HomeMy WebLinkAboutORD 2007-51 - Alarm Systems*RDINANCE NO,0
An Ordinance of The City Council of the City Of Georgetown, Texas
Adding New Chapter 6.60 to the Code Of Ordinances Relating To
"Operation of Commercial and Residential Alarm Systems;"
Establishing Permitting Procedures, Fees and Penalties; Providing a
Severability Clause; and Establishing an Effective Date.
WHEREAS, the City Council of the City of Georgetown desires to establish procedures
for the Operation of Alarm Systems; and
WHEREAS, establishment of procedures will assist the City and the public in timely
review and issuance of licenses as contemplated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements - Goals and
Strategies:
The City provides for the safety of its citizens and supports the response
delivery of coordinated services by the City and other public agencies.
All municipal operations are conducted in an efficient businesslike
manner and sufficient financial resources for both current and future
needs are provided.
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 2 New Chapter 6.60 is hereby added to the City of Georgetown Code of
Ordinances and shall provide as follows:
CHAPTER 6.60 OPERATION OF COMMERCIAL AND RESIDENTIAL ALARM
SYSTEMS
Section 6.60.010. Definitions.
In this article the following words and terms shall have the following meanings ascribed
to them unless the context indicates otherwise:
Ordinance No. 1
Operation of Commercial and Residential Alarm Systems
Page 1 of 11
Alarm Administrator. A person designated by the Chief of Police to administer, control
and review False Alarm reduction efforts and administer the provisions of this
ordinance.
Alarm Installation Company. A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing alarm systems in an alarm
site.
Alarm Notification. A notification intended to summon the police or fire department,
which is designed to be initiated purposely by a person or by an alarm system that
responds to a stimulus characteristic of unauthorized intrusion or fire.
Alarm Permit. Authorization granted by the Alarm Administrator to an Alarm User to
operate an alarm system.
Alarm Site. A single premise or location (one street address) served by an alarm system.
Alarm System. Alarm system means any assembly of equipment or devices arranged to
signal the presence of a hazard requiring urgent attention and to which police or fire
department personnel are expected to respond. The term "alarm system" includes the
terms "automatic holdup alarm system," 'burglar alarm system," "holdup alarm system,"
"manual holdup alarm system" and "fire alarm system" and also includes any audible
sirens that can be heard by a person off the alarm site.
Alai -in Unit. Unit established to register, track, bill, analyze and coordinate all activities
associated with alarm systems, users and companies.
Alarm Unit Commander. Bureau Commander assigned to oversee the Alarm Unit.
Alarm User. The owner, agent or person in control of the property on which an alarm
system is maintained.
Alarm User Awareness Class. A class conducted for the purpose of educating Alarm
Users about the responsible use, operation, and maintenance of Alarm Systems.
Aaltomatic Alarm Notification. An alarm notification sent over telephone lines, by direct
connection or otherwise, a pre-recorded voice message, or coded signal indicating the
existence of the emergency situation that the alarm system was/is designed to detect.
Automatic Dial. Means any device connected to an alarm system which automatically
sends a prerecorded message or coded signal indicating the activation of the alarm
system to a predetermined Location.
Automatic holdup alarm system. Means an alarm system in which the signal transmission
is initiated by the action of a robber
Ordinance No. ?�
Operation of Commercial and Residential Alarm Systems
Page 2 of 11
Building. Any structure or enclosure intended for use as a habitation or for some
purpose of trade, manufacture, ornament, or use.
Central Station. An office to which remote and supervisory signaling devices are
connected, where operators supervise the circuits and relay alarm notifications to the
municipality for the purpose of summoning law enforcement to the Alarm Site.
Disconnect. Means to render an alarm disabled so as to prevent any direct or indirect
notification to the police department by a silent or local alarm.
Emergency Services. Police, fire, and emergency medical services.
Expired Permit. An invalid permit due to an expiration of the term of the permit period
defined herein.
False Alarms. See false Alarm Notification. Includes alarms resulting from operator
error, improper installation or maintenance, activation by animals, or other internal or
external initiators.
False Alarm Notification. A direct or indirect alarm notification to the police, fire, or
emergency medical services when responding personnel find no evidence of actual or
attempted robbery, burglary, personal hostage, fire, medical, or any other emergency at
the alarm site.
Holdup alarm system. Means an alarm system signaling a robbery or attempted robbery.
Local alarm. An alarm system that emits a signal at an alarm site that is audible or visible
from the exterior of a structure.
Manual Holdup alarm
system. Means any
alarm system in which the
signal
transmission is
initiated by a direct
action of the person
attacked or by an observer
of the
attack.
Monitored System. An alarm system, which a signal is sent to a central station to activate
emergency services.
Panic Alarm. An Alarm System signal generated by the manual activation of a device
intended to signal a life threatening or emergency situation requiring law enforcement
response.
Permit Holder. Means any person to whom an alarm system permit is issued
Person. means an individual, corporation, partnership, association, organization or
similar entity.
Relaying Intermediary. Means any person who reports the activation of an alarm to the
police department for compensation.
Ordinance No. � 51
Operation of Commercial and Residential Alarm Systems
Page 3 of 11
Section 6.60.020. Applicability.
(A) This article shall apply to any person who operates or causes to be operated an
alarm system at any alarm site.
(B) Registration fees shall not apply to alarm systems operated by local, state, or
federal governmental entities.
Section 6.60.030. Permit requirement; application; issuance.
(A) It is unlawful for an alarm system user to cause or permit the installation,
maintenance or operation of an alarm system at an alarm site unless a permit has been
issued by the City for the alarm system.
(B) An alarm system permit is necessary for each alarm site. A permit may cover
one or more alarm systems at an alarm site.
(C) An application for an alarm system permit shall be made by the alarm system
user on a form prescribed by the City. The application form shall include:
(1) The name, address and telephone number of the alarm system user;
(2) The street address of the alarm site;
(3) The type of property to be protected (i.e., commercial, residential or
industrial) and the type of alarm system to be installed at the site;
(4) Any business name or title used for the alarm site;
(5) Name, address and telephone number of the alarm protective service or
person who will install and service the alarm system;
(6) Names and telephone numbers of at least two people who are able to and
have agreed to receive notification, and respond within thirty (30)
minutes, at any time from the police or fire department in order to
deactivate the alarm system if it becomes necessary; and
(7) Any other pertinent information required by the police or fire department
which is necessary for the enforcement of this Chapter.
(D) Except as otherwise provided in Section 6.60.040, the City shall issue a permit to
the alarm system user upon submission of a complete application and payment of the
appropriate fee.
(E) The owner or property manager of an apartment complex shall obtain a master
alarm permit if an alarm system is operated in:
Ordinance No. /
Operation of Commercial and Residential Alarm Systems
Page 4 of 11
(1) a residential unit on the premises, whether the alarm system is furnished
by the owner or property manager or contracted for by an individual
tenant; or
(2) a non-residential. area of the apartment complex, including a common
tenant area, office, storage, or equipment area.
(3) A tenant of an apartment complex shall obtain an individual alarm
permit before the tenant operates or causes the operation of an alarm
system in the tenant's residential unit.
(4) The City will treat information on applications for permits for alarm
systems designed to detect criminal activity as confidential.
(F) Any permit issued pursuant to this article is applicable only to the permit holder
and is not transferable. A business that changes its name will retain the same permit,
provided that the permit holder and alarm site remain the same. Any business that
changes its name must notify the Georgetown Police Department, in writing, within ten
(10) days of the change and must update the alarm permit application.
(G) Each permit issued to an alarm system user is valid for one year or until one of
the following occurs within the year:
(1) Control of the alarm site is transferred from the permit holder to another
person or the location of the alarm site is changed.
(2) The permit holder voluntarily discontinues services provided by a
particular alarm protective service or disconnects the alarm system.
(3) The permit is revoked by the City pursuant to section 06.60.110.
(H) No permit shall be issued or renewed if service fees assessed under section
06.60.090 remain unpaid. No burglar alarm system permit will be terminated for non-
renewal without thirty (30) days notice by the City to the permit holder.
Section 6.60.040. Grounds for Denial of Permit
(A) A permit may be denied for:
(1) Any false statement on the application;
(2) Any false statement by applicant in comiection with the application;
(3) An applicant has failed to pay a service fee assessed Linder this Chapter;
or
Ordinance No.
Operation of Commercial and Residential Alarm Systems
Page 5 of 11
(4) An applicant has had an alarm site revoked, and the violation causing the
revocation has not been corrected.
Section 6.60.050. Operation and maintenance of Alarm Systems.
(A) A permit holder shall:
(1) Maintain the premises containing an alarm system in a manner that
ensures proper operation of the alarm system;
(2) Maintain the alarm system in a manner that will minimize false alarm
notifications;
(3) Respond or cause a representative to respond within one hour when
notified by the City to repair or inactivate a malfunctioning alarm system,
to provide access to the premises, or to provide security for the premises;
6.60.030 C(6) requires a representative to respond within 30 minutes.
(4) Not manually activate an alarm system for any reason other than the
occurrence of an event that the alarm system was intended to report;
(5) Utilize "relaying intermediaries" for residential alarm systems of all
classification types; and
(6) Utilize "relaying intermediaries" for commercial alarm systems of all
classification types except holdup alarms.
(B) A permit holder of a local alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen
(15) minutes after being activated.
Section 6.60.060. Policies and Procedures.
(A) The Chief of Police shall institute policies and procedures in the form of
operational orders to implement this Chapter.
(B) The Chief of Police shall publish or make available on the City's website
pertinent excerpts from this article and any relative policy statements that may be issued
concerning the "standards" for the operation of alarm systems subject to this Chapter.
Section 6.60.070. Police Response.
(A) The response, if any, made to a signal from a permitted alarm system shall be
subject to the policies and procedures of the police department and will be in accordance
with the priorities set for police response.
Ordinance No. 404 51
Operation of Commercial and Residential Alarm Systems
Page 6 of 11
(B) The issuance of a permit authorizing the use of an alarm system is not intended
to nor shall it create a contract, either express or implied, nor does it create a duty or
guarantee of response by the Georgetown Police Department. Any and all liability and
consequential damages resulting from the failure to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained.
Section 6.60.080. Fees.
(A) A permit holder, including the holder of a master alarm permit, shall pay to the
Police Department:
(1) the permit fee;
(2) a late payment fee, if the person fails to pay the permit fee by its due date;
and
(3) false alarm service fee assessed under Section 6.60.090 (False Alarm
Notification).
(B) The .fees assessed under this section are established as follows:
(1) Residential $25
(2) Commercial $75
(3) Alarm Company $100
Section 6.60.090. False alarm notifications and service fees
(A) The holder of an alarm permit shall pay a service fee, as provided for in the fee
schedule found in paragraph (E) of this section, for each false alarm notification that is in
excess of three (3) false alarms within any twelve (12) month period determined from
the date of alarm registration.
(B) Service fees are required to be paid within thirty (30) days of the post mark on
the invoice for such fees. Fees not paid with established time will be subject to
additional late charges as found in paragraph (E) of this section.
(C) For any alarm notification for which a service fee is assessed, the Chief of Police,
or their designee, has the authority to investigate the circumstances of the alarm, and
may waive the payment of the fee. If the responding police or fire officer determines
that an alarm notification was caused by an emergency, that notification shall not be
considered in determining when a service fee will be assessed.
(D) An alarm notification shall not be considered in determining when a service fee
will be assessed if the owner can demonstrate that the alarm notification was the result
Ordinance No. 7 f
Operation of Commercial and Residential Alarm Systems
Page 7 of 11
of severe weather affecting either the alarm system or the telephone lines delivering
such notification or a power outage lasting for more than four hours.
(E) Service Fees
Number of False Alarms Fees
1-3 $0
4-5 $50
6-7 $75
8 and above $100
Days Past Due
Fees
1-15
$25
16-30
$50
30-45
$75
46-60
$100
Section 6.60.100. Exceptions.
(A) The registration fee may be waived for local, state and federal governmental
agencies, educational institutions, churches and non -profits. The listed agencies are
subject to any and all service fees associated with false alarms.
Section 6.60.110. Denial; Revocation of permit.
(A) The Alarm Unit Commander may deny issuance or revoke an alarm system
permit if the Commander determines that:
(1) There is a false statement of a material matter on the application for a
permit;
(2) The permit holder has violated any section of this Chapter;
(3) The permit holder causes or permits any intentional activation of an
alarm system for the purpose of testing the response by the police or fire
department;
(4) The permit holder has failed to make timely payment of a service fee
assessed under section 6.60.090; or
(5) The number of false alarms at any one alarm site exceeds ten (10) during
any twelve (12) month period.
Ordinance No. 1
Operation of Commercial and Residential Alarm Systems
Page 8 of 11
(B) If the Commander revokes a permit, the Alarm Administrator will send to the
permit holder by certified mail, return receipt requested, written notice of the action and
a statement of the right to an appeal.
(C) It is unlawful for an alarm system user to operate an alarm system during a
period in which the permit for the system is revoked.
Section 6.60.120. Appeal of service fee or revocation of permit.
(A) A permit holder may present evidence to the Chief of Police that the activation of
an alarm system was not a false alarm.
(1) A permit holder may appeal the assessment of a false alarm service fee by
filing with the Chief of Police a written request for a hearing setting forth
the reasons for the appeal within ten (10) days after the assessment of the
service fee.
(2) The filing of an appeal with the Chief of Police stays the assessment of the
service fee until the Chief of Police makes a final decision.
(3) If an appeal is not made within the ten (1.0) day period, the assessment is
final.
(4) The burden shall be on the permit holder to prove that the activation of
the alarm system was not a false alarm.
(5) If the Chief of Police determines that the activation was not a false alarm,
any response by the police or fire department to the activation will not be
assessed fees.
(B) A permit holder may appeal the revocation of a permit to the Chief of Police.
(1) Permit holder may appeal by filing with the Chief of Police a written
request for a hearing, setting forth the reasons for the appeal, within ten.
(10) days after receipt of notice of the revocation from the Alarm Unit
Commander.
(2) The filing of an appeal with the Chief of Police stays the revocation Lentil
the Chief of Police makes a final decision.
(3) If an appeal is not made within the ten (10) day period, the revocation is
final.
Ordinance No. 82007"51
Operation of Commercial and Residential Alarm Systems
Page 9 of 11
(C) The Chief of Police or his or her designee will serve as hearing officer at an
appeal hearing.
(1) Formal rules of evidence do not apply, and the hearing officer will make
a decision on the basis of a preponderance of the evidence presented at
the hearing.
(2) The hearing officer will render a decision within thirty (30) days after the
request for an appeal hearing is filed.
(3) The hearing officer will affirm, reverse or modify the action forming the
basis for the appeal.
(4) The decision of the hearing officer is final as to administrative remedies
with the City.
Section 6.60.130. Reinstatement of Permit
(A)
A permit may
be reinstated by the Alarm Unit Commander when
the revoked
permit
holder pays the
application fee and any outstanding service fees and
shows:
(1) That the fees required under this article have been paid; and
(2) The alarm system is operated in accordance with the requirements of this
article.
Section 6.60.140. Penalty.
(A) Any person who shall violate any of the provisions of this article, or fail to
comply therewith, or with any requirements thereof, within the city limits shall be
deemed guilty of an offense and shall be liable for a fine in accordance with the general
penalty provision found in Section 6.60. of this code. Each day the violation exists shall
constitute a separate offense.
(B) Any person who operates, causes to be operated, or allows to be operated an
alarm system without a valid permit shall be charged a fee as set forth in the false
notification section herein for each notification of activation. This is in addition to any
criminal penalty imposed for violation of this article. This fee may be applied to an
original alarm permit application for first time offenders.
(C) It shall. be a Class C misdemeanor for any person to knowingly cause any
category of false alarm notification to be activated, or such incident may be investigated
if applicable as a violation of Texas Penal Code §42.06, "False Alarm or Report," a Class
A Misdemeanor or state jail felony depending upon circumstances.
OrdinanceNo.
Operation of Commercial and Residential Alarm Systems
Page 10 of 11
(D) The fee imposed for false alarms shall not exceed the amount set forth herein in
the case of false alarm notification based on the type and category of alarm signaled.
(E) The Alarm Fee Schedule in section 6.60.090 is hereby adopted and may be
amended from time to time by Chief of Police and approval of City Manager.
SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the f day of Azz,57' 2007.
1,,V 2007.
C
PASSED AND APPROVED on Second Reading on the day of ,
ATTE THE)
1
`,
Sandra D. Lee 'Gary
City Secretary May(
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No. e:200 7�37
Operation of Commercial and Residential Alarm Systems
Page 11 of 11
OF/GEORGETOWN:
on