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Home My WebLink AboutOrdinance 10903•y ORDINANCE N0. ~~ AN ORDINANCE AMENDING CHAPTER 12, "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES," OF THE CODE OF THE CITY OF FORT WORTH (1986) BY AMENDING SECTIONS 12-1, 12-2, 12-3, 12-6, 12-13 AND 12-14 THEREOF; DEFINING CERTAIN TERMS; CONCERNING APPLICABILITY; PROVIDING FOR ALARM PERMITS, FEES, APPLICATIONS AND TRANSFERS; CONCERNING PERMIT DURATIONS, RENEWALS AND INSPECTIONS; CONCERNING SYSTEM PERFORMANCE REVIEWS AND APPEALS; PROVIDING FOR SERVICE FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICA- TION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 12-1 of the Code of the City of Fort Worth (1986) is amended as follows: 1. The definition of the term "alarm system" is changed to read as follows: "ALARM SYSTEM shall mean any mechanical or elec- trical device which is used to protect buildings, premises, or persons from criminal acts or unauthorized entries by warning persons of a crime or unauthorized entry through the emission of a sound or the transmis- sion of a signal or message intended to summon police of a municipality in response to a burglary or robbery. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises which does not have a local alarm." 2. The definition of the term "false alarm notifi- cation" is deleted. SECTION 2. Section 12-2 of the Code of the City of Fort Worth (1986) is amended by changing Paragraph (a) to read as follows: "(a) No permit required by this chapter shall be required of a person who operates or causes to be operated an alarm system at an alarm site at a one- family or two-family dwelling until after an alarm notification has been received based upon an alarm signal from such system." SECTION 3. Section 12-3 of the Code of the City of Fort Worth (1986) is amended by changing Paragraphs (a), (b) and (j) to read as fol- lows: "(a) A person commits an offense if he operates or causes to be operated an alarm system without a valid alarm permit issued by the chief. Except as to multi- family dwellings, apartment buildings, or apartment complexes for which a permit is issued pursuant to paragraph (c) of this section, a separate permit is required for each alarm system at each alarm site. "(b) A fee of Twenty-five Dollars ($25.00) shall be charged for the issuance of each permit other than permits issued pursuant to paragraph (c) of this sec- tion. "(j) No permit fee shall be required for a permit obtained for an alarm system at a one-family or two- family dwelling when the alarm site is determined by the chief to be occupied by a low income family. In making such determination, the chief shall consult applicable U.S. Government guidelines for housing and other assistance, and may require the applicant to furnish appropriate documentation regarding household income." SECTION 4. Section 12-6 of the Code of the City of Fort Worth (1986) is amended by changing paragraph (a) to read as follows: "(a) An alarm permit is issued for two (2) years and must be renewed every two (2) years upon submission of an updated application and the required permit fee. It is the responsibility of the permit holder to submit an application and the required permit fee prior to the 2 , : ~. permit expiration date. The chief shall determine the first expiration date of a permit." SECTION 5. Section 12-13 of the Code of the City of Fort Worth (1986) is amended by changing paragraph (a) to read as follows: "(a) If there is reason to believe that an alarm sys- tem is not being used or maintained in a manner that ensures proper operation and suppresses alarm notifica- tions, the chief may require a conference with an alarm permit holder to review circumstances of each alarm notification." SECTION 6. Section 12-14 of the Code of the City of Fort Worth (1986) is amended by changing paragraphs (a) and (b) to read as follows and by adding new paragraphs (e) and (f) to read as follows: "(a) Except as provided in subsections (b), (c), (d), (e) and (f) of this section, the holder of an alarm permit or the user of an alarm system at an unpermitted site shall pay a service fee of Thirty Dollars ($30.00) for each burglary alarm notification emitted from an alarm system that is in excess of five (5) alarms within any twelve-month period and Sixty Dollars ($60.00) for each robbery or other manually activated alarm notification emitted from such alarm system that is in excess of two (2) alarms within any twelve-month period. "(b) If a person notifies the chief and applies for an alarm permit before a new alarm system is put into service, no service fee will be assessed during the first thirty (30) days after the system is put into service, and alarm notifications during that period will not be counted in determining when a service fee will be assessed. "(e) An alarm notification will not be counted in determining when a service fee will be assessed if more than 30 minutes elapses between the time the police department's Communications Division receives the noti- fication and the time a responding officer arrives at the location of the alarm notification. "(f) Except as provided in subsections (b), (c), (d) and (e) of this section, the holder of an alarm permit issued under Section 12-3(j) of this ordinance, a "low 3 income permit", shall pay a service fee of Fifteen Dollars ($15.00) for each burglary alarm notification emitted from an alarm system that is in excess of five (5) alarms within any twelve-month period and Thirty Dollars ($30.00) for each robbery or other manually activated alarm notification emitted from such alarm system that is in excess of two (2) alarms within any twelve-month period." SECTION 7. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordi- nances and such Code are hereby repealed.. SECTION 8. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 9. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the 4 r ~T ~ ail R , 4 caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 10. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized by Section 52.013, Texas Local Government Code. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ l ~` ADOPTED: '~~~ ~ `"/ EFFECTIVE: 5 MAS t'ER FILE• 1 '~ • l~/~ (~ ACCOUNTING 2 C~ ~/ O~ F~t`• ~O~j~ rPjaJ~r~) TRANSPORTA71oN~RiyE1{jp yy~ aS~®~ ~~~ f~~~~IL~'~ ~~~ • N~fER ADIdINIS~//rc•/A~~it/t~i/r1 d~y I) FARE A POLICE uw• i `~ DATE - a~r,~INtsr ;13/91 REFERENCE NUMBER G-9256 L NAME 02AMDC12 PAGE 1 of 1 SUBJECT AMENDMENT TO CHAPTER 12 OF THE CITY CODE, "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES" RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 12, "Emergency Reporting Equipment and Procedures," of the Code of the City of Fort Worth. DISCUSSION: Several of the proposed amendments are a result of a new state law which becomes effective September 1, 1991. Staff has included additional amendments to offset a portion of the lost revenue resulting from the requirements of the new state law. The key amendments included in the attached ordinance include the following: -- increasing the number of free false burglary alarms from 4 to 5; -- requiring that an alarm notification not be counted if the police do not respond to the alarm site within 30 minutes of receiving the alarm notification; -- raising the permit fee from $15 00 to $25.00; -- raising the service fee for false robbery alarms in excess of two within a twelve month period from $50.00 to $60.00; -- adding "panic," "duress," "hostage," or other manually activated alarm to the category of robbery alarm for service fee purposes; -- reducing the grace period from 60 days to 30 days for those residential systems which are permitted at the time of installation; -- providing for a 50-percent discount on service fees charged to holders of "low income permits;" and -- allowing the Police Chief to require that applicants provide appropriate income documentation when applying for a "low income permit." The Alarm Unit of the Police Department is responsible for enforcing the provisions of Chapter 12 of the City Code. DAI•c Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to *'~r!~F~~/~(~ ~Y ~ ~ ~ ' ~ U~ , ~ ~~~ iL Originating Department Head ;;u~t~ .I_; ;!;~,,;~~ o nc ~~~a~~ ,,~,;~ ?Q ;~~1 from r For Additional Information ~~.'t~'~ -...<,,A„- .__. Contact ._.~ ~_~'~iery Ci iaf! Printed on regded paper