribute to our SCHERTZ, TEXAS JP Moorhead GenerEd W. Austin SL with a complete PROVIDING THAT Contracting Luling, package ~-THE CODE OF ORDI- Texas. tirement NANCES, Cr~Y OP THE WCC ~HER1Z, TEXAS BE LOCKHA~Fr 206 s. Austin :~,gtDED BY DELET- iNG CHAPTER ~0, FOUNDCOCKATIB. MEDICAL TEAM --MISCELLANEOUS (830)629,2031 or Needs a full time LVN ~UFFENSF_S AND PRO- (830)822-8462. for the night shift. No correctional experience ,','VISIONS, ARTICLE V, LOST SIAMESE reduimd, competitive ~ ~LARM SYSTEMS, cat, Hwy 90 Dsarwoed salary, sign on bonus, · 4=ALSE ALARMS, Cir. Sub. call 830-372- and shift differential. ,' ~ECTIONS 10-81 3045 Call (512)398-3480 ,sew. EOE