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HomeMy WebLinkAboutOrdinance 10142ORDINANCE No. AN ORDINANCE AMENDING CHAPTER lZ, "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES," OF' THE CODE OF THE CITY OF FORT WORTH (1986) BY AMENDING SECTIONS 12-1, 12-2, 12-3, 12-4, 12-6, 12-9, 12-10, 12-13, AND 12-14 THEREOF; DEFIN- ING CERTAIN TERMS; DELETING THE EXEMPTION OF ALARM SITES AT ONE-FAMILY AND TWO-FAMILY DWELLINGS; REQUIRING PERMITS OF OTHER POLITICAL SUBDIVISIONS EXCEPT FOR PERMIT AND SERVICE FEES; EXEMPTING CERTAIN DWELLINGS AND STATE AND FEDERAL GOVERNMENTAL ENTITIES; REVISING PERNiIT REQUIRE- MENTS; PROVIDING FOR PERMIT REVOCATION; PROVIDING FOR RENEWAL AND INSPECTION OF PERMITS; REGULATING INDIRECT ALARM REPORTING; EXEMPTING GOVERNMENTAL ENTITIES FROM THE PROHIBITION AGAINST DIRECT AUTOMATIC ALARM NOTIFICATION; PROVIDING FOR 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 PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 to read as follows: "Sec. 12-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ALARM NOTIFICATION shall mean a notification intended to summon the police, which is designed either to be initi- ated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. ALARM SITE shall mean a single premises or location (one (1) street address) to include suites, sections, or units served by an alarm system or systems that are under the control of one (1) owner. ALARM SYSTEM shall mean any mechanical or electrical device which is used to protect buildings or premises from criminal acts or unauthorized entries by warning persons of a crime or unauthorized entry through the emission of a sound or the transmission of a signal or message. Alarm system does not include an alarm installed on a vehicle unless the vehicle is permanently located at a site nor an alarm designed to alert only the inhabi- tants which does not have a local alarm. APPLICANT shall mean the person applying to be a permit holder pursuant to this chapter. AUTOMATIC ALARM NOTIFICATION shall mean an alarm notifi- cation sent over telephone lines, by direct connection or otherwise, a prerecorded voice message, synthesized voice message, or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. CENTRAL STATION shall mean an office to which remote and supervisory signaling devices are connected, where opera- tors supervise the circuits, and/or where guards are maintained continuously to investigate signals. CHIEF shall mean the chief of police of the City or his authorized representative. FALSE ALARM NOTIFICATION shall mean an alarm notification to the police department, when the responding officer finds no evidence of criminal activity far which the alarm system was designed to detect as shown in the permit. LOCAL ALARM shall mean an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. PERMIT HOLDER shall mean the person designated in the application as required in this chapter upon whom a duty or responsibility is imposed." SECTION 2. Section 12-2 of the Code of the City of Fort Worth (1986 ) is amended to read as follows: "Sec. 12-2. Applicability. (a) No permit required by this chapter shall be re- quired of a person who operates or causes to be operated -2- an alarm system at an alarm site at a one-family or two family dwelling until after a false alarm notification has been received based upon an alarm signal from such system. (b) Other political subdivisions that operate alarm systems shall be required to obtain a permit except that neither permit fees nor service fees shall be required of such political subdivisions. No permit shall be .required of state and federal governmental entities." SECTION 3. Section 12-3 of the Code of the City of Fort Worth (1986) is amended to read as follows: "Sec. 12-3. Alarm permit-Required; fee; application; transfer. (a) A person commits an offense if he operates or causes to be operated an alarm system without an 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 far each alarm system at each alarm site. (b) A fee of fifteen dollars ($15.00) shall be charged for the issuance of each permit other than per- mits issued pursuant to paragraph (c) of this section. (c) In lieu of the fee imposed by paragraph (b) of this section, a fee of fifty dollars ($50.00) may be paid and a permit obtained for a multi-family dwelling, apart- ment building, or apartment complex with one such permit required for each one hundred (100) units or less. (d) Upon receipt of a completed application form and the required fee, the chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under section 12-14 or has had an alarm permit revoked, and the violation causing the .revocation has not been carrected. (e) Each permit application must contain the follow- ing information: -3- (1) 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 chapter; (2) Classification of the alarm site as either residential or commercial, including, where the alarm site is an apartment, the building number and apartment number, if so numbered; (3) For each alarm system located at the alarm site the purpose of the alarm system, i.e., unautho- rized intrusion, burglary, robbery, or personal hostage or robbery; (4) Other information required by the chief which is necessary for the enforcement of this chapter. (f) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit. (g) An alarm permit cannot be transferred to another alarm system except by authorization of the chief. A permit holder shall inform the chief of any change that alters any information listed on the permit application within two (2) business days. No fee will be assessed for such changes. (h) A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which other wise ceases to come under the permitting require- ments of this chapter. Cancellation may be accomplished by returning the permit to the chief. (i ) All fees owed by an applicant must be paid be- fore a permit may be issued or renewed. (j) No permit fee shall be required for a permit ob- tained 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. The Chief shall consult applicable U.S. Government guidelines for housing and other assistance in making such determination." SECTION 4. Section 12-4 of the Code of the City of Fort Worth (1986 ) is amended to read as follows: -4- "Sec. 12-4. Revocation of permit. (a) The chief shall revoke an alarm permit if he determines that: (1) There is a false statement of a material matter in the application for a permit; (2) The permit holder has violated sections 12-3, 12-5, 12-6, 12-7, 12-8, 12-9 or 12-10; or (3) The permit holder has failed to make payment of a service fee assessed under section 12-14 within thirty (3U) days of receiving notice to do so. (b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is revoked." SECTION 5. Section 12-6 of the Code of the City of Fort Worth (1986) is amended to read as follows: "Sec. 12-6. Permit Duration; renewal, and inspection. (a) An alarm permit is issued for two (2) years and must be renewed every two (2) years upon submission of an updated application. It is the responsibility of the permit holder to submit an application prior to the permit expiration date. The chief shall determine the ~ first expiration date of a permit. (b) A permit shall not be renewed if the applicant has past due, outstanding service fees at another alarm site for which he is the permit holder unless the service fees are under review in an appeal pursuant to this chapter. (c) The permit holder for an alarm system shall keep such permit at the alarm site and shall produce such permit or evidence thereof for inspection upon request of any member of the police department." SECTION 6. Section 12-9 of the Code of the City of Fort Worth (1986) is amended to read as follows: -5- "Sec. 12-9. Indirect alarm reporting. A person who is engaged in the business of relaying alarm notifications to the city shall: (1) Communicate alarm notifications to the City in a manner and form dete.r:mined by the chief; (2) Provide local or toll free call-back telephone numbers when requested by the police depart- ment; (3) Contact a representative of the alarm site when requested by the police department; and (4) Comply with all other requirements of this chap- ter and any rules and regulations promulgated by the chief." SECTION 7. Section 12-10 of the Code of the City of Fort Worth (1986) is amended to read as follows: "Sec. 12-10. Direct automatic alarm notification. An alarm system, other than an alarm system in a local, state, or federal governmental entity or in a financial institution, which transmits automatic alarm notifications directly to the communications center of the police department shall be prohibited." SECTION 8. Section 12-13 of the Code of the City of Fort Worth (1986) is amended to read as follows: "Sec. 12-13. System performance reviews/and appeals. (a) 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 may require a conference with an alarm permit holder to review circumstances of each false alarm. (b) If there is belief that an alarm is the result of circumstances beyond the reasonable control of the -6- permit holder, the permit holder or the permit holder's representative may request a conference with the chief. (c) If the chief determines that an alarm is the result of circumstances within the reasonable control of the permit holder, the permit holder or the permit holder's representative may request a conference with the City Manager or his designee. The applicant or permit holder may appeal the decision of the chief to the City Manager by filing with the City Manager a written request for a conference, within ten (10) days after the confer- ence with the chief. The filing of a request for an appeal hearing with the City Manager stays an action of the chief until the City Manager or his designated repre- sentative makes a final decision. If a request for an ap- peal hearing is not made within the ten (10) day period, the action of the chief is final. A.n appeal hearing under this subsection shall be subject to the procedures pro- vided by Section 12-5(b). SECTION 9. Section 12-14 of the Code of the City of Fort Worth (1986) is amended to read as follows: "Sec. 12-14. Service fee. (a) Except as provided in subsections (b), (c) and (d) 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 bur- glary alarm notification emitted from an alarm system that is in excess of four (4) alarms within any twelve- month period and fifty dollars ($50.00) for each robbery 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 sixty (6U) 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 as- sessed. (c) If the responding police officer determines that an alarm notification was caused by unauthorized intru- -7- a `- sign, attempted unauthorized intrusion, robbery, at- tempted robbery or an attempt to take a person hostage, that notification will not be counted in determining when a service fee will be assessed. (d) An alarm notification will not be counted in determining when a service fee will be assessed if the permittee can prove that the alarm notification was the result of a severe weather condition, such as a tornado, hurricane or earthquake or other weather condition that causes physical damage to the alarm site, or the result of a malfunction in the operation of telephone lines for the transmission of alarm signals, proof of the latter being documented in the form of telephone company work orders or time stamped records from the alarm company showing the periods of interrupted service." SECTION 10. This ordinance shall be cumulative of all provisions of ordi- nances 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 ordinances and such Code are hereby repealed. SECTION 11. 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 unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City -8- ,~ .. .. ~ ;~, - e Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 13. 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 14. This ordinance shall take effect January 1, 1989, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~y~~/City Attorney DATE : ~' - 3 -, ~~' ADOPTED: EFFECTIVE: Ord? -9- _„ , City of ' wort Worth, ~'exas J1~ayor and Council Communication PAGE 1 0~ Recommendation It is recommended that the City Council adopt the attached ordinance amending Chapter 12 of the City Code, Emergency Reporting Equipment and Procedures and set the effective date of the amendments at October 1, 1988. Discussion Informal Reports 7230 and 7290 outline the need to deve]op and adopt several amendments to the existing ordinance which addresses the problem of false burglary and robbery alarm notifications. While commercial false alarms have been effectively reduced as a result of the provisions of the existing ordinance, residential false alarms continue to grow at a disturbing rate. The average number of monthly residential false alarms has increased by more than 150 since fiscal year 1985. The Police Department responds to 1,292 (average) residential false alarm calls per month as compared to 516 (average) per month in fiscal year 1985. The key provisions of the proposed amendments are outlined below: *Inclusion of residential alarm systems under the requirements of the existing ordinance, *Provide fora $50.00 permit fee per 100 units for apartment complexes, *Al1ow fora waiver of the $15.00 two-year permit fee low- income alarm users, *Assessment of a $50 00 service fee for each false robbery alarm notification in excess of two in a twelve-month period; *De,nial of permit if the applicant has past due service fees at another alarm site, *Require political subdivisions other than state and federal entities .to obtain :permits, no fees will be assessed. The provisions outlined above will help to contain the rapidly increasing number of residential false alarms and result in residential alarm users/owners .and alarm dealers working in concept to maintain alarm equipment and premises While additional staffing requirements have not been determined, permit and service fees will provide sufficient funds to cover the administrative costs associated with this program. ,~ ~, _ -~ llATE REFERENCE NUMBER SUNJEC.T AMEPIDMENTS TO CHAPTER 12 OF THE PAGE 7 5.88. G-7625 (R i ITY CODE, EMERGENCY REPORtING EQUIP- 2 0~ 2 ev e Financing Revenues generated as a result of the amendment of this ordinance will be posted and due general fund O1, Index Code 021130, Permit Fee-Burglar Alarm, and Index Code 021378, Service Charge-Burglar Alarm APPROVED BY CIS( COU~i~CIL JUL 2~ t9~~ Kai 4~Fa~~. Cftp' f~oxstaxX of the Cltst of Fort Vlfoxth, Taxoa SUBMITT£O iOR THE GER'S DISPOSITION 8Y COUNCIL. PROCESSED 8Y OF~I ~ sv Bob Terrell {~ APPROVED ORIGINATING I OTHER (DESCRIBE) DEPARTMENT NEAO~ ROd Bremb CITY SECRETARY fOR ADDITIONAL INFORMATION A(jO~}f ~~ Ordi~af~CQ lYOtl /~ CONTACT R. Bremb 612 GATE • "`+,•~