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1991-167e wpdocs\alarmrev 1 ORDINANCE NO ?2I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR DEFINITIONS, PROVIDING FOR APARTMENT COMPLEX OWNERS TO BE RESPONSIBLE FOR APARTMENT UNIT VIOLATIONS, PROVIDING FOR TERMINATION OF ALARM SYSTEM PERMIT, PROVIDING FOR A SERVICE CHARGE FOR FALSE BURGLAR ALARMS, PROVIDING FOR A PENALTY IN THE MAXIMUM OF $500 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Sec 4-1, ("Definitions") of Chapter 4 of the Code of Ordinances is amended to read as follows Sec 4-1 Definitions The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning Alarm site means a premises or location served by an alarm system Alarm system means a device or system that transmits a signal intended to summon emergency services of the city The term includes an alarm that emits an audible signal on the exterior of a structure Alarm system does not include (1) An alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, (2) An alarm designed to alert only the inhabit- ants within a premises, or (3) An alarm installed upon a premises occupied by the city Apartment means a room or suite of rooms in a multifamily dwelling or apartment complex arranged, designed or occupied as a place of residence by a single family, individual or group of individuals Apartment complex means any building or portion thereof which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units Burglar alarm notification means 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 Director means the chief of police or the chief of the fire department Emergency medical assistance alarm notification means a notification intended to summon emergency medical assistance from the city False burglar alarm notification means a burglar alarm notifi- cation to the police when the responding officer arrives at the alarm site within 30 minutes of the alarm notification and determines from an inspection of the interior or exterior of the premises that no evidence existed which would indicate entry or attempted entry into the premises False emergency medical assistance alarm notification means an emergency medical assistance alarm notification to the fire depart- ment when the responding fire department personnel find no evidence of need for emergency medical assistance False fire alarm notification means a fire alarm notification to the fire department when the responding fire department per- sonnel find no evidence of a fire having occurred or of a need for fire department services False robbery alarm notification means a robbery alarm notifi- cation to the police when the responding police officer finds no evidence of a robbery Fire alarm notification means a notification to the fire department intended to summon firefighting forces, which is initiated or triggered manually by an alarm system designed to react to any of the visual or physical characteristics of a fire Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a struc- ture and has as its purpose the summoning of aid from a city department Permit means a certificate, license, permit, or other form of permission that authorized a person to engage in an action Robbery alarm notification is a notification intended to summon the police when a robbery occurs by means of an alarm system designed to be purposely activated by a human PAGE 2 SECTION II That Sec 4-3, ("Other types of alarms") of Chapter 4 of the Code of Ordinances be renumbered as Sec 4-4, ("Other types of alarms") and the previous text remains unchanged SECTION III That Sec 4-3, ("Alarm systems in apartment complexes") of Chapter 4 of the Code of Ordinances is hereby created and shall read as follows Sec. 4-3 Alarm systems in apartment complexes (a) The owner or property manager of an apartment complex shall obtain a master alarm permit from the director if any alarm system is operated in any residential unit on the premises, whether the alarm system is furnished by the apartment complex owner as an amenity or contracted for by an individual tenant (b) The owner or property manager of an apartment complex shall provide the director with a list of occupied residential units con- taining alarm systems and the name or names of persons occupying said unit on or before the 5th day of each month (c) A tenant of an apartment house shall obtain an alarm permit from the director before operating or causing the operation of an alarm system in the tenant's apartment (d) For purposes of assessing service fees and enforcing the provisions of this article against an individual apartment unit, the alarm permit of the tenant supersedes the master alarm permit of the apartment complex The tenant is responsible for payment of service fees for false alarm notifications emitted from the alarm system in the tenant's apartment unit The master alarm permit holder 1s responsible for payment of service fees for false alarm notifications emitted from unoccupied residential units (e) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas SECTION IV, That paragraph (a) of Sec 4-62, ("Service charge for false alarms") of Chapter 4 of the Code of Ordinances is hereby amended to read as follows (a) The holder of a permit required under this chapter shall pay a fee established by the city council and on file in the office of the city secretary for each false burglar alarm notification emitted from an alarm site that is in excess of five (5) false burglar alarm notifications within a twelve-month period PAGE 3 SECTION V That Sec 4-32, ("Revocation") of Chapter 4 of the Code of Ordinances is hereby amended to read as follows Sao 4-32. Termination of permit (a) The director may revoke an alarm system permit or refuse to renew an alarm system permit for any violation of this chapter (b) The director may revoke a permit for failure to pay a service charge fee as required by section 4-62 (c) The director may revoke a permit or refuse to renew an alarm system permit at an alarm site if an alarm system generates an excessive number of false alarm notifications in a twelve-month period, but revocation or nonrenewal may only occur in the event the permit holder has failed to pay any service charge fee as required by section 4-62 In each respective category, an excessive number shall be as follows (1) Five (5) false burglar alarms, (2) Five (5) false robbery alarms, (3) Five (5) false emergency medical assistance alarms, and (4) Five (5) false fire alarms (d) Emergency service response shall continue to any alarm notification unless the alarm system permit is revoked as provided herein No alarm system permit shall be terminated without providing the permit holder with thirty (30) days written notice of revocation (e) A revocation may be withdrawn and a permit reinstated or a permit may be renewed upon a sufficient showing that the condi- tions which caused the action have been corrected and if the direc- tor determines that the alarm system is likely to be maintained and operated in a responsible manner and in accordance with the provisions of this chapter SECTION VI That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 SECTION VII 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 PAGE 4 PASSED AND APPROVED this the day of , 1991 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY QED AS Jib LEGAL FORM A D OVITCH, CITY ATTORNEY 7 BY PAGE 5