HomeMy WebLinkAboutOrd 770-2018 Amend Code Part II, Article I, Sec 17.01 - 17.21 & Part IV Article 5, Sec 5 Alarm Permit and Response FeesCITY OF ANNA, TEXAS
ORDINANCE NO. VY . , t
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA
CODE OF ORDINANCES BY REPEALING AND REPLACING PART II, ARTICLE 8,
SECTIONS 17.01 THROUGH 17.21 AND PART IV, SCHEDULE OF FEES, ARTICLE
5, SECTION 5; AMENDING ALARM PERMIT AND ALARM RESPONSE FEES;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing alarm systems installed in buildings located within
the City; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part 11, Article 8, Sections 17.01 through 17.21 and Part IV,
Schedule of Fees, Article 5, Section 5 of the City of Anna Code of Ordinances
("Anna Code") by amending its regulations relating to alarm systems and fees
associated with same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Repeal of Existing Ordinances; Continuity.
The City repeals the ordinances embodied by Sections 17.01 through 17.21 of Article 8
of Part 11 of the Anna Code in their entirety, including but not limited to Ord. No. 264-
2006, effective simultaneously with the addition of the replacement provisions set forth
in this ordinance, such that there is no gap of any kind in the City's enforcement
authority relating to the subject matter described herein. Any ordinance, resolution,
procedures, or other policies of the City which make reference to the numeric
designation of any provision repealed by this section shall be construed and deemed to
reference the section of the new provisions adopted below relating to the corresponding
subject matter.
Section 3. Ordinances adopted.
3.01 Replacement Provisions for Part 11, Article 8, Sections 17.01 through 17.21
This ordinance amends Part II, Article 8 of the Anna Code, to add the provisions below, to
become and be made part of the Anna Code, and to be designated Sections 17.01 through
17.21, as set forth below with added provisions shown in underlined text (example):
Section 17. Alarm Requirements
17.01 Definitions
The following words and phrases, when used in this section, shall have the meaning
ascribed to them by this section. All terminology used in this section and not specifically
defined herein, shall retain its meaning in conformance with applicable publications of the
American National Standards Institute (ANSI) or its successor body, or if not defined therein
the latest volume of Merriam Webster's Collegiate Dictionary.
Alarm Site means a single premises or location served by an Alarm System 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. Each set of equipment that is capable of sending an independent
request for emergency assistance of any kind constitutes a separate Alarm Site which
requires a Permit under this ordinance. By means of example: for a multi -family dwelling
which has alarm systems on each dwelling unit and each alarm system is capable of
summoning the police, each unit constitutes an Alarm Site: but if one property has a single
system monitoring_ multiple structures (i.e., a residence and several storage sheds), then it
constitutes only one Alarm Site if all portions of the Alarm System are part of a unified
whole for purposes of requesting emergency response.
Alarm System means a device or system which transmits a signal that is intended to
summon an emergency service of the City. The typical categories of alarm signals are
robbery, burglary, fire, duress (medical or panic). "Alarm System" does not include:
(a) An Alarm installed on a vehicle unless installed at a permanent site, or
such vehicle is used for habitation:
(b) An Alarm designed to alert only the inhabitants of a premises and the alarm
system does not emit a signal that is audible or visible outside the premises
that it is installed upon: no
(c,) _An Alarm installed upon the premises occupied or owned by the City of
Anna.
Alarm Systems Company means any person or company that sells, installs, services,
monitors or responds to burglar alarm signal devices burglar alarms television cameras
still cameras or any other electrical mechanical or electronic device used (a) to prevent or
detect burglary, theft shoplifting or other losses of that type-, (b) to prevent or detect
intrusion: or (c) primarily to detect and summon aid for other emergencies and include
persons relaying Alarm notifications.
Alarm User means the person firm partnership, associations, corporation, company or
organization of any kind which owns controls or occupies any building structure, facility or
vehicle used for habitation wherein an Alarm System is maintained.
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 emer enc that the Alarm System is designed to detect.
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Burglar Alarm Notification means a notification which summons the police, which is initiated
or triggered by an Alarm System designed to respond to a stimulus which is characteristic
of unauthorized intrusion.
Business Owner means the owner of a retail establishment or commercial establishment,
the owner's designee, or the ranking manager on duty. The term "owner' appearing
anywhere in this ordinance shall include this meaning of "Business Owner" unless the
context clearly requires a different meaning.
City means the City of Anna, Texas.
Commercial Alarm Site means a premise with an Alarm System that is intended or used for
the purposes of conducting a commercial business enterprise.
Department means the City of Anna Police Department or its designee.
Direct Connection 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.
Emergency Assistance Alarm means any automatic notification system other than those
defined herein which summons emergency assistance from the City.
Emergency Contact Person means the person designated by an Alarm User or Alarm
Systems Company to be the primarypoint of contact between the City and the Alarm User,
and who is provided with the power, responsibility, authority, and means to provide
requested assistance to the Department give instructions to any persons who might be
occupying an Alarm Site and timely secure an Alarm Site contacted by the Department,
other emergency service personnel, or a designee of same.
Emergency Medical Assistance Alarm means any transmission or signal from an Alarm
System designed to summon emergency medical assistance.
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 Notification, for which the responding police officer finds
no evidence of any criminal activity. This term also includes activation of an Alarm System
or call for response by an Alarm Systems Company which is the result of mechanical or
electronic failure malfunction improper installation, or the negligence of the owner/operator
or lessee of an Alarm System or of their employees or agents. The Department will 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 does
not include activations triggered by:
(a) an attempted illegal entry of which there is visible evidence, illegal entry, or
other demonstrable criminal activity:
(b) hurricanes tornadoes, earthquakes, thunderstorms, electrical storms, utility
power surges, or surges through phone lines;
(C) a person acting under a reasonable belief that an emergenc exists:
xists:
(d) accident mistake or testing if then followed by an immediate call to the
Department by the Alarm User or Alarm Systems Company canceling the
alarm such call having been made grior to the dispatch of any officeror
(e) 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.
Fire Alarm Notification means a notification intended to summon firefighting forces, that is
indicated or triggered manually or automatically by an Alarm System designed to react to
any of the visual or physical characteristics of fire.
Fire Marshal means the City's Fire Marshal or designee.
Local Alatm means an alarm system that emits a signal at an alarm site that is audible or
visible from the exterior of a structure but is not remotely monitored by an Alarm Systems
Company and does not automatically request police or other emergency response.
Permit orpermit as used in this section, means a formal written authorization from the City
to install, operate, or cause to be installed or operated an Alarm regulated under by this
section.
Permit Holder means the person designated in the Permit application who is responsible for
responding to alarms and giving access to the site and who is also responsible for proper
maintenance and operation of the Alarm System and payment of fees and fines assessed
under this article.
Permit Reinstatement Fee means a fee to be paid prior to having an Alarm Permit
reinstated. The fee shall be established by City Council and set forth in the City's fee
schedule.
17.02 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, or while the Permit has
been suspended and in some cases will be required for Local Alarms. A separate Permit
is required for each Alarm Site.
(a) Any person using an Alarm System shall pay such Permit fees, renewal
fees and service fees as provided for in the fee schedule.
(b) A Permit shall only be issued to the owner of a single -family dwelling; the
owner of a multi-family complex; the tenant occupying the unit of a multi-
family complex (for Alarm Systems installed by the tenant with permission of
the owner): and the Business Owner of any retail or commercial
establishment.
(c) Any person without an existing and valid Permit for an Alarm System on the
effective date of the ordinance from which this article is derived must apply
for a Permit within thirty(30) days of installation of the system or after the
effective date of the ordinance from which this article is derived whichever
is sooner.
(d) The owner of a property using a Local Alarm shall be required to apply for
and obtain a Permit under this ordinance for any Local Alarm which
induces directly or indirectly, three or more police responses to the property
within a 12-month period. Any propertywith a Local Alarm which is re uired
to be permitted under this section shall thereafter be required to renew said
Permit annually, regardless of the number of police responses induced,
unless and until the Local Alarm has been disabled and the Department is
notified in writing.
(e) In addition to these requirements, the owner of a Local Alarm may apply for
a Permit under the procedures established by this ordinance. All provisions
of this ordinance applicable to Alarm Systems would then also be applicable
to the_permitted Local Alarm, including the provisions providing that no
emergency response fees will be assessed for the first three (3) False
Alarms or police responses in a 12 -month period.
17.03 Permit Fee
A nonrefundable annual fee must be paid for each Permit or renewal of a Permit, as set
forth in the City's fee schedule.
17.04 Application for Permit
Each Permit application must contain the followinginformation formation and be complete, true, and
accurate in its entirety:
(a) The name address and telephone number of the Permit Holder who will be
responsible for the proper maintenance and operation of the Alarm System
and payment of fees assessed under this section;
(b) The classification of the Alarm Site as either residential or commercial,
including whether the Alarm Site is an apartment, in which case the building
number and apartment number, if so numbered;
(c) The purpose of the Alarm System for each Alarm System located at the
Alarm Site i.e. unauthorized intrusion, robbery, panic/duress;
(d) The name and telephone number of the Alarm System Monitoring Company
that has agreed to receive calls for the permitted Alarm System, if
applicable;
(e) At least three (3) names and telephone numbers for Emergency Contact
Person that can respond to Department contacts and travel to the alarm
premises within thirty (30) minutes with a key or means of access to the
location if needed by the emergency responders-, and
(f) Other information required by the Department or designated representative
that is necessary for the enforcement of this article.
Upon the recut of a completed application and required Permit fee the chief of police or
designee shall issue an Alarm Permit to an applicant unless:
1 The applicant fails to provide all of the information requested on the
application or submits an incomplete application;
2 The applicant gives false misleading or untrue information or material fact
on the application:
3 The applicant has failed to pay the application fee assessed pursuant to this
ordinance: or
4 The applicant will not comply with any provisions of this ordinance.
All fees owed by an applicant for which a bill has been issued must be paid before a Permit
may be issued.
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Failure of the Alarm User to renew an alarm Permit by the expiration date shall be
considered as not having a valid Permit.
Any false statement or misrepresentation of a material fact made by an applicant or person
for the purposes of obtaining an alarm permit or renewal or while making a change thereto,
shall be sufficient cause for refusal to grant a Permit.
17;06 Alarm Systems in Multifamily Dwellings
If the individual tenant owner or property manager of any multi-family dwelling installs an
Alarm System or has an Alarm System monitored in any tenant's individual unit on the
premises the installing party must provide the Alarm Systems Company monitoring the
Alarm System if any, the name of the representative of the owner or property manager of
the multifamily dwelling who has keys to the tenant's residential unit. Each Alarm System
must receive a corresponding Permit from the Department before any person operates or
causes the operation of any Alarm System.
For purposes of assessing service fees and enforcing this ordinance against an individual
residential unit the tenant is responsible for payment of service fees for any False Alarm
notification emitted from the Alarm System in the tenant's residential unit for the duration of
the tenant's lease.
The owner or propegy manager of an apartment complex must obtain a separate alarm
Permit for any Alarm System operated in a non-residential area of the multifamily dwelling,
including, but not limited to common tenant areas and office, storage, and equipment
areas.
17.06 Permit Transferability
An alarm Permit cannot be transferred to another person or to a new owner. Upon transfer
of ownership of an Alarm Site or tenancy in the case of multi-family dwellings where the
Permit is held by a tenant the Permit automatically expires upon an attempt to transfer it
and the new owner/tenant must apply for a new Permit.
17.07 Permit Modifications
It is the Permit Holder's sole responsibility to gromptly 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 the information on the Permit application is no longer current is a
violation of this section.
17.08 Responsibilities of Permit Holders.
A Permit Holder in control of an Alarm System shall:
1 Adjust or mods the sensory mechanism of the Alarm System to suppress
false indications of force so that the Alarm System will not be activated by
impulses due to:
a. Transient pressure changes in water pipes;
b. Flashes of li ht
C. Wind noise caused by the rattling or vibrating of doors or windows;
d. Vehicular noise adjacent to the installation; or
e. Other forces unrelated to actual emergencies.
2. Maintain the Alarm System in a manner that will minimize False Alarm
notifications:
3. Respond or cause a representative to respond within thirty (30) minutes
when notified by the City to repair or inactivate a malfunctioning Alarm
System to provide access to the premises, and/or to provide security for the
premises;
4. Not manually activate an Alarm for any reason other than an occurrence of
an event that the Alarm System was intended to report, or to test an Alarm
System if and only if the Department and Alarm Systems Company has
been provided with adequate advance notice (which shall under no
circumstances be less than 1 hour) of the exact time of the test; and
5. Notes the Department in writing of the date a Permit is to be cancelled or
that the Permit will not be renewed. The notification must include the date
the document was signed and signature of the Permit Holder. The City must
receive the cancellation or non -renewal notice in writing no later than fifteen
(15) days before the Permit expiration date.
If a Permit Holder or an Emergency Contact Person is contacted to inspect an unsecured
Wilding or residence and fails to respond to the Alarm Site in the allowed time of thirty (30)
minutes to secure the building or residence, a fee will be charged to the Permit Holder if the
City representatives have to secure the premises in accordance with the City's fee
schedule. The City is not responsible for any loss or damage arising from a Permit Holder
or Emergency Contact Person's failure to timely respond to a Department contact or to
timely secure an Alarm Site.
17.09 Duties of Alarm Systems Company.
Any company engaged in the business of monitoring alarm systems shall:
1. On the installation or activation of an Alarm System, distribute to the
occupant of the Alarm Site the following information:
a. A copy of this ordinance:
b. Information on how to prevent false alarms, and
C. Information on how to operate the Alarm System.
2 Report Alarm signals only by using telephone numbers designated by the
chief of police;
3. Before requesting police response to an Alarm signal, attempt to verify
every Alarm signal, except a duress or robbery alarm activation, by a
telephone call to the Alarm Site;
4. Communicate Alarm notifications to the City in a manner and form
determined by the chief of pojiceand
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5. On a monthly basis provide to the chief of police a report which contains the
name address telephone number, and date of activation of all current
subscribers within the City.
17.10 Manual Reset Required.
A person in control of a Local Alarm or an Alarm System that causes an alarm notification
to be sent shall adjust the mechanism or cause the mechanism to be adiusted so that, upon
activation the system will not transmit another alarm signal without first being manually
reset. Each instance of an Alarm notification can be treated by the City as a False Alarm
and subiect to fees in accordance with this ordinance.
17.11 Reporting of Alarm Signals.
A Permit Holder or other person in control of an Alarm System shall not allow Alarm signals
to be reported through a relaying intermediary that does not comply with the requirements
of all City ordinances any rules and regulations promulgated by the chief of police or
designee or that is not licensed by the Texas Department of Public Safety, Private Security
Bureau or, the Texas Commission on Fire Protection, as the case may be.
17.12 Fees
A Permit Holder must pay any service fees as assessed under the provisions of this
ordinance within thirty_(30) days after receiving notification from the City that a fee has been
assessed. If the assessed fees become ninety (90) days delinquent, a late fee of either ten
(10) percent of the delinquent fees or a flat late fee of $5.00 (five dollars), whichever is
greater, will be added for each full 90 -day -period that payment is delayed. Any waiver or
delay by he City in pursuit of service fees penalties late fees or other charges provided
by this article relating to a given violation shall not constitute any waiver of subsequent
amounts due for any other violation.
False Alarm penalty service fees applicable to Permit Holders shall be assessed as set
forth in the City's fee schedule and administered in the following manner:
1. Burglar alarms. A Permit Holder, other than a person licensed under
Chapter 1702 of the Occupations Code will be assessed a fee for each
false Burglar Alarm Notification in excess of three (3) false alarms for each
Alarm Site which have occurred during the previous twelve-month period in
accordance with the City's fee schedule.
2 Fire alarms. A permit holder will be assessed a fee time for the signaling of
a false alarm by a fire alarm system in excess of three (3) false alarms
which have occurred during the previous twelve-month period at the alarm
site.
3 Robbery alarms. A Permit Holder will be assessed a fee for the signaling of
every false alarm by a robbery alarm system.
4. Duress/Emergency assistance/panic alarm. A Permit Holder will be
assessed a fee for the signaling of a False Alarm by a duress/emer enc
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assistance or panic alarm system in excess of three (3) False Alarms which
have occurred during the previous twelve-month period at the Alarm Site.
5. Notwithstanding the definition of "False Alarm" provided under this
ordinance the City may also assess a fee to the owner of a Local Alarm
system if the system directly or indirectly induces a police response and the
Department determines that no justified basis for the Local Alarm activation
exists. For purposes of this subsection, the following circumstances are
among those which are not considered to be a justified basis for Local
Alarm activation: operator error; malfunction resulting from inadequate
maintenance or operator neglect: or activities of household pets. A test of a
Local Alarm system shall not be subject to a response fee under this
subsection if the Department is provided no less than 30 minutes advance
notice.
6. Emergency Medical Assistance Alarms are not subject to False Alarm fees
under this ordinance unless it appears, in the judgment of the chief of
police that the system is being abused for matters in which the operator or
Permit Holder is or should be reasonably aware that emergency medical
assistance would never be required. For purposes of this subsection, a
mistaken belief that a medical emergency existed (i.e., a perceived heart
attack which turned out to be something else) would not result in a False
Alarm fee but using an Emergency Medical Assistance Alarm in a situation
which is not related to a medical issue (i.e., to summon help in opening a
Package) may result in a False Alarm fee.
A person required to obtain a Permit for an Alarm System under this ordinance who has not
been issued a Permit may be assessed a false alarm service fee for each false Burglar
Alarm Notification reported to law enforcement from the Alarm Site.
17.13 Revocation of an Alarm Permit.
The chief of police may revoke or refuse to renew an alarm Permit if:
1 The Permit Holder has eight (8) or more false alarms during the preceding
twelve-month period:
2 There is a false statement of a material matter in the application for a
Permit:
3 The Permit Holder has failed to pay a late fee and/or service fee assessed
under this ordinance within thirty (30) days after a bill for the assessment
was issued;
4 The Permit Holder fails to maintain the alarm system in accordance with the
requirements of this article; or
5 The operation of the alarm system by the Permit Holder has demonstrated a
history of unreliability with respect to the operation maintenance, or
responses.
A person commits an offense if he operates an Alarm System during the period in which the
alarm Permit has been revoked.
17.14 Grounds for Nonrenewal of a Permit.
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An Alarm System is deemed to have a history of unreliability when the applicant has failed
to make alterations or corrections to the system to reasonably assure abatement of false
alarms. Any Alarm System generating ten (10) or more False Alarm Notifications within a
12 -month permit period shall be deemed unreliable, or where an Emergency Contact
Person fails to timely respond on more than one occasion in a 12 -month period; and the
alarm Permit shall be revoked or suspended, after the city provides (thirty) 30 days written
notice to the Permit Holder, until the Permit Holder has:
1. Attended alarm user awareness class at a class approved by the chief or
his designee;
2. Provided a certificate of compliance; and
3. Paid a reinstatement fee as established in the City's fee schedule.
17.15 Reinstatement of Permit.
A person whose alarm Permit has been revoked may be issued a new Permit if the person:
1. Submits an updated application and pays a reinstatement fee, established
by enactment of the city council:
2. Pays, or otherwise resolves, all citations in municipal court issued to the
person under this ordinance:
3. Pays all outstanding late fees and/or service fees assessed under this
ordinance for which a bill has been issued; and
4. Submits documentation to the chief of police stating that the Permit Holder
has performed all necessary repairs or adjustments required by the City and
has complied with all provisions of this ordinance.
A Permit that has been reinstated shall expire on the same date it was originally set to
expire one (1) year from the date the Permit was issued.
17.16 System Performance Reviews.
If there is reason to believe that an Alarm System is not beinq used or maintained in a
manner that ensures proper operation and suppresses false alarms the chief of police may
require a conference with an alarm Permit Holder and the Alarm Systems Company
responsible for maintenance of the Alarm System and the Fire Marshal, to review the
circumstances of each false alarm.
17.17 Appeal from Penalty Fee Denial or Revocation of a Permit.
A person assessed penalty fee under this ordinance may appeal the assessment to the city
manager, or city manager's designee by submitting a letter to the city secretary within ten
(10) business days following the date of the assessment. A hearing on such appeal will
then be scheduled by the City, ideally within seven (7) business days after the receipt of the
appeal with the actual hearing to be conducted within approximately fifteen (15) business
daffier receipt of the appeal scheduling permifting or as otherwise agreed in writing by
the appealing person and the City, The city manager, or designee shall in most
circumstances render a decision on the appeal within three (3) business days after the date
of the hearing The decision of the city manager, or designee shall be final.
A person denied a Permit or who has had a Permit revoked may appeal that action to the
city manager, or designee, by submitting a letter to the city secreta within ten10
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business days of the complained action. A hearing on such appeal shall be conducted in
the same manner as provided in this section.
17.18 Restrictions on Audible Alarms
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 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 15 minutes.
17.19 Requirements for Automatic Dialing Devices
An Alarm Site that transmits automatic Alarm notifications directly to the Collin County
Communications Center, or any other law enforcement authority, must provide at least the
following information:
(a) the type of alarm event (burglary, robbery, fire, etc.);
(b) the address of the Alarm Site:
(c) the place on the premises, if possible, that the alarm was activated (window,
door, garage, etc.);
(d) the phone number of a contact person who will be able to respond if necessary;
and
(e) the alarm Permit number.
It is unlawful for any person to program an Automatic Dialing Device to select a primary
telephone line belonging to the City and it is unlawful for an Alarm user to fail to disconnect
or re -program an Automatic Dialing Device which is programmed to select a primary
telephone line belonging to the City within twelve (12) hours of receipt of written notice from
the chief of police.
17.20 Penalty
An Alarm Monitoring Company, an alarm Permit Holder or a person in control of an Alarm
System commits an offense if the person violates any provision of this ordinance that
imposes upon the person a duty or responsibility to act or refrain from action.
A person who violates a provision of this ordinance is guilty of a separate offense for each
day or portion of a day during which the violation committed, continued or permitted, and
each offense is punishable by a fine not to exceed five hundred dollars ($500.00). The
"window fine," or the fine amount which may be paid to resolve a violation under this
section under a guilty or no contest plea at the court clerk's window (exclusive of court
costs and fees), shall be set as follows:
(a) For the first offense, the window fine shall be two hundred dollars ($200.00);
(b) For the second through tenth offense, the window fine shall be two hundred fifty
dollars ($250.00); and
(c) For each subsequent offense, the window fine shall be five hundred dollars
($500.00).
In the event that a person accused of a violation of this ordinance elects to plead notguilN.
u on conviction the City may impose a fine of up to $500.00 five hundred dollars and an
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restitution permitted under the law, along with recovery of all applicable court costs and
fees.
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this
ordinance to hold a corporation partnership or other association criminally responsible for
acts or omissions performed by an agent acting on behalf of the corporation, partnership or
other association, and within the scope of employment. A person or business utilizing an
Alarm System shall maintain at each Alarm Site a complete set of written operating
instructions for each Alarm System. Special codes, combinations or passwords must not be
included in these instructions and must be maintained separately and securely.
17.21 Confidentiality
All information submitted in compliance with this ordinance shall be deemed confidential
and not subject to public disclosure unless required by law.
Ord. No. enacted / /2018
3.02 Amending Part IV, Article 5, Section 5.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
provisions shall become and made part of the Anna Code, as a portion of Part IV
(Schedule of Fees), Article 5, Section 5, with new provisions are shown below with
underlined text (example) and deleted provisions are shown by strikethrough text
(maple):
Section 5. Alarm Permit Fee
An application for a Permit for an Alarm Site is required and a nonrefundable fee for
such permit is set forth below. 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 is discretion,
may renew an expired Permit upon payment of all fees due, plus late fees
accumulating at the rate of $10 for every 30 days that have elapsed since the renewal
due date. Additional fees for late payment may also be applicable, as provided in Part
II, Article 8, Section 17.12 of the code.
False alarm fees will be charged as follows:
NUMBER OF FALSE ALARMS FEE
4--8 $40/per false alaFm
9 or rnGre —n-,h--eFfalee alarm
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Type
Description
Fee
Alarm System (non-
Permit Fee
$50.00 (each)
Commercial Alarm Site
Alarm System
Permit Fee
$100.00 (each)
Commercial Alarm Site
False (non-robbery)
3rd 4th and 5th false
$50.00
alarms during the
preceding 12-month
period
False (non-robbery)
6th and 7th false alarms
$75.00
during the preceding 12-
month period
False (non-robbery)
8th and further false
$100.00 (each)
alarms in the preceding
12-month period
False (robbery)
Each false robbery alarm,
$100.00 (each)
regardless of number of
previous false alarms
Failure of Emergency
The Alarm User's
$50.00
Contact Person to
emergency contact
Respond
person or designee must
respond within 30 minutes
to secure a building or
residence
Reinstatement Fee
Renewal of expired or
$50.00 (plus any late
suspended permit
fees
( Ord. No. adopted
/ /2018)
Cross Reference: Part ll, Article 8, Section 17
Section 4. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $500 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
170
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, thisy{ h day of
GOVi 2018.
ATTESTED: \\\\\'S, <J\, OF. aPPROVED:
064A�' 2
City Secretary, Carrie Smith j Mayou, Nate Pike
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