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HomeMy WebLinkAboutOrdinance 16908-04-2006Ordinance Nv. 1690$-04-2006 AN ORDTNANCE TO AMEND THE CODE OF TIIE CITY OF FORT WORTI-I, CHAPTER 12 ~~EMERGENCY REPORTING EQUIPMENT AND PROCEDURES": TO ADD A DEFINITION FOR ALARM UNIT; REMOVE THE PENALTY FOR OPERATING AN ALARM SYSTEM WITHOUT A PERMIT; REVISE PERMIT REQUTREMENTS AND PERMIT REVOCATTON PROCESSES; AND REVISE TlFIE DUTIES OF ALARM COMPANIES; PROVTDING THAT THTS ORDINANCE SHALL BE CUMULATTVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVTDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2005, (M&.C G-14935}, the City Council amended Chapter 12 of the City Code in accordance with state law to increase fine amounts for excessive false alarms and authorize the revocation of permits that had night or mare false alarms in the previous twelve month period; and WIIEREAS, entices for revocation. were sent to permit holders in Decernber of 2005 with the first revocations in January of 2406, however permit holders were given. the apportun~ty to provide documentation of corrective action to avoid revocation of said permit; and WHEREAS, City staff recommends that permit holders be provided a process by which, prior to revocation and possible appeal to the City Manager, the permit holder may submit docuznentatinn showing that corrective action has been taken; and WITEREAS, City staff also recommends that each unit of amulti-family dwelling or apartment complex with an alarm system be required to obtain an alarm permit, if police response is desired, to eliminate confusion over whack units have been revoked for excessive false alarms, amending Section 12-2(e} allowing one alarm permit per one hundred units; and WHEREAS, state law provides that municipalities may require that alarm companies attempt to contact the occupant of the alarm system location twice before the municipality responds and staff recommends codifying this change along with other changes as described below in state law regarding the duties of alarm companies; and NOW, THIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION 1. Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-1 "Definitions" of the code of the City of Fort Worth is hereby amended to read as follows: Alarm Unit shall mean City personnel assigned to the Development Department who issue permits, monitor false alarms, and manage permit revocations on behalf of the Chief of Police. SECTION 2. Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-2 "Alarm permit required; fee; application; transfer" of the code of the City of Pork Worth is hereby amended to read as follows: Sec. 12-2 Alarm permit required; fee; application; transfer. (a) A valid alarm permit issued by the chief of police is required if a permit holder operates or causes to operate an alarm system and the permit holder desires to receive police response to an alarm site. A separate permit is required for each alarm site. (e) A tenant of a multifamily dwelling, apartment building, or apartment complex desiring police response for an alarm notification is required obtain a valid alarm permit from the chief before operating or causing the operating of an alarms system in the tenant's residential unit. (f) The owner or property manager of an apartment complex desiring police response for an alarm notification is required to obtain separate valid alarm permits for any alarm system operated in a nonresidential area of the apartment building or apartment complex, including but not limited to common tenant areas, off ce, storage and equipment areas. (g) Within thirty (30) days of 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 or has had an alarm permit revoked, and the violation causing the revocation has not been corrected. SECTION 3. Chapter 12, Section 12-3 "Grounds for denial of a permit/revocation" of the code of the City of Fort Worth is hereby amended to read as follows: Sec. 12-3. Grow~ds for denial of a permit/revocation (a) Grounds for denial of a permit. 2 1. the chief shall issue a permit to the applicant unless one (1) or more of the following conditions are present: a. The applicant fails to provide all of the information requested on the application or otherwise submits an incomplete application. b. The applicant gives false, misleading or untrue information of material fact on the application. c. The aperaiion, as proposed by the applicant would not comply with all applicable laws, included but not limited to, this chapter or the city building, zoning or health codes; d. The alarm system has generated eight ($) or more false alarms during the preceding twelve { 12) month period; or e. The applicant has failed to pay the applicable fee or any service fee assessed pursuant to this chapter that are due and awing; or f. The application is far a location where a permit was revoked during the preceding twelve (12) month period. 2. Denial of an alarm permit shall be effected by written denial, setting forth the grounds fox denial and mailed to the applicant by depositing the notice in the United States mail, addressed to the applicant with postage prepaid. {b) Revocation of a peNtnit. 1. the chief shall revoke an alarm permit if he determines that: a. the permit holder or his Iher designated agent has given false, misleading or untrue information of material fact in any record or report required by this chapter; b. the permit holder fails to maintain the alarm system in accordance with this chapter; c. the operation of the alarm system by the permit holder has generated eight {$) or more false alarms during the preceding twelve {12) month period and the permit holder has not complied with the requixexnents of section ] 2-S; d. the permit holder has failed to make payment of an assessed service fee within thirty (34) days of receiving notice to do so. SECTII®1®T 4. Chapter 12 "Emergency Reporting Equipment and 1'racedures", Section 12-5 "Reinstatement of a permit" of the code of the City of port Worth is hereby amended to read as follows: Sec. 12-5 Reinstatement of a permit; Avoidance of permit revocation. (a) a person whose alarm permit has been revoked may have the permit reinstated if the person: 1. submits an updated application in accordance with this chapter; and 2. pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established 3 and the permit holder has not been revoked for having generated eight (S) or more false alarms during the preceding twelve (12) month period. (b) A permit balder whose alarm permit is pending revocation for excessive false alarms may avoid permit revocation if within forty-five (~1S) days after receipt of notice from the Alarm Unit, provides the fallowing information or the following circumstances are met: 1) A statement on official letterhead from the alarm company and/ar a work order listing the work performed and confirmation that the system has been repaired or replaced; and 2) A written statement of proactive steps taken to resolve user-error issues that are not system related such as employee training, Final authority to accept or reject this statement rests with the Chief of Police; and 3) Pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established; and 4) A permit balder has not been previously served with a revocation notice for excessive false alarms and avoided revocation with documentation of corrective action. (c) A reinstated permit expires the same date on which the original permit would have expired had it not been revoked. (d) A permit revoked for excessive false alarms shall not be eligible for reinstatement for twelve (12) months from the date of revocation. SECTYOIoI 5. Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-6 "Appeal from permit denial or revocation" of the code of the City of Fort Worth is hereby amended to read as follows: Section 12-6 Appeal from permit denial ar revocation. (a) If the Chief refuses to issue or renew a permit, ar revokes a permit, he shall send to the applicant or permit balder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant ar permit holder may resolve the situation as outlined in Section 12-5 if eligible or appeal the decision of the Chief to the City Manager by filing with the City Manager a written request for a hearing setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the Chief The filing of a request for an appeal hearing with the City Manager stays the action of the Chief in revoking a permit until the City Manager or his designated representative makes a final decision. if a request for an appeal hearing is not made within the ten (10) day period, the action of the Chief is final. SECTXON b. 4 Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-5 "Monitoring Procedures" of the code of the City of Fnrt Worth is hereby amended to read as follows: Any alarm company engaged in the business of monitoring alarm systems in the city shall: (2) Before requesting police response to an alarm signal, attempt to verify every alarm signal, except a duress, hold up, or panic alarm activation, by placing two telephone calls to the alarm site; SECTION 7 Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-9 "Duties of an alarm company" of the code of the City of Fort Worth is hereby amended to read as follows: {b) An alarm company that has a contract with a permit balder or person in control of ap alarm system shall send a certification to the chief within thirty (3D) days of performing ar causing the performance of an alarm system installation ox conversion. The information captained in the certification is confidential to the extent required by Section 1702.286 of the Texas Occupations Cade and other law. The certification must state: 1) The date of installation or conversion of the alarm system, whichever is applicable; 2) The name, address, telephone number, and current state license number of the alarm company providing the alarm system installation or conversion; 3) The name, address, telephone number, and current license number of the alarm company providing monitoring far the alarm system, if different from the alarm company under contract to provide installation or conversion of the alarm system; 4) The name of the occupant of the alarm system location and the address of the alarm system location; S) That the applicant has been given a complete set of written operating instructions for the alarm system, written information on the applicable law relating to false alarms, including the potential for penalties and revocation ar suspension of a permit, and written guidelines on haw to avoid false alarms; and 6) That the alarm company has trained the applicant in the proper use of the alarm system, including instructions on how to avoid false alarms. SECTION 8. Chapter 12, Section 12-15 "System performance reviews and appeals" of the code of the City of Fart Worth is hereby repealed: SECTI®N 9. Chapter 12 "Emergency Reporting Equipment and Procedures", Section 12-16 "Service Fees" of the code of the City of Fort Worth is hereby amended to read as follows: Section 12-16 Service Fees. (t~),,~n alarm notification will not be counted in determining when a service fee will be assessed or when revocation proceedings commence if the permitee can prove that the alarm notification was the result of 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. If there is evidence that an alarm is the result of some other circumstance that is beyond the reasonable control of the permit holder, the Alarm Unit supervisor, at his or her discretion, will not count the alarm notification when determining service fees or alarm revocation. If a service fee is assessed or revocation proceedings commence as a result of the alarm notification determination, the applicant or permit holder may appeal the decision to the Chief by filing a written request for a conference within ten (1 Q} days of the decision by the Alarm Unit. (c) An alarm notification will not be counted when determining when a service fee will be assessed or when revocation proceedings commence if more than thirty (30} minutes elapse between the time the police department's communications division receives the notification and the time a responding officer aixives at the location of the alarm notification. SECTI®1`T 10. This ordinance shall be cumulative of all previsions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the previsions of this ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTI01,1 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 6 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, paragraphs 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, sentence, paragraph or section. SECTTOI~I 12. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance shall be fined not mare than Five Hundred Dollars {$500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTI®N T3. All rights and remedies of the City of Fort Worth, Texas, axe expressly saved as to any and all violations of the provisions of the Code of Fart Worth which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court ar not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTI®N 14. The City Secretary of the City of Fart Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance far two {2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTI®liT T5. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorne By: ~.~~ Assistant City Attorney ADOPTED: A ri125 2006 ~~~~ EFFECTIVE: 7 ~i~i ®f F®~t ®-~ff~, ~~xas Mayor and Council Communication COUNCIL ACTION: Approved on 4!2512006 - Orcli~ance No. 1690804-2006 DATE: Tuesday, April 25, 2006 LOG NAME: OBAI...ARMS REFERENCE NO.: '~'~G-'15172 ~U13JECT; Adapt Ordinance Amending fihe Cade of the City of Fort Worth, Chapfier 12, Emergency Reporting Equipmenfi and Procedures RECOMMENDATION. It is recommended that the City Council adopt the attached ordinance amending the Code of the City of Fart Worth, Chapter 12, "Emergency Reporting Equipment and Procedures." ®iSCCISSION: The amendments to the ordinance are as follows: a. Amend Section 12-2(a} by deleting the statement that "A persnn commits an offense if he operates, or causes to be operated, an alarm system without a valid alarm permit issued by the chief;" b. Amend Section 12-5 to add provisions to resolve delinquent alarm system opera#inn prior to a formal appeal and to deny reapplications for a period of at least one year for permits revoked due to excessive false alarms; c. Amend Section 12-2{a} and {e} to eliminate prevision that amulti-family housing unif or apartment may acquire a single permit far up to 100 units and to require a spearate permit for each alarm system at each alarm site; d. Delete Section 12-3{d)(2) that states "A persnn commits an offense if he operates an alarm system during the period in which his alarm permit is revoked;" 5. Add requirements that alarm companies make two attempts to contact the property ownerloccupant prior to requesting police response; and, 6. Delete Section 12-15 System Performance Reviews and Appeals due to redundancy with other provisions of the ordinance and add language to Section 12-16 for the review and appeal of false alarms fees challenged by the permit holder. On September 27, 2005, (M&C G-1935} the City of Fart Worth Alarm Ordinance was updated to include a new fee structure and the authority to revoke permits that had eight ar more false alarms in the previous 12w month period. At the time, there were more than 550 permits to which this would apply. Notices were sent to permit holders in December with the first permits revoked in January of 2006. Permit holders are being given the opportunity to provide documentation of the corrective action that has been taken to avoid the revocation of the permit. The current ordinance outlines an appeal process to the City Manager following the revocation of the alarm. However, prior to an appeal, staff recommends that permit holders be allowed to submit documentation of Logname: 06ALARMS Page 1 of 2 corrective action such as alarm replacementlrepairs or employee training. This will provide better customer service to the permit holders who are taking steps to resolve their issues while also reducing the number of potential appeals to be considered by the City Manager's Office. The change also prevents applicants with a history of excessive faire alarms from reapplying for a period of at least one year from the date of revocation. The current ordinance characterizes the operation of an alarm system without a permit as an offense that can be cited and fined. However, as staff begins revoking permits, some citizens will continue to have contracts with alarm companies and will cantinas to operate the system even if they will not get a police response for an unverified alarm. Revocation of the permit is an appropriate penalty and should result in the desired effect of eliminating police response at those locations, making the citation process unnecessary. The current ordinance allows multi-family dwellings and apartment complexes to acquire one permit far up to 100 units. Under this system, a permit could be revoked and police response refused to an apartment occupant who has never had a fairs alarm due to the behavior of neighbors. Fees would also be contingent upon the call history of other residents. Currently there are 1 ~ apartment complexes with permits to Inver multiple units. With this change, they will oat be renewed upon expiration and individual residents will be required to seek a permit to continue receiving police response to automatic alarms. This will mare appropriately assign the cost of the program across all citizens whether they live in single-family or a multi- family housing. The Texas Occupations Cade allows cities to require alarm companies to make two attempts to contact property ownerloccupants prior to seeking police response. The Alarm Task Force supported this as a local rule and this change will codify the requirement. The alarm companies are also required to notify the City upon installation of new monitored systems so a copy of the requirements far police response can be sent to the customer. Section 12-15 System Performance Reviews and Appeals should be deleted because conferences between the Chief and a permit holder who is not properly using an alarm system are unnecessary with the City's legal authority to revoke permits with excessive false alarms. instead, section 12-16 Service Fee viii add the following language "'(d} A permit holder who has accumulated a false alarm that they believe was beyond their reasonable contro! may submit documentation to the Chief. If the Chief determines that an alarm is the result of circumstances within the reasonable contra! of the permit balder, the permit holder or the permit hn[der's representative may appeal the decision consistent with the appeal process (12-6) for permit denials or revocation." Implementation of these changes will allow staff to improve the management of false alarms and the necessary resources required far response. FISGAL INF®RMATIONIGERTII=ICATI©N: The Finance Director certifies that this action has no material effect on City funds. TO FcrndlAccountlCenters FROM F€~ndlAccountlCenters Sui~rrtitted for City Manager's Office b_y: Dale Fisseler 0140) Oriainatina ©epartment Head: Bob Riley (88(71) Additional Information Gantact: Susan Alanis (8180) Lognae: 06ALAR.MS Page 2 of 2