Loading...
HomeMy WebLinkAboutOrd 264-2006 Alarm System Regulations.pdfClTY OF ANNA, TEXAS ORDINANCE NO. 264-2006 AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, REGULATING BURGLAR, ROBBERY, PANIC, FIRE AND MEDICAL EMERGENCY ASSISTANCE ALARMS AND REGULATING PERSONS ENGAGED IN RELAYING ALARM NOTIFICATION; REQUIRING PERMITS AND FEES AUTHORIZING OPERATION OF ALARM SYSTEMS; PROVIDING FOR SERVICE CHARGE FEES FOR FALSE ALARMS; ALLOWING FOR RESPONSE TERMINATION BY ClTY POLICE IN THE EVENT OF NONCOMPLIANCE WITH THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna, Texas, finds that it is in the best interest of the citizens of the City to: (1) regulate burglar, robbery, fire alarms and other alarm systems installed and maintained by citizens and businesses in the City; (2) regulate those persons engaged in relaying alarm notifications; (3) require permits and permit fees for such alarms; (4) require service charge fees for false alarms; (5) allow response termination by the City's Police Department; (6) provide for the enforcement of these regulations; and (7) provide for penalties for the violation of this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF ANNA, TEXAS: Section 1. Definitions "Alarm Site" means a single premises or location with one street address served by an alarm system or systems that are under the control of one owner, the owner's agent or a person in control of the premises served by the Alarm System. "Alarm System" means a device or system arranged to signal the presence of an intrusion or hazard requiring urgent attention and to which police, fire, or other emergency service would normally respond if notified of the signal, and includes, but is not limited to systems that: (1) signal intrusions or hazards as to vehicles or other private property as a part of a larger system that monitors the Alarm Site provided that the vehicle or other private property is placed permanently at the Alarm Site; and (2) are commonly referred to as "burglar alarm systems," "holdup alarms," "robbery alarms," "medical alarms," "fire alarms," "paniclalert systems" and similar systems. Notwithstanding the foregoing, "Alarm System" does not include: (1) a system that monitors a vehicle or any other item of private Ord No. 264-2006 Regulating Alarm Systems.doc 1 05-23-06 property that is not permanently located at an Alarm Site; nor (2) a system designed to alert only the owner or inhabitants of a premises and having no audible exterior alarm, Automatic Dialing Device, or other device that automatically sends an alert signal to an emergency service provider or to persons engaged in relaying an alert signal to an emergency service provider at a location other than the Alarm Site. "Alarm User" means the owner, agent or person in control of the premises where an Alarm System is maintained within the corporate boundaries of the City. "Automatic Dialing Device" means the component of an alarm system that automatically sends over regular telephone lines or by other electronic means, by direct connection or otherwise, a prerecorded voice message or signal of any kind indicating the existence of the emergency situation that the alarm system is designed to detect. "Burglar Alarm Systemn means an Alarm System designed to signal an entry or attempted entry into the area protected by the system. "City" means the City of Anna, Texas. "Commercial Alarm Siten means a premises with an Alarm System that is intended or used for the purpose of conducting a commercial business enterprise. "Department" means the City of Anna Police Department or its designee. "Direct Connect" means an Alarm System that has the capability of transmitting system signals to and receiving them at an agency or site designated by the Department. "Direct Line" means a telephone line, leading directly from a central station or modified central station to the dispatch center for the Department, which is for use only to report emergency signals on a person-to-person basis. "False Alarm" means the activation of an Alarm System which is not the result of an emergency or threat of emergency for which the Alarm System was designed to give notice and, in the case of a Burglar Alarm System, for which the responding police officer finds no evidence of any criminal activity. This term also includes activation of an Alarm System or Burglar Alarm System through mechanical or electronic failure, malfunction, improper installation, or the negligence of the ownerloperator or lessee of an Alarm System, or of their employees or agents. The Department may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within 30 minutes of the alarm notification and the agency determines from an inspection of the interior or exterior of the premises that the alarm was false. This term Ord No. 264-2006 Regulating Alarm Systems.doc 2 does not include activations triggered by: (1) an attempted illegal entry of which there is visible evidence, illegal entry, or other demonstrable criminal activity; (2) hurricanes, tornadoes, earthquakes, thunderstorms, electrical storms, utility power surges, or surges through phone lines; (3) a person acting under a reasonable belief that an emergency exists; (4) accident, mistake or testing if then followed by an immediate call to the Department by the alarm monitoring company canceling the alarm, such call having been made prior to the dispatch of any officer; or (5) alarms resulting from the servicing of an Alarm System by an alarm business when, prior to such repair or service, the Alarm User or their agent has notified the Department, in person or by call that the Alarm System will be repaired or serviced at the particular date and time coinciding with that alarm. "Key-Holder" means any person that has authority over and can respond to an Alarm Site at police request, to disarm or re-set the alarm, or both. "Permitted Site" means an Alarm Site for which a valid and unexpired permit has been issued, provided that each permit holder has current information on file. Section 2. Permit Required A person commits an offense if the person installs, operates, or causes to be operated, an Alarm System without first obtaining a permit from the Department. A separate permit is required for each Alarm Site. Operation of a non-permitted site is a citable offense, with a maximum fine of two-hundred dollars ($200). In addition, the Department may bill the owner or operator for each police dispatch to a non-permitted Alarm Site. The schedule of fees for such billing is set forth in Section 5 of this Ordinance. Section 3. Application for Permit Each permit application must contain the name, address, telephone number (home and business if applicable) of the person(s) responsible for operating and maintaining the Alarm System and responding to an alarm signal. An application for a permit for a Commercial Alarm Site must also contain the names and phone numbers (home and business) of two people that will respond to the Alarm Site within thirty (30) minutes of being requested by the Department. Section 4. Permit Fee A nonrefundable fee of forty dollars ($40) per year is required for each permit or renewal of a permit. A permit is issued for one year and must be renewed each year thereafter by payment of the permit fee. It is the responsibility of the permit holder to pay the renewal fee no later than the seventh day of the month following the renewal month ("the renewal due date"). If the permit is not renewed on or before the renewal due date, it expires and is no longer valid. The Department, at its discretion, may renew an expired permit upon payment of all Ord No. 264-2006 Regulating Alarm Systems.doc 3 05-23-06 fees due, plus late fees accumulating at the rate of ten dollars ($10) for every 30 days that have elapsed since the renewal due date. All permit fees collected will be placed into the Department's budget and maintained at the discretion of the Chief of Police, subject to budgeting decisions by the City Council. Section 5. Permit Transferability An alarm permit cannot be transferred to another person or to a new owner. Upon transfer of ownership of an Alarm Site, the permit automatically expires and the new owner must apply for a new permit. Section 6. Permit Modifications It is the permit holder's sole responsibility to promptly provide the Department with any information that changes the information provided in the permit application, including but not limited to the name and contact information of the person(s) designated to respond to an alarm. Failure to provide such information to the Department within five business days of actual knowledge that information on the permit application is no longer current is a violation of this Ordinance. Section 7. Fees The fees for False Alarms depend on the number of False Alarms occurring at a Permitted Site on an annual basis as follows: A non-permitted site is allowed one free False Alarm call, at which time the Department will endeavor to give notice of the requirements of this Ordinance to the owner or person in charge of the non-permitted site. However, ignorance of the requirements of this Ordinance for any reason is not a defense to prosecution for violating this Ordinance and does not relieve a person from paying any applicable fees or late fees. NUMBER OF FALSE ALARMS 1-3 4-8 9 or more Section 8. Restrictions on Audible Alarms FEE NO FEE $40/per false alarm $80/per false alarm All Alarm Systems equipped with any exterior sound-producing device, including, but not limited to, gongs, buzzers, sirens, bells or horns, must be equipped with a time device that limits the operation of such sound-producing device to a continuous ten (10) minutes; except that Commercial Alarm Sites must be equipped with a time device that limits the operation of such sound-producing device to a continuous ten (15) minutes. Ord No. 264-2006 Regulating Alarm Systerns.doc 4 05-23-06 Section 9. Requirements for Automatic Dialing Devices An Alarm Site that transmits automatic alarm notifications directly to the Collin County Communications Center or other law enforcement authority must provide at least the following information: (1) the type of alarm event (burglary, robbery, fire, etc.); (2) the address of the Alarm Site; (3) the place on the premises, if possible, that the alarm was activated (window, door, garage, etc.); (4) the phone number of a contact person who will be able to respond if necessary; and (5) the alarm permit number. Section 10. Notification Required bv Alarm Monitor If the monitor of an Alarm System lacks any information that corroborates that an alarm signal received by the monitor is not a False Alarm, the monitor must make an attempt to contact the occupant of the Alarm Site before contacting the Department. If the monitor is initially unable to contact the occupant, the monitor must continue attempts to contact the occupant after contacting the Department, and, if necessary, must continue said attempts during the Department's response to the alarm signal. The monitor must promptly notify the Department of the results of the attempts to contact the occupant of the Alarm Site. If it is a Commercial Alarm Site, the monitor must first attempt to notify the Department and then attempt to notify a person responsible for the Alarm Site, then attempt to notify the Department again to provide the status of a Key Holder response. Section 11. Conflicting Ordinances Repealed All parts of any ordinance in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 12. Penalties A person commits an offense if the person violates any part of this Ordinance. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed $200 for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 13. Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 14. Effective Date Ord No. 264-2006 Regulating Alarm Systerns.doc 5 This Ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. Ord No. 264-2006 Regulating Alarm Systems.doc 6 PASSED by the City Council of the City of Anna, Texas, by the following votes on this the 23rd day of Mav ,2006. AYE 7 NAY 0 ABSTAIN 0 ATTEST: ry, Natha Wilkison Ord No. 264-2006 Regulating Alarm Systems.doc 7 APPROVED: /ayor, Kenneth Pelharn m