HomeMy WebLinkAboutOrdinance No. 715 CITY OF THE COLONY~ TEXAS
ORdinaNCE
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF THE COLONY~ TEXAS BY AMENDING
CHAPTER 13 BY ADDING ARTICLE V RELATING TO
ALARM SYSTEMS; PROVING DEFINITIONS; REQUIRING
A PERMIT OF CERTAIN ALARM SYSTEM USERS;
PROVIDING SERVICE CNARGES FOR FALSE ALARMS;
PROVIDING FOR SUSPENSION OF A PERMIT;
REGULATING ALARM REPORTING AND OPERATION;
PROVIDING FOR PROTECTION OF FINANCIAL
INSTITUTIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
FIVE HUNDRED $500.00) DOLLARS FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY~ TEXAS:
Section 1 . That Chapter 13 is hereby amended by adding the
following:
ARTICLE V
Alarm Systems
SECTION 1 . DEFINITIONS.
For the purpose of this chapter~ the following terms have the
definitions herein ascribed to them:
A. Alarm Site a premises or location served by a general
alarm system.
B. Alarm System - means a device or system that transmits a
signal intended to Summon police of a municipality 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.
C. Burglar/Intrusion Alarm Notification - notification
intended to summon the police, which is initiated or triggered
manually or by a stimulus characteristic of unauthorized intrusion.
D. City - The City of The Colony~ Texas.
E. Commercial Unit - Any business establishment.
F. Director means the Chief of Police or his authorized
representative.
G. Emergency Medical Assistance Alarm Notification - A
notification intended to summon emergency medical assistance from
the City.
H. False Alarm Notification - A false police alert, false
burglary alarm notification, or false emergency medical assistance
alarm notification, but sbalI not include a false robbery alarm
notification.
I. False Burglar/Intrusion Alarm - An alarm notification to
the police when the responding officer finds no evidence of
unauthorized intrusion or attempted unauthorized intrusion.
J. Fal'se Robbery Alarm Notification A robbery alarm
notification to the police when the responding police officer finds
no evidence of a robbery or attempted robbery.
K. Fire Alarm Notification - 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 physicalS° characteristics of fire.
L. General Alarm System - a device or system that transmits
or relays a signal~ indirectly~ othe~ than by community antenna
television cable~ intended to summon emergency police, fire or
emergency medical assistance services of the City.
M. Governmental Unit - any tax supported entity or
structure, including public buildings.
N. 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 the
police department or the deterring or apprehension of an intruder.
O. Permit - means a certificate, license, permit, or other
form of permission that authorizes a person to engage in an action.
P. Permit Holder - the person who bas received an alarm
permit and is directly responsible for management and control of
the alarm site. In any multiple-family dwelling unit (more than 4
dwelling units per building), the permit holder shall be the owner
of the premises or his authorized '
representative but not the
individual multiple-family dwelling unit occupant.
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Q. Person - any corporation, partnership or individual
association, organization, or similar entity.
R. Police Alert Alarm Notification - an alarm notification
which does not differentiate between burglar/intrusion and robbery
but is intended to summon the police whenever a real and immediate
threat to life exists.
S. Site - the premises upon which the alarm notification is
locate; multiple-family dwelling units (more than 4 dwelling units
per building) site shall mean the entire complex at any location
where all units are under single ownership or management.
SECTION 2 PERMIT REQUIRED~ APPLICATION~ TRANSFERABILITY~ FALSE
STATEMENTS
A. A person commits an offense if he operates or causes to
be operated an alarm system; or if he installs or causes to be
installed an alarm system, without first obtaining a permit from
the Director.
B. 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.
C. Any person in control of an alarm system which emits a
false alarm and which has not been permitted, Commits an offense
if he fails to obtain a permit from the Director within 30 days
from the date of the false alarm notification.
D. Upon receipt of the required fee and completed
application form, the Director 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.
E. 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. The street address of the property on which the alarm
system is to be installed and operated.
3. Classification of the alarm site as either residential,
commercial~ multi-family, or governmental unit.
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4. Any business name or title used for the premises on which
the alarm system is to be installed and operated.
5. The name of one other person to respond to an alarm in the
event the permit bolder is unavailable.
6. Any other information required by the Director which is
necessary for the enforcement of the Chapter.
D. An alarm permit cannot be transferred to another person.
However, the individual designated to ~espond to an alarm or relay
an alarm may be changed. A permit bolder shall inform the Director
of any change that alters information listed on the original permit
application. No fee shall be assessed for such changes.
E. Any 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
sufficient cause for refusal to grant, or suspension of, a permit.
SECTION 3. OTHER TYPES OF ALARMS
A. A person shall not install or maintain a general alarm
system except for the purpose of eliciting responses to
burglaries/intrusions, robberies, fires, water flow, or requests
for emergency medical assistance, unless specifically authorized by
the Director.
B. If innovations in alarm systems or other types of alarm
devices adversely affect emergency police services of the City, the
Director may promulgate rules and regulations in order to protect
the City's emergency police services.
SECTION 4. FEE FOR PERMIT
A non-refundable, one time fee of $35.00 is required for each
permit. One permit shall be required for each one hundred (100)
units of multiple-family dwelling unit complexes, where all units
are under single ownership or management.
SECTION 5. SERVICE CHARGE
A. False Burglar/Intrusion Alarms
]. If within the first twelve (]2) month period of the
date of issuance of a permit, and within all successive twelve (12)
month periods, five false burglar/intrusion alarms are emitted from
either a residential, commercial or multiple-family unity the
Director shall assess the permit bolder in control of that alarm
site a $50.00 fee for each subsequent false burglar/intrusion alarm
notification emitted from the site within said ]2 month period.
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2. In multiple-family dwelling unit complexes, after two
(2) false robbery alarms or five (5) of any other type of false
alarm notifications, are emitted from the complex within any
calendar month~ the Director shall assess the permit holder in
control of that alarm site a $50.00 fee for each subsequent false
alarm notification emitted from the alarm site within said twelve
(T2) month period.
3. No service fee shall be assessed against a
governmental unit; however, a warning notice shall be issued in
writing for each false alarm emitted which exceeds five (5) false
alarms in any calendar month.
B. Time Limit to Pay
A permit holder shall pay a fee assessed under this
Chapter within thirty (30) days after mailing of notice that fee
has been assessed. The Director may suspend or refuse to renew a
permit for failure to pay the fee assessed.
C. Exemption from Charges
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 man-made catastrophe or
other situation specifically exempted by the Director.
SECTION 6 PROPER ALARM SYSTEM OPERATION AND MAINTENANCE
A. A permit holder shall:
T. Cause an adjustment to be made to the sensory
mechanism of his alarm system in order to suppress false
indications; and
2. maintain premises containing an alarm system in a
manner that enables proper operation of the alarm system.
B. No alarm permit holder shall activate the alarm system to
send an alarm notification to the police for test purposes, unless
the alarm permit holder first notifies the Director 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.
SECTION 7. RESET REQUIRED
A. A user of a general 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
alarms/~O-2-91/revision 5
will not automatically resound, unless there is an outside stimulus
characteristic of an unauthorized intrusion.
B. All local alarms shall be equipped with a device that
silences or resets the local alarm after a twenty (20) minute alarm
sounding period.
SECTION 8. SUSPENSION OF PERMIT, REINSTATEMENT AFTER SUSPENSION
A. The Director may suspend or refuse to renew a general
alarm system permit for any violation of this Chapter.
Bo The Director may suspend or refuse to renew an alarm
permit if a general alarm system generates more than one robbery
alarm when used to report an offense other than a robbery in any
twelve (12) month period.
C. The Director may suspend or refuse to renew an alarm
permit if there is a false statement of a material matter in the
application for a permit.
D. The Director may suspend or refuse to renew an alarm
permit if:
1. A general alarm system from a residential,
commercial, governmental unit exceeds two (2) false
robbery alarms, or five (5) of any other type of false
alarm notifications in any twelve (12) month period.
2. If a general alarm system in multi-family dwelling
unit complexes exceeds four (4) false robbery alarms, or
twelve (12) of any other type of false alarm
notifications in any twelve (12) month period, per one
hundred (100) units.
E. 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 Director determines that the alarm system
is likely to be maintained and operated in a responsible manner in
accordance with the provisions of this Chapter. No fee is required
to reinstate a suspended or non-renewal permit.
SECTION 9. INDIRECT ALARM REPORTING
A person who is engaged in the business of relaying alarm
notifications to the City shall:
A. Send notifications of an alarm to the City by human
operator, unless such notification is by a direct computer
terminal.
B. Keep his business premises in compliance with State law.
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C. Allow an inspection of his business premises by the
Director or representative.
D. Report alarms only over a special telephone number, or
numbers designated by the Director.
E. Send alarm notifications to the City in a manner and form
determined by the Director.
SECTION 10. RECORDED MESSAGE ALARM NOTIFICATION PROHIBITED
Following the effective date of this Chapter, 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. All
permits issued prior to passage of this Chapter for these type
system will be valid, and the user will be in compliance for a
period of one year after the date of Chapter passage, providing all
other requirements of this Chapter are complied with.
SECTION ] ]. PROTECTION OF FINANCIAL INSTITUTIONS
A. A financial institution required to have an alarm system
pursuant to the provisions of the Bank Protection Action of 1968
(12 USC, 1882) shall install that alarm system to an indirect alarm
reporting agency for the purpose of reporting burglaries, robberies
and fires. The alarm system may be of a local nature also.
B. The Director 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
Director finds that the alarm system continually fails to operate
or be operated to his satisfaction~ he may terminate the permit.
SECTION 12. PENALTIES
It shall be unlawful for any person as herein defined to
violate any of the provisions of this Chapter, and any such 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 not to exceed five hundred dollars ($500.00).
SECTION ]3. SEVERABILITY
If any section, article~ paragraph~ sentence~ clause, phrase
or word in this ordinance, or application thereto any persons or
circumstances is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding sha~ll not affect the validity
of the remaining portions of this ordinance; and the City Council
hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
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SECTION ]4. EMERGENCY
The fact that the present ordinances and regulations of the
City of the Colony, Texas, are inadequate to properly safeguard the
health, safety, morals, peace, and general welfare of the
inhabitants of the City of The Colony, Texas, creates an emergency
for the immediate preservation of the public business~ proper~y,
health, safety~ and general welfare of the public which requires
that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
PASSED A~D APPROVED by the City Council of the City of The
Colony, Texas on this the 14t~y of O~ober, ]91].
r
ATTEST:
Patti A. Hicks, CMC
City Secretary
APPROVED AS TO FORM:
City Attorney
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