1988-1301802L
ORDINANCE NO ft_-L3_6
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SYSTEMS" ESTAB-
THROUGH 15 OF ARTICLE IIGOF CHAPTER 31-1/2 T "ALARMINCLUDE
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 Detnoton,
Texas s ere by 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 but intended nt lim t d to to al alarmseS Alarmesystem
as illustrated by, ,
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
notification to oied police, itwhen the rusion responing attempted officer
evidence of unath unauthorized
intrusion
(g) FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION
means an emergency medical assistance alarm notification to the
Fire
finds no evidence of need for emergency medFire ical assistance artment, (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
robbery alarm
police officer
(3) FIRE ALARM NOTIFICATION means a notification to the Fire
Department intended to summon firefighting forces, which is
reactatodany frthee visual norlphysicalnchara teristics of la fireto
(k) LOCAL ALARM means an alarm system that emits a signal at
an alar site structure and has a asi itsupurposerthessummoning f aid from o a City
department
(1) PERSON means an individual, corporation, partnership,
association, organization, or similar entity
(m) ROBBERY ALARM NOTIFICATION is a notification intended to
to be purposely eactivatedsby by means a human of an alarm
summon the
system police
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
shall make application for a permit for fire and/or emergency
medical assistance alarms at the Office of the Fire Marshal,
Denton Fire Department
(b) Should an alarm system emit more hfore allp peof alarm s at
notification, a person shall make application
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 within State, or in
no owner or gener 1 epartnercaresides,
firm or partnership and
operates a business or is employed within the State, then the
application must also be subscribed and sworn to by the indivi-
dual having the authority and responsibility for the management
subscif the
ribed
and applicant tisn a corporation alarm he business halls bate
and sworn to by or at least one principal corporate officer if
the application is a corporation and none of its principal corpo-
ions
rate officers are responsible for the management a dation ashall
of the alarm business within the State, the app
autho itysandcresponsibility rfor theymanthe agement vandaoperati nstof
also be the alarm business within the State
(b) If the applicant is a corporation, the application shall
specify the state and place of incorporation, ah list a iontof
the applicant's principal place of business, of
principal corporate officers and u fields by d each principal
address and the office or position
corporate officer
(c) If the applicant is a partnership, the application shall
specify the location of the applicant's principal place PAGE 3
business and the names, business addresses and residence addresses
of each partner
individual required to subscribe and s earl tg information
for each The
(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) The individuals of responsible the alarm h systemer main-
tenance and operation
(e) The application shall state the address site for the
commercialsbusi esslsitemily
location
residence m f the lti-familysresiden ed, orether
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,
has the not alarm scorrected,ed and
(b) has a alarm
the violation causing the revocation for
(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
and es that
A permit holder shall inform the director of chan
alters information listed on the permit application no fee
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 alarm
an alarm site that is in excess of three (3) false burglar notifications within a twelve (12) period
false shall pay a fee of
(b) The holder
each permit
alarm notificationenthat its
($75 00) Dollars false
emitted from an alarm site that is in excess motthree ) fire alarm notifications within a twelve (12) period
(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
and Two Hundred
m notification
the
00) n Dollars for robbery third false i robbery notification
($200 second
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
le twelve
event the shall begin when the under revocation is withdrawn
month period
emer-
(e) The director shall assess the permit holder of a s
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 pay receipt assessed under this of notice 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
under this section for thirty (30) days after the 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
Board of promulgated by the director
chapter
liany censed rules by a the regulations
or Investigators
is e not and
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) mechanism cause an adjustment to be made to the sensorty
suppress false indications,
(2) maintain premises containing proper an operation system
the
a manner that insures p p Pe
alarm system, and
(3) display in a prominent exterior location an
identification notice provided by the director
(b) A permit holder shall
will
no mechanis so
30 minutes after signal
longer than that an
so being
(1) sound adjust for the
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
will activationtra transmit anotherl transmit alfirarmstsbignal
and upon
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) orpnumbers designated by thesdirector eland one number
(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
idnotify entifiede pnermit
designated it will
(3) hdesin older, h or system
permit application, when an alarm is transmitted to
the City,
procedures, satisfactory
(4) furnish
the copiesof the ala alarm operation request
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
refus
e
iolvoke o dinanceo
a r
r
d
a
renew an
v
ny
for
permit
system
alarm
(b) The director may revoke a permit for failure
3 1/2-9
to pay a
service charge fee as required by Sec
(c) The director may revoke a permit or refuse to
e
eCe s
renew an
number of
alarm permit if an alarm system generates an
i
month
p
2
notifications
false alar
e
shall b
number
m
category, an
respective
(1) five false burglar alarms,
(2) three false robbery alarms,
(3) three false emergency medical assistance al
arms,
and
(4) five false fire alarms
(d) A revocation may be withdrawn and a permit reinstated or
condi-
the upon a have cibeens correc tedatande if the
tions permit which renewed
operated that a the alarm
ponsiblyestmanner landl int accordance
tainedo and determines
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
hearing, days setting ftr reforth c ipt t of the reasons notice for frthe om thee directorin ten
(10) The
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 Ifa request for an appeal period, the action of the director is finalwithin
the ten (10) day p p
(b) The City Manager or his representative shall serve as the
hearing offered by officer any interested person consofideevidenr cevidence
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
Coa hearing uncil for within officer days after receipt of
A written request tonotice
the c
the action of the he City
decision revoking a
permit luntstays il the the Council hearing officer in
ncil
(c) If a request for an appeal the City with
Council ishall uhear
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
famodify ilure t
hearing The City
hearing Council officer shall by affirm, a majority reverse, vte, or
action of to
reach a majority decision on a motion shall leave the hearing
sty Council
officer's decision
administrative remedies within the City
is final as to
ARTICLE V VIOLATIONS
Persons, Corporations, Partnerships
Sec 3 1/2-18 and Associations
(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
on individuals, it is cor-
responsible
poration, partnership, t or other association ordinance
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,
sentence case, 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 ee any e such
would have enacted such remaining portions despit 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 each d type nos
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
PASSED AND APPROVED this day of , 1988
y
1
RAY S ENS, AYOR
ATTEST
7
J IF LTERS, CI' CRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
PAGE 11