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HomeMy WebLinkAboutIR 7543 INFORMAL, REPORT TO CITY COUNCIL MEMBERS No. 7543 foat� To the Mayor and Members of the City Council August 6 1991 Pa 1 of 2 X Subject: +*} REVISIONS TO FALSE ALARM ORDINANCE BACKGROUND In February 1984, the City Council adopted an alarm ordinance intended to reduce the number of false burglar and robbery alarms reported to the police department. The initial ordinance applied only to alarm systems in commercial establishments, but was amended effective January 1, 1989 to include residential alarm systems. The current ordinance is included as Attachment A. The major provisions of the current alarm ordinance are as follows: -- a $15.00, two year permit required at time of installation for commercial systems, and after the first alarm notification for residential systems; -- four free false burglar alarms and two free false robbery alarms within a twelve month period; -- a $30.00 service fee for each burglar alarm in excess of four within a twelve month period and a $50.00 service fee for each robbery alarm in excess of two within a twelve month period; -- those individuals who obtain a residential permit at the time of installation receive a sixty day grace period during which any false alarms are not counted against the allowable total of four. PROPOSED REVISIONS Recently, the state legislature passed a bill placing restrictions on a municipality's authority to regulate false burglar alarms. This law goes into effect September 1, 1991. Under the new law, cities are required to allow five free false alarms in a twelve month period before assessing a service fee for subsequent alarms. In addition, a city cannot consider a false alarm to _have occurred if it takes more than thirty minutes between the time the police department first receives the alarm notification and the time the responding officer arrives at the location. These two changes will cost the city in excess of $100,000 in chargeable alarm service fees. Staff has proposed ordinance amendments intended to bring the local ordinance into compliance with state law and partially offset the fiscal impact of the new requirements. All of the proposed changes ISSUED BY THE CITY MANAGER I FORT WORTH, TEXAS -- t INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7543 FFrttF loft? To the Mayor and Members of the City Council ,August 6, 1991 Page 2 of 2 Subject: «,a REVISIONS TO FALSE ALARM ORDINANCE are shown in Attachment B. In addition to the changes required by the state law, staff is recommending the following changes: -- 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; -- including "panic", "duress", "hostage" or other manually activated alarm in 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 system installation; -- providing for a 50% 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." Staff is not recommending an increase in the burglar alarm service fee at this time. The new state law prohibits municipalities from charginq a burglar alarm service fee in excess of the actual cost involved in responding to the alarm. The City's current cost per alarm response is approximately $31.00. If the City Council has no objections to these amendments, staff will prepare an M&C for next week's agenda. David Ivory City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS �- ATTACHMENT A • CITY OF FORT WORTH (d)Upon receipt of a completed application form and the required AIAM ORDINANCE 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 CHAPTER 12 has had in alarm permit revoked, and the violation causing the EMERGENCY REPORTING EQLWMEN-r 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 22-2.DcEmItIOns. who will be responsible for the proper maintenance and The following words,terms and phrases,when used in this chapter, operation of the alarm system and payment of fees assessed —.dI have the meanings ascribed to them in this section,except where under this chapter-, the context dearly indicates a different meaning- (Z Classification of the alarm site as either residential or ALARM NOTMCAL174DN shall mean a notification intended to cornmercial,induding,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 "era that responds to a stimulus bertA- tacteristic of unauthorized Intrusion. (3)for each alarm system located at the alarm site the purpose of the alarm system,L e.,unauthorized intrusion.burglary, ALARM SITE shall mean a single premises or kication(am(1)street robbery,or personal hostage or robbery. address)to include suites,sections,or units served by an alum system (4)Other information required by the chief which is necessity or system that we under the control of one(1)owner. for the edbroement of this chapter. ALARM sySTEK shall mean any meclan" or electrical device (1)Any false statement of a material matter made by an applicant for which is used to protect buildings or premises from criminal acts or ur, the purpose of obtaining an alarm permit shall be sufficient cause for authorized entries by warning persons of a crime or unauthorized entry refusal to issue a permiL through the emission of a sound or the transmission of a signal or (g)An slam permit cannot be transferred to another alarm system message.Alarm system does not include in 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 *ken any information listed on the permit to skit only the Inhabitants which does not have a local alarm. application within two(2)business days.No fee will be assessed for such APPLICANT,shall mean the person applying to be a permit holder changes. (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 shum notift- the permuting requirements of this chapter. Cancellation may be cation sent over telephone lines,by direct connection or otherwise,s pre- accomplished by returning the permit to the chief. recorded voice message, synthesized voice message, or coded signal (0 AR fees owed by an applicant must be paid before a permit may indicating the existence of the emergency situation that the alarm system be issued or renewed is designed to detect. (D No permit fee shall be required for a permit obtained for an alarm CEMAL STA270N shall mean an office to which remote and system at a one-family or two-family dwelling when the alarm site is de- mpavianty signaling devices we connected,where operators supervise termined by the chief to be occupied by a low income family.The chief the circuits,an&or where guards are maintained continuously to mves_ shall coda t.applicable U.S.Government guidelines for housing and agate signals. 4 other assistance in making such determination. #v► CHIEF shall mean the chief of police of the city or his authorized See.22-C Revocatlicin of pocirnitlit. 11resentative. (a)The chief shall revoke an alarm permit if he determines that:- (1)There is a false statement of a material matter in the FALSIALAXIA notification shall mean in alarm notiat to application for a permit; he police department,when the responding officer finds no evidence (2)The permit holder has violated sections 12-3, 12-5, 12-6, 31 criminal activity for which the alarm system was designed to detect as 12,7, 1244 12-9 or 12-10,or Chown in the permit. (3)The permit holder has failed to make payment of a service I COCAL ALARM shall mean an alum system that emits a signal at an fee assessed under section 12-14 within thirty(30)days of dam site that is audible or visible from the exterior of a structure. receiving notice to do so. PERMIT HOLDER shall mean the pets=designated in the applica. (b)A person commits an offense ff he operates an alarm system Jon as required in this chapter upon whom a duty or responsibility is during the Period in which his alum permit is revoked.. imposed. Sec.12-5.Appeal from perm nilt denial or revocation. (a)If the chief refuses to issue or renews permit,or revokes a permit, Sec.22-2.AppIlicability. he shall send to the applicant or permit holder by certified mail,return (a)No permit required by this chapter shall be required a a person receipt.requested,written notice of his action and a xatement of the right who operates or causes to be operated an alarm system at an alarm site to an appeal.The applicant or permit holder may appeal the decision of us one4amfly or two-familydwellinguntil after a false alarm notification the chief to the city manager by filing with the city manager a written as been received based upon an alarm signal from such system. request for a hearing,setting forth the reasons for the appeal,within ten (b)Other political subdivisions that operate alarm system shall be (20)days after receipt of the notice from the chief.The filing of a request *quired to obtain a permit except that neither permit fees nor service for an appeal hearing with the city manager stays an action of the chief am Shall be required of such political subdivisions.No permit shall be in revoking a permit until the city manager or his designated represen- equired of state and federal governmental entities, native makes a Ifinal decision.If a request for an appeal hearing is not iec.12-3.Alarm perinit-Required,fee;apps ication;uwaller. 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 sot atime and place for the hearing,which verated an alarm system without an alarm permit Issued by the chief. shall be served upon the applicant or permit holder by certified mail, !xcept as to multi-family dwellings,apartment buildings,or apartment -return receipt requested.The city manager or his represeritative shall ximplexeses for which a permit is issued pursuant to paragraph(c)of this serve as hearing officer at an appeal and consider evidence by any action,a separate permit is required for each alum system at each alarm interested person.The formal rules of evidence do not apply at an appeal i4e. hearing.All panics to LSe bearing shall have the right to present evidence (b)A fee of fifteen ciciflars;(5I5.00)shall be charged for the issuance and shall have the right of cross-examination.The hearing officer shall Reach Permit other than permits issued pursuant to paragraph(c)of this make his decision on the basis of a preponderance of the evidence within -vaiecEion. 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 panics.The 3f fifty dollars(550.00)may be paid and a permit obtained for a multi- bearing officer shall affirm,reverseor 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 ,Vch permit required for each one hundred (100)units or less. the city. Sec 124.jaermit Duration;renewal,and inspection. (4) Date of occurrence; (a)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 ap- 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 a permit. investigation. (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 Sec.12-13.System performance reviews and appeals. holder unless the service fees are under review in an appeal pursuant to (a)If there is reason to believe that an alarm system is not being used this chapter. or maintained in a manner that ensures proper operation and suppresses (t)The permit holder for an alarm system shall keep such permit at false alarms,the chief may require a conference with an alarm permit the slim site and shall produce such permit or evidence thereof for holder to review circumstances of each false alarm. inspection upon request of any member of the police department. (b)If there is belief that an alum is the resukofcircurz6ances beyond the teauxuble control of the permit holder,the permit holder or the Sec.12-7.Alarm system operation and nialnumasic& permit holder's representative:may request a conference with the chief. (a)A permit holder shall: (c)If the chief determines that an alarm is the rmkof 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 alarm system; the permit holder's representative tiny request a conference with the city CZ)Maintain the alarm system in a manner that will minimize manager or his designee.The applicant or permit holder may appeal the false slim 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 hewing is not in&&within the tin(10)day period,the action (4)Not manually activate in alarm for any reason other than an of the chief is final.An appeal hearing under this subsection shall be oocurrence of an event that the alarm system was amended subject to the procedures provided by Section 12-5(b). toreport; Sec.22-14.Service gee. (5)Notify the police department prim to activation of an alarm (*)Except as provided in subsections(b),(c)and(d)of this section, for maintenance purposes, the holder of an slam permit or the user of an alarm system at an (b)A permit holder shall adjust the mechanism or cause the unpermiated site shall pay a service fee of thirty dollars($30.00)for each mechanism to be adjusted so that an alarm signal will sound burglary slam notification emitted from an alarm system that is in excess no longer than thirty(30)minutes after being activated. of(4)alarm within any twelve-trmonth period and fifty dollars(550.00) See.12-&Alarm rem for each robbery alarm notification emitted from such alarm system that A permit bolder of an alarm system that utilizes a local alarm shall is in excess of two(Z alanns within any twelve-month period. adjust the mechanism or cause the mechanism to be adjusted so that, (b) If a person ricans the chief and applies for an alarm permit upon activation,the local alarm will not transmit another alarm signal before a new alarm system is put it"service, no service fee will be .10% without firs being reset. assessed during the(Im smy(60)days after the system bpA into service, Sec.22-9 Udirect alarm repmVxig. and alarm nodfications during that period will not be counted in A person who is engaged in the business of relaying alarm noar=. determining when a service fee will be assessed tions to the city shall: W 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 w take a person (2)Provide local or toll five call-back telephone numbers when hostage,that notification will net be counted in determining when a requested by the police department; service fee will be assessed. (3)Ckintact a representative of the alarm site when requested (()An alarm notTxwion will not be counted in determining when by the police department;and a service fee will be assessed If the perinittee can prove that the alarm W Comply with all other requirements of this chapter and any notification was the result of a severe weather condition, such as 2 rules and mrjhuons promulgated by the chief tornado,bufficane or earthquake or other weather condition that causes physical damage to the alarm site,or the i it of a malfunction in the Sec.12-10.Direct automatic alarm notification. operation of telephone lines for the transmission of slam signals,proof An slam systeirt,other thin an alarm system in a local, state- Of of the latter being documented in the for of telephone company work federal governmental entity or in a financial institution,which transmits orders or time stamped records from the slam company showing the sutornatic slim notirxzuons directly to the communications center of periods of interrupted service. the police department shall be prohibited. Sec.12-15.Violations,penalty. Sec.22,21.Alarm system operating instriactions. (a)A person commits an offense if he violates by commission or A permh holder shall maintain at each slim site a complete set Of omission any provision of this chapter that imposu upon him a duty of written operating instructions for each alarm system.Special codes,corn- responsibility. birmsoris 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 offmse for each day or portion of a day during which the (a)The police dispatcher receiving the slam notification and/or the violation is committed, continued or permitted, and each offense is police ofFicer responding to a dispatch resulting from a burglary,robbery, punishable by a fine of not more than two hundred dollars(5200.00)but or personal hostage or robbery alum notification shall cause to be not less than fifty dollars(550.00)upon first conviction and not less than recorded in the police information system such information as necessary seventy-five dollars(575.00)upon second and subsequent convictions. to permit the chief to maintain records,including but not limited to the *(c) In addition to prohibiting or requiring certain conduct of following information: individuals, it is the intent of this chapter to hold a corporation, AW& (1)Identification of the permit holder; partnership or other association criminally responsible for 2CLS 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. ATTACHMENT B REVISIONS TO ALARM ORDINANCE 4 Section 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 SYSTEN shall mean any mechanical or electrical 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 transmission of a signal or message intended to summon police of a Funicipality 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. as showa i% the PeLw4tv po. Section 12-2 . Applicability. (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 Calse alarm notification has been received based upon an alarm signal from such system. Section 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 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 _9 -ft-en del _Fs (0 16 00) twenty-five dollars ($25.00) shall be charged for the issuance of each permit other than permits issued pursuant to paragraph (c) of- this section. (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 12-6 . Permit Durations; 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 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 permit expiration date. The chief shall determine the first expiration date of a permit. Section 12-14, Service fee. (a) Except as provided in subsections (b) , (c) , (d) , (e) and (f I of this section, the holder of an alarm permit or the user of an alarm system at an unpermi.tted 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 +4+ 5I alarms within any twelve-month period and sixty dollars 1$60.001 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 sinty--(60} thirty 001 §ays 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 determininct when a service fee will be assessed if more than 30 minutes elapses between the time the police department's Communications Division receives the notification 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) gj this gection, the holder of an alArm permit issued under Section 12-3 (i) of thig ordinance, a "low income permit", shall pay a service fee of fifteen dollars ($15,001 for each burglary alarm notification emitted from an alarm system that is in excess of (S) 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 anv twelve-month period.