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HomeMy WebLinkAboutO-831-11-87ORDINANCE NO. 831-11-87 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, REPEALING ORDINANCE NO. 305 AND ARTICLE IV, CHAPTER 8, OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS; PROVIDING FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF ALLEN; PROVIDING PROCEDURES FOR THE APPROVAL AND REGISTRATION OF SUCH SYSTEMS AND ESTABLISHING FEES FOR SUCH REGISTRATION: AUTHORIZING PENALTIES FOR EXCESSIVE FALSE ALARMS; PROVIDING DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in attempting to provide themselves with additional protection against crime, business people and homeowners have increasingly turned to alarm systems within the City; and, WHEREAS, the number of false alarms are increasing and it is necessary to establish a means of addressing this increase; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. From and after the effective date of this Ordinance, Ordinance No. 305 and Article IV, Chapter 8, of the Code of Ordinances, City of Allen, Texas, are hereby repealed. SECTION 2. Definitions. For the purposes of this Ordinance, the following terms shall apply: Alarm System means a device or system that emits, transmits, or relays a signal intended to summon or that would reasonably be expected to summon emergency services of the city, including, but not limited to, local alarms, phone-in alarms from security agencies, medical alert alarms and other emergency assistance alarms. "Alarm System" does not include vehicle alarms, unless such vehicle is permanently located at a site, nor an alarm designed to alert only the inhabitants of a premises which does not have a local alarm. Alarm Console means a monitoring panel, located at the police department, to Ordinance No. 831-11-87 - Page 1 which certain alarm sites are hard -wired or otherwise directly connected. False Alarm means an alarm notification or any other notification causing a response from the police or fire departments where the responding officer or fireman finds no reasonable cause for the activation. Hold-up Alarm means an alarm system designed to notify the police department of a robbery or attempted robbery whether actual or suspected. Intrusion Alarm means an alarm system designed to notify the police department of a break-in or attempted break-in to a building or residence. Supervisory Alarm means a signal indicating the need of action in connection with the supervision of sprinklers and other extinguishing systems or equipment, or the maintenance features of other protective systems. Fire Alarm means an alarm system sounding an alarm as a result of the manual operation of a fire alarm box or the operation of protection equipment or systems, such as water flowing in a sprinkler system, the discharge of carbon dioxide, the detection of smoke or the detection of heat. Local Alarm means an alarm system that emits a signal at an alarm site that is audible and/or visible from the exterior of a structure. SECTION 3. Permits. It shall be unlawful for any person to install any alarm system in the city which terminates at the alarm console, as defined herein, unless prior application has been made and an alarm permit issued by the chief of police, in the case of hold-up or intrusion alarms, or the fire marshal, in the case of supervisory or fire alarms. A separate permit application is required for each alarm site and each type of alarm system. All other alarm systems will be registered in accordance with procedures established by the chief of police or fire marshal as provided by Section 11 of this Ordinance. Permits will remain in effect for a period of one (1) year from the date of application. The chief of police or fire marshal will be notified of any changes in the permit information within ten (10) days of the change. Permits must be renewed no later than thirty (30) days prior to its expiration. Ordinance No. 831-11-87 - Page 2 SECTION 4. Permit Fees. No fees will be charged for permits issued to either alarms terminating at the police alarm console or for any other residential or business alarm system. SECTION 5. Automatic Dialing Telephone Alarms. It shall be unlawful for any person or business to install a hold-up, intrusion, fire or supervisory alarm device which causes the police or fire emergency telephone to ring without the written approval of the chief of police or the fire marshal. SECTION 6. Alarm Console. The chief of police is authorized to contract for a modularized alarm console to be installed at the police station for the purpose of displaying incoming alarms on a single console; and further providing that any and all fees or costs involved in connecting an existing or future system to the console be paid in full by the persons or businesses requesting the alarm installation. SECTION 7. Permits - existing alarms. Alarm systems which are presently in operation and connected to the alarm console must have a permit applied for and approved by the police chief, in the case of hold-up or intrusion alarms, or by the fire marshal, in the case of supervisory or fire alarms, within a period not exceeding sixty (60) days from the effective date of this Ordinance. SECTION 8. False alarms - service charge. Any alarmssy tem shall be assessed a service charge for excessive false alarms which shall be interpreted as those false alarms in excess of three (3) alarms per calendar year. The following charges will apply: Number of False Alarms Service Charge Per Occurrence 0 - 3 $ 0.00 4 - 7 $ 50.00 8 - 12 $ 100.00 13 + Suspension Exceptions: Owners of hold-up alarms will be charged $100.00 per occurrence with no free alarms. Owners of alarm systems with thirteen (13) or more alarms in the calendar year will have their alarm permit suspended or, in the case of a non -permit alarm system, Ordinance No. 831-11-87 - Page 3 that owner will be requested to disconnect the alarm system. Failure to disconnnect an alarm system when requested will constitute an offense punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each day that the alarm system remains in operation. Failure to pay appropriate service charges within thirty (30) days following notification will result in suspension or a late charge of Fifty Dollars ($50.00) for each day after the 30 -day period. The chief of police, in the case of hold-up or intrusion alarms, or the fire marshal, in the case of supervisory or fire alarms, is empowered to waive the late charge when, in their judgment, special or unusual circumstances exist. SECTION 9. Suspensions - length and appeal. (a) Suspensions under the above section will be for a period of thirty (30) days or until the owner of the alarm system can effectively demonstrate to the chief of police or fire marshal or their representatives that the system is working properly and is likely to be maintained and operated in a responsible manner in accordance with the provisions of this Ordinance. The permit holder will be charged a One Hundred Dollar ($100.00) reinstatement fee to be paid prior to reissuance of the permit or reconnection. Upon payment of this fee, the alarm record will start over with three (3) free false alarms. (b) Notification of suspension will be made in writing, by certified mail, to the owner of such alarm system stating the reason(s) for the suspension and notifying the owner of the right to appeal the suspension. An owner wishing to appeal the suspension must submit, in writing, a request for a hearing to the municipal judge of the city within ten (10) days of notification. The filing of a request for an appeal hearing shall stay the suspension until a final decision on the appeal is made by the municipal judge. If a request for an appeal hearing is not made within the ten (10) day limit, the suspension is final. (c) The municipal judge shall preside at any administrative hearing conducted under this section and shall consider evidence offered by any interested person(s). The formal rules of evidence shall not apply at such hearing. The municipal judge shall make his decision on the basis of a fair preponderance of the evidence presented and matters officially noticed at the hearing. The municipal judge shall render a written decision setting forth findings of fact and conclusions of law within thirty (30) days after the request for an appeal hearing is filed. Such decision shall affirm, reverse or modify the suspension action and his decision is final. Ordinance No. 831-11-87 - Page 4 (d) A person commits an offense if he operates any alarm system during the period of a suspension and shall be deemed guilty of a misdemeanor and fined not in excess of Five Hundred Dollars ($500.00). Each day of violation shall constitute a separate and distinct offense. SECTION 10. Responsibilities of Alarm System Owners. An owner of an alarm system must: (a) Adjust or modify the sensory mechanism of his alarm system to suppress false indications of force so that the alarm system will not be activated by impulses due to: (1) Transient pressure changes in water pipes; (2) Flashes of light; (3) Wind noise caused by the rattling or vibrating of doors or windows; (4) Vehicular noise adjacent to the installation; (5) Other forces unrelated to actual emergencies. (b) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system. SECTION 11. Administrative rules - establishment. The chief of police, in the case of hold-up or intrusion alarms, or the fire marshal, in the case of supervisory or fire alarms, is authorized to establish and enforce reasonable administrative rules and procedures to regulate the installation and operation of alarm systems, including, but not limited to, alarm installation, registration, response and removal; and further authorizing the enforcement of technical standards as may be adopted by the City of Allen. SECTION 12. Intentional Activation - unlawful. From and after the effective date of this Ordinance, it shall be unlawful for any person to intentionally activate or cause to be activated any hold-up, intrusion, supervisory or fire alarm without the existence of an emergency situation and with the intent of causing the response of city police or fire departments. SECTION 13. Violation of Ordinance - Misdemeanor. Any person who installs or operates an alarm system in violation of this Ordinance No. 831-11-87 - Page 5 Ordinance shall be deemed guilty of a misdemeanor and fined not in excess of Five Hundred Dollars ($500.00). Each day of violation shall constitute a separate and distinct offense. SECTION 14. Severability. Should any part or portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that the remaining portions of this Ordinance shall remain in full force and effect. SECTION 15. Effective date. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19th DAY OF NOVEMBER , 1987. APPROVED AS TO FORM: A. Don r , 1 torney APPROVED: ATTEST: I `Nc�_� �. Marty Hendrix, C16C, City Secretary Ordinance No. 831-11-87 - Page 6 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE `VEDGENVORTH, \vho having been by me truly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fretluendy than once a Nveek, having a general circulation in said county, and having been published regularly and continuously for more than t\kvlve nwnths prior to publishing Public notice — Ordinance 831-11-87 of wnicn the attached is a true and wntten copy, and which was published in THE ALLEN AMERICAN on November 25 & 29, [11987 and which was issued on November 25, 1987 ity of Allen of Collin County, Texas. A printed copy of said publication is atwch et �t SUBSCRIBED AND SWORN ,to before me this 15 day of D cembeV A D 19 87 PubLsher'saeB 580 Notary Public in and for Collin County, Tcxz a �y CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the followinc ordinance was adopted by the Allen Ctti Council in their regular meeting held or Thursday, November 19, 1987 (Title ane Penalty Clause only): . Ordinance No.l 831-11-87: An Ordi nance of the City of Allen, Texas, Repeal ing Ordinance No. 305 and Article IV Chapter 8, of the Code or Ordinances o the City of Allen, Texas; Providing for the Regulation of Alarm Systems Within the City of Allen; Providing Procedures for the Approval and Registration of Suct Systems and Establishing Fees for Suct Registration; Authorizing Penalties foi Excessive False Alarms; Providing Defini tions; Providing a Severability Clause; anc Providing an Effective Date. Any person who installs or operates ar alarm system in violation of this ordinancE shall be deemed guilty of a misdemeanor and fined not in excess of Five Hundrec Dollars ($500.00). Each day of violatior shall constitute a separate and distinct A copy of this ordinance may be read irchased in the Office of the City Secr V, City of Allen, One Butler Circle, Alk �xas. Marty Hendrix, CK City Secrete D BE PUBLISHED IN THE ALLE IERICAN ON WEDNESDAY, NOVEI :R 25, 1987 AND SUNDAY, NOVEI CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the following ordinance was adopted by the Allen City Council in their regular meeting held on Thursday, Novembef 19, 1987 (Title and Penalty Clause only): Ordinance No.I 831-11-87: An Ordi- nance of the City of Allen, Texas, Repeal- ing Ordinance No. 305 and Article IV, Chapter 8, of the Code or Ordinances of the City of Allen, Texas; Providing for the Regulation of Alarm Systems Within the City of Allen; Providing Procedures for the Approval and Registration^of Such Systems and Establishing Fees for Such Registration; Authorizing Penalties for Excessive False Alarms; Providing Defini- tions; Providing a Severability Clause; and Providing an Effective Date. Any person who installs or operates an alarm system in violation of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of Five Hundred Dollars ($500.00). Each day of violation shall constitute a separate and distinct pffense. A copy of this ordinance may be read or, purchased in the Office of the City Secret -1 ary, City of Allen, One Butler Circle, Allen j Marty Hendrix, CP City Secret; (TO BE PUBLISHED IN THE ALO AMERICAN ON WEDNESDAY, NOVE BER 25, 1987 AND SUNDAY, NOVE BER 19, 1987)