O-2785-11-08ORDINANCE NO. 2785-11-08
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ALLEN, BY AMENDING CHAPTER 8 "LICENSES AND BUSINESS
REGULATIONS" BY AMENDING ARTICLE IV "ALARM SYSTEMS";
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended, by
amending Chapter 8, Article IV "Alarm Systems" to read as follows:
"ARTICLE IV. ALARM SYSTEMS
Sea 8-96. Definitions.
The following words and terms, as used herein, shall have the meaning respectively ascribed to them,
as follows:
' Alarm actuating device means a device that is designed to respond either manually or
automatically to smoke, fire, or activation of a fire extinguishing system.
Alarm site means a single location or premises served by an alarm system or that are ander the
control of one (1) person.
Alarm system means a device or system which transmits a signal which summons an emergency
service of the city. The categories of alarm systems are robbery, burglary, fire, emergency medical
assistance and emergency assistance. Alarm system does not include:
(1) An alarm installed on a vehicle unless installed at a permanent site, or such vehicle is
used for habitation;
(2) An alarm designed to alert only the inhabitants of a premise and the alarm system
does not omit a signal that is audible or visible outside the premise that it is installed
upon;nor
(3) An alarm installed upon the premises occupied by the city.
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 pilferage, 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 an alarm system device which is interconnected to a telephone
line and is programmed to select a predetermined telephone number and transmit by voice message or
code signal an emergency message indicating a need for emergency response.
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 characteristic of unauthorized
intrusion.
Business owner means the business owner of a retail establishment or commercial establishment
or manager on duty.
City means the City of Allen, Texas.
Chief ofpolice means the chief of police or designee.
Emergency assistance alarm means any automatic notification system other than those defined
herein which summons emergency assistance from the city.
Emergency medical assistance alarm rumfication means an alarm system which summons
emergency medical assistance.
False burglar alarm notification means an alarm signal, eliciting a response by police within
thirty (30) minutes of the alarm notification and the police determine from an inspection of the
interior or exterior of the premises that the alarm was false.
False emergency medical assistance alarm/personal distress/panic alarm notification means an
' emergency assistance alarm notification to the emergency personnel, when the responding emergency
personnel find no evidence of a need for emergency assistance.
False fire alarm notification means a fire alarm notification to the fire department, when the
responding fire department personnel find no evidence of smoke or fire having occurred.
False robbery alarm notification means a robbery alarm notification to the police, when the
responding police officer reasonably finds there is no evidence of a robbery.
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 fire marshal or designee.
Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible
from the exterior of a structure.
Occupant means the person responsible for having the alarm system installed or activated.
Permit holder means the person designated in the permit application who is responsible for
responding to alums 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 resolution.
Person means an individual, corporation, partnership, association, organization, or similar entity.
Ordinance No. 2785-11-08 Page 2
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Robbery alarm notification means 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.
Sec. 8-97 Permits required; applications; fees; false statements.
(a) A person commits an offense if the person activates, operates or causes to be operated an
alarm system without first obtaining a permit from the chief of police, or while the permit has been
suspended.
(b) Any person using an alarm system shall pay such permit fees, renewal fees, and service fees
as provided for in the fee schedule which is adopted by resolution of the city council.
(c) A permit shall only be issued to the resident of a single family dwelling; the tenant occupying
the unit of a multi -family complex; and the business owner of any retail or commercial establishment.
(d) Any person without an existing 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 30 days of installation of the
system or after the effective date of the ordinance from which this article is derived, whichever is sooner.
(e) Each permit application most contain the following information and be complete, true and
accurate in its entirety:
(1) The came, 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
[his article;
(2) The classification of the alarm site as either residential or commemial, including whether the
alarm site is apartment, the building number and the apartment number, if so numbered;
(3) The purpose of the alarm system for each alarm system located at the alarm site, i.e.,
unauthorized intrusion, robbery, panic/duress;
(4) The name and telephone number of the alarm system monitoring company that has agreed to
receive calls for the permitted alarm system, if applicable;
(5) At least three names and telephone numbers of contacts (responders) that are able to respond
to the alarm premises within 30 minutes with a key or means of access to the location if
needed by the emergency responders; and
(6) Other information required by the chief or designated representative that is necessary for the
enforcement of this article.
(f) Upon receipt of a completed application form and the required permit fee, the chief of police
shall issue an alarn 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 bas failed to pay the application fee assessed pursuant to this article; or
Ordinance No. 2785-11-08 . Page 3
(4) The applicant will not comply with any provisions of this article.
' (g) An alarm permit is issued to a specific individual and a specific address. An alarm permit
cannot be transferred to another person or another address. However, the individual designated to respond to
an alarm or relay an alarm can be changed. A permit holder most inform the city of any changes that alters
information listed on the permit application. No fee will be assessed for such changes.
(h) All fees owed by an applicant for which a bill bas been issued must be paid before a permit
may be issued.
(i) Failure of the alarm user to renew an alarm permit by the expiration date shall be considered
as not having a valid permit.
6) Any false statement or misrepresentation of a material fact made by an applicant or person for
the purpose of obtaining an alarm permit or renewal, or while making a change thereto, shall be sufficient
cause for refusal to gram a permit.
Sea 8-98 Alarm systems in apartment complexes.
(a) If the individual tenant, owner or property mau ager of an apartment complex installs an alarm
system or has an alarm system monitored m the tenam's residential unit on the premises, the tenant must
provide to the alarm company monitoring the alarm system the name of a representative of the owner or
property manager of the apartment complex who has keys to the tenant's residential unit.
(b) Each tenant shall obtain a permit from the chief of police before operating or causing the
operation of the alarm system.
' (c) For purposes of assessing service fees and enforcing this article against an individual
residential unit, the tenant is responsible for payment of service fees for false alarm notification emitted from
the alarm system in the tenant's residential snit.
(d) The owner or property manager of an apartment complex shall obtain a separate alarm permit
for any alarm system operated in a non-residential area of the apartment complex, including, but not limited
to, common tenant areas and office, storage, and equipment areas.
Sea 8-99 Permit duration and renewal.
A permit expires one year from the date of issuance and must be renewed annually by submitting an
updated application and a permit renewal fee to the chief of police. It is the responsibility of the permit holder
to submit an application prior to the permit expiration date. All service fees and late fees assessed under this
article must be paid prior to renewal of the permit. The chief of police shall provide thirty (30) days prior
notice to the permit holder before terminating a permit for no renewal.
Sec. 8-100 Responsibilities of permit holders.
(a) A permit holder in control of an alarm system shall:
(1) Adjust or modify 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 light;
C. Wind noise caused by the rattling or vibrating of doors or windows;
d. Vehicular noise adjacent to the installation; or
Ordimmce No. 2785-11-18 , Page 4
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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
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; and
(5) Notify the chief of police in writing of the date a permit is to be cancelled or that the permit
will out 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.
(b) If a permit holder or an emergency contact person is contacted to inspect an unsecured
building 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 of fifty dollars ($50.00) will be charged to the permit holder if the city
representatives have to secure the premises. The city is not responsible for loss or damage.
Sec. 8-101 Duties of alarm system company.
Any alarm 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
system location the following information:
a. A copy of this article;
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
police; and
(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.
Sen 8-102 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 adjusted so that, upon activation, the system will not
transmit another alarm signal without fust being manually reset. Each alarm notification shall be treated as a
false alarm.
Sec. 8-103. Reporting of alarm signals.
A permit holder or 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 this article and any rules and
Ordinance No. 2785-11-08 , Page 5
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 Fre Protection, as the case may be.
' Sec. 8-104. Fees.
A permit holder most pay any service fees as assessed under the provisions of this article within thirty
(30) days after receiving notification from the city that a service fee has been assessed. If the assessed fees
become ninety (90) days delinquent, a ten (10) percent late charge will be added.
(1) Burglar alarms. A permit holder will be assessed a fee established by resolution of the city
council from time to time for the signaling of a false alarm by a burglar alarm system in
excess of three (3) false alarms which have occurred during the previous twelve-month period
at the alarm site.
(2) Fire alarms. A permit holder will be assessed a fee established by resolution of the city
council from time to 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
alar site.
(3) Robbery alarms. A permit holder will be assessed a fee established by resolution of the city
council from time to time for the signaling of a false alar by a robbery alar system.
(4) Emergency medical assistance alarms. A permit holder will be assessed a fee established by
resolution of the city council from time to time for the signaling of a false alar by a medical
assistance alar system in excess of three (3) false alarms which have occurred during the
previous twelve-month period at the alarm site.
(5) Emergency assistance/personal distress/panic alarm. A permit holder will be assessed a fee
established by resolution of the city council from time to time for the signaling of a false
alar by an emergency assistance/personal distress or panic alar system in excess of three
(3) false alarms which have occurred during the previous twelve-month period at the alar
site.
Sec. 8-105. Revocation of an alarm permit.
(a) The chief of police may revoke or refuse to renew an alar 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 article
within thirty (30) days after a bill for the assessment was issued;
(4) The permit holder fails to maintain the alar system in accordance with the requirements of
this article; or
(5) The operation of the alar system by the permit holder has demonstrated a history of
' unreliability, as set forth in this section.
(b) A person commits an offense if he operates an alarm system during the period in which the
alar permit has been revoked.
Ordinance No. 2785-11-08 , Page 6
Sec. 8-106.
Grounds for nonrenewal of a permit.
' (1)
The alamt system has a history of unreliability and the applicant has failed to make
alterations or corrections to the system to reasonably assure abatement of false alarms. Any
alarm system generating ten or more false almm notifications within a 12 -month permit
period shall be presumed unreliable; and the alarm permit shall be revoked or suspended,
after the city provides 30 days written notice to the permit holder, until the permit holder has:
(a) Attended alarm user awareness class at a class approved by the chief or his designee;
(b) Provided a certificate of compliance; and
(c) Paid a reinstatement fee as established by City Council Resolution.
Sec. 8-107.
Reinstatement of permit.
(a)
A person whose alamt 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 resolution of the
city council;
(2)
Pays or otherwise resolves, all citations in municipal court issued to the person under this
article;
(3)
Pays all outstanding late fees and/or service fees assessed under this article for which a bill
has been issued; and
(4)
Submits documentation to the chief of police stating that the permit holder has performed all
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necessary repairs or adjustments required by the city, and has complied with all provisions of
this article
(b) A permit that has been reinstated shall expire on the same date it was originally set to expire,
one year from the date the permit was issued.
Sec. 8-108. System performance reviews.
If there is reason to believe that an alarm system is not being 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 company responsible for maintenance of the alarm system, and the fire
marshal, to review the circumstances of each false alarm.
Sec. 8-109. Appeal from penalty fee, denial, or revocation of a permit.
(a) Any applicant, permit holder, alarm installation company or monitoring company aggrieved
by the decision to assess a penalty fee by the chief of police or designated representative may appeal the
decision to an appeal board appointed by the city manager by paying an appeal fee set by City Council
Resolution and filing with the city secretary a written request for a hearing, setting forth the reasons for the
appeal within ten days after the chief of police or designated representative renders the decision. The filing of
a request for an appeal hearing with the city secretary stays the action of the chief of police or designated
representative in assessing a penalty fee until the appeal board makes a final decision. If a request for an
' appeal hearing is not made within the ten-day period, the action of the chief of police or designated
representative is final. Appeal fees will be returned if the decision of the chief of police or designated
representative is overturned.
Ordinance No. 2785-11-08 , Page 7
(b) If the chief of police or designated representative refuses to issue or revokes a permit, he shall
send to 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. The applicant or pennit holder may appeal the decision of the chief
of police or designated representative to the appeal board by filing with the city secretary within ten days after
receipt of the notice from the chief of police or designated representative. The filing of a request for an
appeal hearing with the board stays an action of the chief of police or designated representative in revoking a
permit until the board makes a final decision. If a request for an appeal hearing is not made within the ten-
day period, the action of the chief of police or designated representative is final.
Sec. 8-110. Protection of financial institution.
(a) A financial institution required to have an alarm system pursuant to the provisions of the
Bank Protection Act of 1968 (12 U.S.C., Section 1882) may install, with the permission of the chief of police,
a signal line directly to the police department for the purpose of reporting burglaries and robberies. If such an
arrangement is made, all other requirements of this chapter most be met. The financial institutions shall
execute a letter of agreement with the city permitting the installation of all necessary equipment on an
indicator panel monitored in the communications division of the police department. The installation most be
accomplished at the institution's expense.
(b) The financial institution shall pay an annual fee as provided in the fee schedule which is
adopted by resolution of the city council for each indicator. The chief of police or designee shall have the
right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require
necessary repairs or improvements. If the chief of police finds that the alarm system continually fails to
operate properly or be operated properly, the chief of police or designee may terminate the privilege to have
equipment and indicators in the communications center of the police department and require prompt removal
of the equipment at the expense of the financial institution.
(c) The financial institution, at its expense, shall make arrangements to provide service for the
alarm system at the request of the financial institution or the chief of police on a 24-hour basis, seven (7) days
a week. In no event may the city become liable for charges for repairs and maintenance.
(d) The financial institution may cancel its agreement with the city at any time by giving the city
written notice through the city manager, and at its own expense, remove its equipment and indicators from the
monitoring panel in the communications center.
(e) The chief of police may require any change, modernization, or consolidation of alarm
signaling equipment that the chief of police deems advisable. In no event may the city become liable for
charges for these changes.
(t) Instead of a direct line, a financial institution rosy report burglaries and robberies by
transmission through an alarm responding service using a special trunkline designated by the chief of police.
Sec. 8-111. Automatic dialing device.
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.
Sec 8-112. Confidentiality.
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All information submitted in compliance with this article shall be deemed confidential and not subject
to public disclosure unless required by law.
Ordinance No. 2785-11-08 , Page 8
Sec. 8-113. Violations; penalty.
' (a) An alarm company, an alarm permit holder or a person in control of an alarm system commits
an offense if he violates by any pmvisim of this article that imposes upon him a duty or responsibility.
(b) A person who violates a provision of this article 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 $500.00 as follows:
(1) For the fust conviction, $200.00
(2) For the second through tenth conviction, $250.00; and
(3) For each subsequent conviction, $500.00.
(c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this
article to hold a corporation, partnership or other association criminally responsible for acts or omissions
performed by an agent acting in 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.
Sees. 8-114$120. Reserved."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in fall force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as
amended hereby, which shall remain in fall force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the stun of Five Hundred Dollars ($500) for each offense.
SECTION & This Ordinance shall take effect immediately from and after its passage and the publication o
the caption, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE llra DAY OF NOVEMBER, 2008.
APPROVD:
Stephen Terrell, MAYOR
Ordinance No. 2785-11-08 . Page 9
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APPROVED AS TO FORM:
PD. Smith, C]TY ATTORNEY
(PGS:JJG 30413 8-27-08)
ATTEST:
Shelley B. George, 43VY SECRETARY
Ordinance No. 278511-08 . Page 10