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HomeMy WebLinkAbout1988-1301802L ORDINANCE NO 'I30 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THROUGH 15 OF ARTICLE IIGOF rCHAPTERPTER 3 3]TINCLUDE -1/2 ALARMSYSTEMS" ESTAB- LISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS WITHIN THE CITY, PROVIDING DEFINITIONS, REQUIRING A PERMIT FOR USERS OF ALARM SYSTEMS, PROVIDING FOR ISSUANCE OF PERMITS, PROVIDING FOR SERVICE CHARGES FOR FALSE ALARMS, PROVIDING FOR DENIAL AND SUSPENSION OF PERMITS, REGULATING ALARM REPORTING AND OPERATION, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY NOT TO EXCEED $500 00, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Fire and Police Chiefs of the City of Denton have determined the necessity of establishing regulations for the use and operation of alarm systems within the City and, together with the City Manager, have recommended the establishment of such regu- lations, which recommendations the City Council hereby approves and adopts, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON SECTION I That the Code of Ordinances of the City of D n one Texas s ereby amended by adding a new Chapter 3-1/2 , entitled 'Alarm Systems", which establishes regulations for the use and operation of alarm systems within the City, which said Chapter shall read as follows ARTICLE I DEFINITIONS Sec 3 1/2-1 Definitions (a) ALARM SYSTEM means a device or system that transmits or relays a signal intended emergency services of the City, as illustrated by, bunt limited to local alarmsAlarmsystm does not include (1) An alarm installed on a vehicle unless installed at a permanent site, (2) An alarm designed to alert only the inhabitants of a premises, nor (3) An alarm installed upon premises occupied by the City (b) ALARM SITE means a premises or location served by an alarm system (c) BURGLAR 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 (d) DIRECTOR means the Chief of Police, the Chief of Fire Department or their authorized representatives (e) EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means a notification intended to summon emergency medical assistance from the City (f) FALSE BURGLAR ALARM NOTIFICATION means a burglar alarm notificaoncer finds no evidencetiof tuna unao the uthorized, edolice� intrusion when the rorpoatning fitemptedunauthorized intrusion (g) FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means an emergency medical assistance alarm notification to the Fire finds no evidence ofen the need foremergencymedical Fire artment assistance personnel assistance (h) FALSE FIRE ALARM NOTIFICATION cation to the Fire Department, when ment personnel find no evidence of a need for Fire Department services means a fire alarm notifi- the responding fire depart - fire having occurred or of a (i) FALSE ROBBERY ALARM NOTIFICATION means a notification to the police, when the responding finds no evidence of a robbery (j) FIRE ALARM NOTIFICATION means a notification to the Fire Department intended to summon firefighting forces, which is ially by alarm system initiatedanor ty frtheered m norphysicalnchara characteristics of designed to a fire react (k) LOCAL ALARM means an alarm system that emits a signal at an alarsite tht ible from the structure and h sa as i its upurposerthe sexterior summoning f aid froma City department (1) PERSON means an individual, corporation, partnership, association, organization, or similar entity (m) ROBBERY ALARM NOTIFICATION is a notification intended to summon the system designed ito be purposely ce when a eactivated ry sby means of an alarm by a human robbery alarm police officer PAGE 2 ARTICLE II PERMITS Sec 3 1/2-2 Permit Required A person commits an offense if he operates or causes to be operated, an alarm system without an alarm permit issued by the director A separate permit is required for each type of alarm notification capable of being emitted from each alarm site other than a robbery alarm notification Sec 3 1/2-3 Application (a) A person shall make application for a permit for burglar and robbery alarms at the Denton Police Department A person a permit for fire and/or emergency shall make application for at the Office of the Fire Marshal, medical assistance alarms Denton Fire Department (b) Should an alarm system emit more appan lication for allp permits alarm notification, a person shall make the office of the Fire Marshal, Denton Fire Department Sec 3 1/2-4 Form of Application (a) If the applicant is an individual, the application shall be subscribed and sworn to by such person If the applicant is an individual and does not reside, operate any business or is not employed pithin the nt is a artner hi Sande no ownerthor general e event epartner caresides, firm or p P operates a business or is employed within the State, then t e application must also be subscribed and sworn to by the indivi- for the management dual having the authority and responsibility if the and cant operations a corporation m he businesswithin hallthe s be esubscribed applicant and sworn to by or at least one principal corporate officer If the application is a corporation and none of its principal corpo- rate officers are responsible for the management and dation operations rateof the alarm business within the State, the application the l havin he authority aandcswornribed and y also be responsibility themanagementvandaoperationtof the alarm business within the State (b) If the applicant is a corporation, the application shall specify the state and principal of its of businessn, ah of list aofonthe the applicant's p Pal Place , -residence principal corporate officers and the usinesfields by d each principal address and the office or position corporate officer s a partnership, the applicatiha ll (c) If the applicant iof specify the location of the applicant's principal place PAGE 3 business and the names, business addresses and residence addresses of each partner for eachTindividual requiredlto the fo s lowing is formation in (1) The individual's full name, business address, and residence address, (2) The individual's residence and business telephone number, and (3) The individual's date and place of birth (4) tenanceianduals reThe sponsible alarm system proper main - system (e) The application shall state the address site for the locationther residence multi -familyf the alarm sresiden ea stem anwhore commercialit sbusi esslsitemily Sec 3 1/2-5 Permit Issuance or Denial Upon receipt of a completed application form, the director shall issue an alarm permit to an applicant unless the applicant (a) has failed to pay a service charge fee assessed under Section 3 1/2-9, had an alarm ite the violation causingthe revocationralarm the has notbeenscorrected,ed and (c) has made a false statement of a material matter, (d) committed any act, which, if committed by a licensee, would be grounds for the revocation of a license under Section 3 1/2-16, or (e) while unlicensed, knowingly and willfully committed, or aided and abetted in commission of, any act for which a license is required by this ordinance Sec 3 1/2-6 Transfer An alarm permit cannot be transferred to another person How- ever, the individual designated to relay an alarm may be changed A permit holder shall inform the director ofany chanand es that alters information listed on the permit application ee shall be assessed for such changes PAGE 4 Sec 3 1/2-7 Other Types of Alarms (a) A person shall not install or maintain an alarm system except for the purpose of eliciting responses to burglaries, robberies, fires, 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 services of the City, the directors may promulgate rules and regulations in order to protect the city's emergency services Sec 3 1/2-8 Duration, Renewal A permit is issued for one year and must be renewed every year thereafter It is the responsibility of the permit holder to renew the permit prior to the expiration date Sec 3 1/2-9 Service Charge for False Alarms (a) The holder of a permit shall pay a fee of Fifty ($50 00) Dollars for each false burglar alarm notification emitted mitoalarm from an alarm site that is in excess of three (3)false burglar notifications within a twelve (12) period ve (b) The Dollarsholder forfeach permitefalse shall fire alarm notificationthatits ($75 00) false emitted from an alarm site that is in excess mo month three fire alarm notifications within a twelve (12) p (c) The director shall assess the permit holder of a robbery alarm a fee of Seventy-five ($75 00) Dollars for the first false robbery alarm notification, One Hundred ($100 00) Dollars for the and Two Hundred ($200s00)n Dollars for d false bthe third false bery alarm irobbery nalarm notification emitted from the alarm site within twelve (12) months of the first false robbery alarm notification (d) For purposes of this section, the twelve (12) month period shall begin on the date the permit is issued to the permit holder and thereafter on subsequent renewal dates In the event a permit is revoked shall begin when the erevocation isr Section 3 withdrawn e twelve withdrawn month (e) The director shall assess the permit holder of an emer- gency medical assistance alarm a fee of Fifty ($50 00) Dollars for each false emergency medical assistance alarm notification emitted from the alarm site PAGE 5 (f) A permit holder shall of after receipt assessed under this section within thirty (30) days has been assessed (g) The permit holder will be exempt from any fee charged for a false alarm notification which is later shown by the permit holder to either have been justified or which was due to a natural or manmade catastrophe or other situation specifically exempted by the director In addition, no fee shall be dcharged days under this section for thirty (30) of installation of an alarm system ARTICLE III ALARM SYSTEM OPERATION Sec 3 1/2-10 Reporting of Alarm Signals (a) A permit holder shall not report alarm signals through a relaying intermediary that does not meet the requirements of this chapter iand rules and regulations 1gated y the director orsnot licensed bythe Texas Board of Private Investigators and Private Security Agencies (b) A permit holder shall not report alarm signals through a designated emergency 911 telephone line Sec 3 1/2-11 Proper Alarm System Operation and Maintenance (a) A permit holder shall (1) cause an mechanism adjustment alarmemade systemtointhe sensory order to suppress false indications, (2) maintain premises containing r nfarm s stem the in a manner that insures proper operation alarm system, and (3) display in a prominent exterior location an identification notice provided by the director (b) A permit holder shall will (1) adjust no chanisso longer thanhat an 30 minutes aftl erbeing activated, or PAGE 6 (2) provide personnel within 30 minutes after being notified by the City, to reset the alarm system and provide access to the premises Sec 3 1/2-12 Manual Reset Required 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 or cause the adjustment of the mechanism so that smit inal andn wills notiotra smity another l alarm nsignal nlwithout alarmy one s firstbeing manually reset Sec 3 1/2-13 Inspection Upon reasonable notification, the Police Chief or Fire Chief or their designated representatives may inspect an alarm site and alarm system of a permit holder Sec 3 1/2-14 Indirect Alarm Reporting A person who is engaged in the business of relaying alarm notifications to the City shall (1) send notification of an alarm to the City by a human operator, (2) keep his business premises locked and secured at all times, (3) allow an inspection of his business premises by authorized representatives of the the Police and/or Fire Department at any time, (4) orp pnumbers designated by the sdirector, pecial telephone number and (5) send alarm notifications to the City in a manner and form determined by the director Sec 3 1/2-15 Direct Alarm Reporting A permit holder whose alarm system transmits automatic alarm notifications directly to the City over the normal telephone system shall (1) transmit in the form and content specified by the director, (2) transmit over special telephone lines designed for such use, PAGE 7 desin is notify mit (3) holder,h or system designated itwill identified e onthe permit application, when an alarm is transmitted to the City, (4) furnish the copies of the ala alarm operation gprocedures, uest with smaintenance procedures, and up-to-date circuit diagram of the components of the alarm system, and (5) 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 ARTICLE IV REVOCATION OR DENIAL Sec 3 1/2-16 Revocation of Permit a t or refuse o this ordinance renew an alarmasystemdpermitrfora anyevoke violationeofi (b) The director may revoke a permit for failure 1/2-9 to pay a service charge fee as required by Sec 3 (c) The director may revoke a permit or refuse to renew an of numberIn alarm permit if an alarm system generates anexcessive period ch false alars in a twelve number2shall be respectivemcategory, annotificationexcessive (1) five false burglar alarms, (2) three false robbery alarms, (3) three false emergency medical assistance alarms, and (4) five false fire alarms (d) A revocation may be withdrawn and a permit reinstated or ent di- tionsm which causede the uactions have cibeens corrected howing atande n if the em is tainedo and toperated that a hre ponsible alarm yestmanner likely int accordance with the provisions of this ordinance Sec 3 1/2-17 Unauthorized Operation A person commits an offense if he operates an alarm system during a period of revocation or after the director refuses to renew his permit PAGE 8 Sec 3 1/2-18 Appeal from Denial or Revocation of a Permit (a) If the director refuses to issue or renew a permit, or revokes a permit, he shall send to the 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, to the address listed on the permit The applicant or permit holder may appeal the decision of the director to the City Manager by filing with the City Manager a written request for a hearng, ten (10)i dayss ft rg receiptforth of the reasonshe for from tthe he in directorThe filing of a request for an appeal hearing with the City Manager stays an action of the director in revoking a permit until the City Manager or his designated representative makes a final decision If eof thering is not dirrector is finalwithin day period, the action the ten (10) y (b) The City Manager or his representative shall serve as the hearing ng r eviece offered byfany einterested person r at an apeal hThe iformal drules sofeevidencendo not apply at an appeal hearing and the hearing officer shall make his decision on the basis of a preponderance of the evidence pre- sented at the hearing The hearing officer must render a decision within thirty (30) days after the request for an appeal hearing is filed The hearing officer shall affirm, reverse, or modify the action of the director, and his decision is final unless the applicant or permit holder files a written request with the City hin 10 s after receipt of then actionrof the hears ring officerdaYnotice A written request to the City Counci permitluntil the City hearing stays City Council rendersafirevoking a final decision ty (c) If a request for an appeal h aring the City th the Council ishall uhear ncil is filed within the 10 day period, and consider evidence offered by any interested person The formal rules of evidence do not apply to an appeal hearing before the City Council The City Council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing of TtheChearingn officershall by affirm, maJorityr vote, modify failure the e to actio reach a majority decision on a motion shall leave the hearing officer's decision administrative remedies within thethe sty Council City isfinalas to ARTICLE V VIOLATIONS Sec 3 1/2-18 aci tions Persons, Corporations, Partnerships nd Asao (a) A person commits an offense if he violates by commission or omission any provision of this ordinance that imposes upon him a duty or responsibility PAGE 9 (b) In addition to prohibiting or requiring certain conduct cor- poration,on individuals, it is he intent of this tordinance partnership, or other association i tioncriminally 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 Sec 3 1/2-19 Penalty That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Five Hundred Dollars ($500 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION II That if any section, subsection, paragraph, sentencecase, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas,hereby despite any declares such it would have enacted such remaining portions invalidity SECTION III (a) That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage (b) Any person who operates date of this ordinance must following periods an alarm system on the effective apply for a permit within the (1) Within sixty (60) days from the effective date of this ordinance, all commercial businesses, including financial institutions, shall have obtained a permit for each type of alarm emitted from the alarm site (2) Within ninety (90) days from the effective date of this ordinance, all emulti-family d type ngs os shall have obtained a pm alarm emitted from the alarm site PAGE 10 (3) Within one hundred and twenty (120) days from the effective date of this ordinance, all single family and duplex dwellings shall have obtained a permit for each type of alarm emitted from the alarm site AoP PASSED AND APPROVED this day of 1988 ATTEST 7 J IF LTERS, CI' CRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY PAGE 11