HomeMy WebLinkAboutIR 7505 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7505 -
Page I of 2
January 3, 1991
`oESOery To the Mayor and Members of the City Council
Subject: FALSE ALARM ORDINANCE UPDATE
BACKGROUND
On February 14, 1984, the City Council adopted an alarms
ordinance which required operators of burglar alarm systems at
commercial sites to obtain a $15, two-year permit for each
separate alarm system. The permit is required at the time the
system is first activated. Under the ordinance, the holder of a
permit is allowed four free False Alarm Notifications `FANs )
within a twelve month period. For every FAN in excess of four ,
the holder is charged a $30 service fee.
On January 1 , 1989, an amendment to include residential alarm
systems under the alarms ordinance went into effect. The permit
fee and service fee for residential systems is the same as those
for commercial systems. However, residential systems are not
required to have a permit until after the first FAN. A copy of
the amended ordinance is included as Attachement A.
FISCAL YEAR 1989-90 FALSE ALARM ACTIVITY
During the 1989-90 fiscal year, the Police Department received
40,283 commercial and residential alarm notifications. Of these,
38,619, or 95.87%, were classified as false alarms. Police
officers spent over 21 ,393 hours responding to these false
alarms.
While the total number of false alarms continues to be a problemo
the number of residential and commercial false alarms during
1989-90 indicates that the ordinance is beginning to have the
desired effect.
A. RESIDENTIAL ALARMS
For the first time, the number of residential FANs decreased from
the previous year . For fiscal year 1989-90, residential FANs
totaled 13,456, down 1 .66% from 198e-89' s total of 18,768.
Attachment B shows that since the inclusion of residential a3a-m
systems under the alarms ordinance in January 1989, the growth in,
the number of residential FANs has decreased significantly.
During the 1989-90 fiscal year, residential FANs cost
approximately $413,415. The police department spent over 10, 130
hours responding to residential FANs.
A total of 4,499 residential alarm permits were issued during the
1989-90 fiscal year. Revenue collected from residential permit
fees and FAN service fees totaled $156,053.50. This revenue
offsets approximately 138% of the costs of residential. FANs .
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7505
ea 2 ot 2
Januge ary 3, 1991
To the Mayor and Members of the City Council
Subject: FALSE ALARM ORDINANCE UPDATE
B. COMMERCIAL ALARMS
Like residential false alarms, the number of commercial false
alarms during fiscal year I989-90 also decreased from fiscal year
1988-89. There were a total of 20, 163 commercial FANS in
1989-90. This is a 2.31% decrease from 1988-89' s total of
20,639. Attachment C shows the somewhat irregular growth in the
number of commercial false alarms since the inception of the
ordinance in 1984.
Commercial FANS in 1989-90 cost approximately $451 ,652. The
police department spent more than 11 ,200 hours responding to
Commercial FANS.
During 1989-90, 2,682 commercial alarm permits were issued.
Alarm permit fees and FAN service fees collected during 1989-90
for commercial alarm systems totaled $267,243.50. This revenue
offsets approximately 59% of the cost of responding to commercial
FANs.
Staff will continue to provide periodic updates on false alarm
activity.
Resp tf 1 Submitted
p
David Ivory
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
CITY OF FORT WORTH AilIAL1114till A (d)Upon receipt of a completed application form and the required
ALARM ORDINANCE fee, the chief shall issue an alarm permit to an applicant unless the
applicant has failed to pay 2 service fee assessed under Section 12-14 or
CHAPTER 12 has had an alarm permit revoked, and the violation causing the
EMERGENCY REPORTING EQUIPMENT AND revocation has not been corrected,
PROCEDURES (e)Each permit application must contain the following information:
(1)Name,address and telephone number of the permit holder
5r2-1.DefinItions. who will be responsible for the proper maintenance and
.,je following words,terms and phrases,when used in this Chapter, operation of the alarm System and payment of fees assessed
shall have the meanings ascribed to them in this section,except where under this chapter,
the context dearly indicates 2 different meaning,. (2)Classification of the alarm site as either residential or
ALARM NOTIFICATION shall mean 2 notification intended to commercial,including,where the alarm site is an apartment,
summon the police,which is designed either to be initiated purposely the building number and apartment number, if so num-
by a person or by an alarm system that responds to a stimulus bered;
characteristic of unauthorized intrusion. (3)For each alarm system located at the alarm site the purpose
of the alarm system,i.e.,unauthorized intrusion,burglary,
ALARM SITE shall mean 2 single premises or location(one(1)street robbery,or personal hostage or robbery;
address)to include suites,sections,or units served by an alarm system (4)Other information required by the chief which is necessary
or systems that are under the control of one(1)owner. for the enforcement of this chapter.
ALARM SYSTEM shall mean any mechanical or electrical device (f)Any false statement of a material matter made by an applicant for
which is used to protect buildings or premises from criminal acts or un- the purpose of obtaining an 212ffn permit shall be sufficient cause for
authorized entries by warning persons of a crime or unauthorized entry refusal to issue a permit.
through the emission of a sound or the transmission of a signal or W An alarm permit cannot be transferred to another alarm system
message.Alarm system does not include an alarm installed on a vehicle except by authorization of the chief. A permit holder shall inform the
unless the vehicle is permanently located at a site nor an alarm designed chief of any change that alters any information listed on the permit
to alert only the inhabitants which does not have a local alarm. application within two(2)business days.No fee wil I be assessed for such
changes.
APPUCANT shall mean the person applying to be a permit holder (h)A permit holder shall cancel a permit for any alarm system which
pursuant to this chapter. is removed from an alarm site or which otherwise ceases to come under
AUTOMATIC ALARM NOTIFICATION shall mean an alarm notify the permitting requirements of this chapter. Cancellation may be
cation sentover telephone lines,by direct connection or otherwise,2 pre- accomplished by returning the permit to the chief
recorded voice message, synthesized voice message, or coded signal (i)All fees owed by an applicant must be paid be-fore a permit may
indicating the existence of the emergency situation that the alarm system be issued or renewe&
is designed to detect. Q No permit fee shall be required for 2 permit obtained for an alarm
CENTRAL STATION shall mean in office to which remote and system at a one-family or two-family dwelling when the alarm site is de-
supervisory signaling devices are connected,where operators supervise termined by the chief to be occupied by a low income family.The chief
the circuits,and/or where guards are maintained continuously to inves- shall consult applicable U.15. Government guidelines for housing and
tigalwign2l& I other assistance in making such determination.
r ,JV shall mean the chief of police of the city or his authorized, Sec.12-4.Revocation of permit_
representative. (a)The chief shall revoke an alarm permit if he determines that-
(1)There is a false statement of a material matter in the
FALSE ALARM NOTIFICATION shall mean an alarm notification to application for 2 permit;
the police department,when the responding officer finds no evidence (2)The permit holder has violated sections 12-3, 12-5, 12-6,
of criminal activity for which the alarm system was designed to detect as 12-7, 12-8, 12-9 or 12-10;or
shown in the permit. (3)The permit holder has failed to make payment of a service
IA)MALARK shall mean an alarm system that emits a signal at an fee assessed under section 12-14 within thirty(30)days of
alarm site that is audible or visible from the exterior of a structure. receiving notice to do so.
(b) A person commits an offense if he operates an alarm system
PERMIT HOLDER shall mean the person designated in the app,Ica- during the period in which his alarm permit is revoked..
tion as required in this chapter upon whom a duty or responsibility is
imposed. Sec.12-5.Appeat from permit denial or revocation.
Sec.12-2.ApplikabUlty. (a)If the chief refuses to issue or renew a perrnit,or revokes a permit,
(a)No permit required by this chapter shall be required of a person he shall send to the applicant or permit holder by certified mail,return
who operates of causes to be operated an alarm system at an alarm site receipt requested,written notice of his action and a statement of the tight
at a one-family ortwo-faffiflydwelling until after 2 false alarm notification to an appeal.The applicant or permit holder may appeal the decision of
has been received based upon an alarm signal from such system. the chief to the city manager by filing with the city manager a written
(b)Other political subdivisions that operate alarm systems shall be request for 2 hearing,setting forth the reasons for the appeal,within ten
required to obtain 2 permit except that neither permit fees not service (10)days after receipt of the notice from the chief.The filing of a request
fees shall be required of such political subdivisions.No permit shall be for an appeal hearing with the city manager stays an action of the chief
required of state and federal governmental entities. in revoking a permit until the city manager or his designated represen-
tative makes a final decision. If a request for an appeal hearing is not
S&-- 12-3.Alarm permit-Required;J[eq application;transfer. made within the ten-day period,the action of the chief is final.
a) A person commits an offense if he operates or causes to be (b)The city manager shall set 2 time and place for the hearing,which
operated an alarm system without an alarm permit issued by the chief. shall be served upon the applicant or permit holder by certified mail,
Except as to multi-family dwellings,apartment buildings,or apartment return receipt requested. The city manager or his representative shall
zomplcxes for which a permit is issued pursuant to paragraph(c)of this serve as hearing officer at an appeal and consider evidence by any
section,a separate permit is required for each alarm system at each alarm interested person.The formal rules of evidence do not apply at an appeal
site. hearing.All parties to die hearing shall have the right to present evidence
of r*,fee of fifteen dollars($15.00)shall be charged for the issuance and shall have the right of cross-examination.The hearing officer shall
permit other than permits issued pursuant to paragraph(c)of this make his decision on the basis of a preponderance of the evidence within
section, fifteen(15)days after the request for an appeal hearing is riled.The time
(c)In lieu of the fee imposed by paragraph(b)of this section,a fee for hearing an appeal may be extended by agreement of the parties.The
:)f fifty dollars($50.00)may be paid and a permit obtained for a multi- hearing officer shall affirm,reverselor modify the action of the chief.The
amily dwelling, apartment building, or apartment complex with one decision of the hearing officer is final as to administrative remedies with
;uch permit required for each one hundred(100)units or less. the City.
See- 22-6.permit Duration;renewal,and inspection- (4)Date of occurrence;
(2)An alarm permit is issued for two(2)years and must be renewed (5)Name of permit holder's representative on premises, if any.
every two(2)years upon submission of an updated application.It is the (b)The responding police officer shall prepare and submit the 2p-
responsibility of the permit holder to submit an application prior to the propriate reports in regard to any criminal offenses, attempts or Other
permit expiration date.The chief shall determine the first expiration date incidents which contributed to the alarm notification as determined by
Of earmit. investigation.
A permit shall not be renewed if the applicant has past due, Soc.12-13.System performance reviews and appeals.
01. iding service fees at another alarm site for which he is the permit (a)If there is reason to believe that an alarm system is not being use(
holder unless the service fees are under review in an appeal pursuant to or maintained in a manner that ensures proper operation and suppresses
this chapter. false alarms,the chief may require 2 conference with an alarm permit,
Q The permit holder for an alarm system shall keep such permit at holder to review circumstances of each false alarm.
the alarm site and shall produce such permit or evidence thereof for (b)If there is belief that an alarm is the result of circumstances beyond
inspection upon request of any member of the police department. the reasonable control of the permit holder, the permit holder or the
Sec.12-7.Alarm system operation and maintemace. permit holder's representative any request a conference with the chief.
(a)A permit holder shall, (c)If the chief determines that an alarm is the result of circumstances
(1)Maintain the premises containing an alarm system in a within the reasonable control of the permit holder,the permit holder or
manner that ensures proper operation of the Waffn system; the permit holder's representative may request a conference with the city
(2)Maintain the alarm system in a manner that will minimize manager or his designee.The applicant or permit holder may appeal the
false alarm notifications; decision of the chief to the city manager by filing with the city manager
(3)Respond or cause a representative to respond within a a written request for a conference, within. ten (10) days after the
reasonable period of time when requested by the city to conference with the chief.The filing of a request for an appeal hearing
repair or inactivate a malfunctioning alarm system,to with the city manager stays an action of the chief until the city manager
provide access to the premises or to provide security for the or his designated representative makes a final decision. If a request for
premises; an appeal hearing is not made within the ten(10)day period,the action
(4)Not manually activate an alarm for any reason other than an of the chief is final. An appeal hearing under this subsection shall be
occurrence of an event that the alarm system was intended subject to the procedures provided by Section 12-5(b).
toreport; Sec-12-14.Service fee.
(5)Notify the police department prior to activation of an alarm (a)Except as provided in subsections(b),(c)and(d)of this section,
for maintenance purposes. the holder of an alarm permit or the user of an alarm system at an
(b)A permit holder shall adjust the mechanism or cause the unpermitted site shall pay a service fee of thirty dollars($30.00)for each
mechanism to be adjusted so that an alsarm,signal will sound burglary alarm notification emitted from an alarm system that is in excess
no longer than thirty(30)minutes after being activated. of(4)alarms within any twelve-month period and fifty dollars($50.00)
Set-12-&Alarm reset. for each robbery alarm notification emitted from such alarm system that
A permit holder of an alarm system that utilizes a local alarm shall is in excess of two(2)alarms within any twelve-month period.
adiathe mechanism, or cause the mechanism to be adjusted so that,
(b) If a person notifies the chief and applies for an alarm permit
activation,the kx2l alarm will not transmit another alarm signal before a new alarm system is put into service, no service fee will be'
u1r_
wi,ut first being reset. assessedduring the first sixty(60)days after the system is put intoservice,
Sec.12-9.Indirect alarm reporting. and alarm notifications during that period will not be counted in
A person who is engaged in the business of relaying alarms notifica- determining when aservice fee will be assessed.
tions to the city shall: (c) If the responding police officer determines that an alarm
(1)Communicate alarm notifications to the city in a manner and notification was caused by unauthorized intrusion,attempted unauthor-
form determined by the chief; ized intrusion,robbery,attempted robbery or an attempt to take a person
(2)Provide local or toll free call-back telephone numbers when hostage,that notification will not be counted in determining when a
requested by the police department; service fee will be assessed.
(3)Contact a.representative of the alarm site when requested (d)An alarm notification will not be counted in determining when
by the police departnient,and a service fee will be assessed if the permittee can prove that the alarm
(4)Comply with all other requirements of this chapter and any notification was the result of a severe weather condition, such as 2
rules and regulations promulgated by the chief. tornado,hurricane or earthquake or other weather condition that causes
physical damage to the alarm site,or the result of a malfunction in the
Sea 1240.Direct automatic alarm notification. operation of telephone fines for the transmission of alarm signals,proof
An alarm system, other than an alarm system in a local, state, or of the latter being documented in the form of telephone company work
federal governmental entity or in a financial institution,which transmits orders or time stamped records from the alarm company showing the
automatic aiann notifications directly to the communications center of periods of interrupted service.
the police department shall be prohibited. Sec-12-15.Violations,penalty.
Sec.12-11.Alarm system operating instructions. (a)A person commits an offense if he violates by commission or
A permit holder shall maintain at each alarm site 2 complete set of omission any provision of this chapter that imposes upon him a duty or
written operating instructions for each alarm system.Special codes,com- responsibility.
binations or passwords must not be included in these instructions. (b)A person who violates a provision of this chapter is guilty of a
Sec.12-12.Alarm dispatch records. separate offense for each day or portion of a day during which the
(a)The police dispatcher receiving the alarm notification and/or the violation is committed, continued or permitted, and each offense is
policeofficer responding to a dispatch resulting from a burglary,robbery, punishable by 2 fine of not more than two hundred dollars(5200.00)but
or personal hostage or robbery alarm notification shall cause to be not less than fifty dollars($50.00)upon first conviction and not less than
recorded in the police information systems such information as necessary seventy-five dollars(575.00)upon second and subsequent convictions
11�it the chief to maintain records, including but not limited to the (c) In addition to prohibiting or requiring certain conduct of
W mg information: individuals, it is the intent of this chapter to hold a corporation,
(1)Identification of the permit holder; partnership or other association criminally responsible for acts or
(2)Identification of the alarm site; omissions performed by an agent acting in behalf of the corporation,
(3)Dispatcher received time,dispatch time and officer arrived partnership or other association, and within the scope of his employ-
at scene time; ment.
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