HomeMy WebLinkAboutOrdinance 15750ORDINANCE NO. s
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT V4'ORTH, BY AMENDING CHAPTER 12 "EMERGENCY
REPORTING EQUIPMENT AND PROCEDURES" TO ADD
DEFINITIONS; TO REQUIRE AN ANNUAL ALARM PERMIT;
TO REQUIRE AN ALA-1~lYI PERMIT PRIOR TO POLICE
RESPONSE; TO INCREASE THE ALARM PERIYIIT FEES AND
SERVICE FEES TO THE MAXIMUM ALLOWED BY STATE
LAW; TO AMEND THE PROVISIONS FOR THE DENIAL,
REVOCATION AND REINSTATEMENT OF A PERMIT; AND TO
ADD MONITORING PROCEDURES AND DUTIES FOR ALARM
COMPANIES; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the current City Code of Fort Worth requires a person wha operates
an alarm at a commercial business to obtain atwo-year permit prior to the operation of
any alarm system and a person of a ane-family or two-family dwelling to obtain an alarm
permit after an alarm notification has been received by the City of Fort Worth;
WHEREAS, the number of requests for residential and commercial alarm
permits has increased in the City, thus increasing the volume of alarm ca11s to the police
department;
WHEREAS, currently the police department dispatches police officers on all
reports ofalarm activation as a 11i,~h priority call at greater risk to a ff ice~~s;
~~"I~T:1ZE ~S, aE~E,r~,~imat~~C~ ~)y"~, ~,i' alJ rc~icfi~ntial ~in~l ~l""~~ uf" all ctamn~ercial
~~I_I'.~'~ .I~ls~„i;t~ll. ,l,l~~~~lt~~ll~;~il,~J\ ~~I'~~i':l~ ~'~~Ul~7iL~II~, i~l`11~_~t~l II1~1,1~,111U11.
~~N1~:121~:.~~. E~~~lir~~ r~~~E~~~~~~~; t~, l~<<I>~ al<irn~ ~i~nal~ r~~~~uir~ ~i ;i,.~ni[i~~~uit ease cif
Vt'HEREAS, the cost to respond to alarm ca11s in the 2Q01-20Q2 fiscal year was
X3,433,313;
WHEREAS, it is desirable to raise the permit fees and false alarm fines to the
maximum amount allowed under state law to partially reimburse the City for response to
false alarm notifications and to require an annual alarm permit for all alarm users;
THEREFOF:E, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION L
Chapter 12 "Emergency Reporting Equipment and Procedures" of the code of the
City of Fort worth, is hereby 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 Company shall mean any person who sells, installs, services or monitors an
alarm system.
Alarm no~ificatic~r~ shall mean a notification intended to summon the police, which
is designed either to be initiated 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 ~l) street address) to
include suites, sections, or units served by an alarm system or systems that are
under the control of one (1) owner.
U~r~~n~ ;~~lr~n shall mcat7 ar~~ i~7~chanit•ul ~~r cl~~~rir~l ~ic•~icc ~~hicl~ is used to
j~'~t~'~cCl hU;~ljlli~~_ ~~I~~'I':ll~~'~. ~~i. (~~'~';'"l~ ~ll~?11 tl"Ulllflal ;1~1~ ~~1~ IIII~IUI~~I~l~li~'l1 ~Ill!~It~
1',LI!li~ ;~., ~ ~'' ?~~' I ~, ~`-', i,tl~ ~~ ~nh~l.'I', ~ .. .,'x!11 ..'~~'G~'.'~ .1 GC .l~.lll' 1;1
~'Ull~,lll .112t'I'~~'~'~ ~I_.1,; l~l .; l': ~;~;~it11 ~~i ,t ~I[~.~lll~ ~ Il'~ _~'~Ili ljt~~':~ II~~', iil~liti~ ;1I1
<il.n~n~, i~,~~tall~~l ~~n a ~ ~i~irl~~_ unl~~~ ti~~ ~ ~~I~i~ lt~ i~ u~~~~i lt~r a l~ahitati~~n pit ,i
~~ii'lllllllCill ~11C, t~l ~lll a~al~Ill Cj~~l~ll~l~ Its tl~Cl~l t~ll~~ 1~1~ 1(l~lal)11~1111~ ~'~ll~lil] 1~1~
i -. il'.. ~ ''•~ !l;~ ~l 1~~.~1 litil !l;lA ~ ~I '!~~~..~ ~1:,i! Cl
L
~utc~matic alarm ftotiJir~7riot2 shall mean an alarm notification sent over telephone
lines, by direct connection or otherwise, a prerecorded voice message, synthesized
voice message, or cod~;d 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 operators supervise the circuits, and/or where
guards are maintained continuously to investigate signals.
Duress alarm shall mean the deliberate activation of a silent alarm by entering at
a keypad a code that is different from the normal armldisarm code or by a
separate deliberate act at another device.
Chief shall mean the chief of police of the city or his authorized representative.
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.
False alarm notification shall mean an alarm signal received by a law
enforcement official and upon inspection of the premises, the law enforcement
official determines that there is no evidence of a criminal offense, attempted
criminal offense, fire, or other emergency.
Panic alarm shall mean an audible alarm generated by the deliberate activation of
a panic device.
Permit holder shall mean the person designated in the application who is
responsible for responding to alarms and giving access the site and who is
responsible for proper maintenance and operation of the alarm system and
payment of fees.
Person shall mean an individual, corporation, partnership, association,
organization or any legal entity.
Ser~~i~~c~ f~~~~ shall mean the fee paid for each false alarm ~rotification when a
L~n-~~l,~r alar~i> >~st~n~ has signaled at bast five other (also ~i2~~rms ~lurin~~ the
~,rcc~~lin~~ L-i»i~i7tl~ }~~ric~~1.
~cc. I _'-_'. alarm ~~~~rn~ii r~~~~uirc~I: f~~~°: a}~~~lir.~tiun: fran~l~~i
d,il ~ ~?~. ~ ~ ,~.~.. ,1:'. ~i!:i'.~~ ~''. ~i~i',I::~: ~ ~.IU~I~~ ',~~ ~I1~' ~`}~'~'!.li~ti. ~t:t
.11;=.I,II ~\~1~I?1 V~,il~lt~lil .l \.i~l~j ~1~'.I~III j?~'I~11111 l~~li~'v ;i\ Ifli' ~~11~1_ f~.A~CE~I ,1~ iii
n~uitilan~il~ ~1~~~llin~~,_ ~iE~:n~ti>>cnt huil~li>>~,. ~~r <i}?urun~nl ~~~inE~l~~.~~~ l~c~r ~~hi~~)~ a
E~~~rn~i! i~ i;;u~~~i }?~n~~u;u?t t~, I' i ,r~ra}~I~ t~~) ~~(~ tl~i~ s~~cti~~n, ~i ~cEriral~~ i~~rn~it iti
~! i. ..' ..i~ ,~.I' _ - ..
{b} The chief shall refuse police response to any alarm notification from an alarm
site that does not have a valid alarm permit unless the alarm notification is a
duress alarm, ahold-up alarm, a panic alarm or a report to 911 emergency
telephone or to the police department by a person other than an alarm company.
{e} The fee far annual permit, an annual permit renewal or a permit
reinstatement for all alarm permits is fifty dollars {50.00}.
{d} Each permit issued pursuant to this chapter shall be valid far a twelve {12}
month period for the date of issuance as indicated an the permit. No refund of a
permit, permit renewal, or permit reinstatement fee will be made.
{e} In lieu of the fee imposed by paragraph {c} of this section, a fee of fifty
dollars {50.00} may be paid and a permit obtained for amulti-family dwelling,
apartment building, or apartment complex with ane { 1 } such permit required for
each ane hundred {100} units or less.
{f} Virithin thirty {30} days of receipt of a completed application farm 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.
{g} Each permit application must contain the following information.
{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 alarnl 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., unauthorized intrusion, burglary, robbery, or
personal hostage or robbery;
{4} The name and telephone number of the alarm system business that
has agreed to receive calls for the permitted alarm system, if
a}~plicahle;
{5} C7thcr inlornritfol~ rct~uir~~~1 b~ the cF~ieC thaw is n~ressar~ for the
cn(orc~°1>>~nt i,l~thi~ ~~ha}~l~~r.
iU ~ ~~Ci-11111 ~'~!+i~~l ~.l~l:i I',?~~illi lli~ ~)li,I ~?I all: ~fl~ill~~ ~l.l; ~ilCl~ ,111v
iulornrlli<~n ?i~t~~~l us; lh~ ~~~rrrli~ a~>E~ii~~~lti~,n ~~i(hil; 1~~~-> ~_'1 hu~in~~~ ~ia~;_ A~~~ 1oG
~~ ilf hr a;~~~;~~~1 for ~u~~h ~h,,n~~s.
4
(j} A permit holier shall cancel a permit for any alarm system which is
removed from an niar-m site or which otherwise ceases to come under the
permitting requirements of this chapter. Cancellation may be accomplished by
returning the permit to the chief.
(k} All fees owed by an applicant must be paid before a permit may be issued
or renewed.
{1) No permit fee shall be required for a permit obtained for an alarm system
at aone-family or two-family dwelling when the alarm site is deternuned by the
chief to be occupied by aloes-income family. In making such determination, the
chief shall consult applicable U.S. CTovernment guidelines for housing and other
assistance, and may require the applicant to furnish appropriate documentation
regarding household income.
(m} No permit shall be required of state and federal governmental entities.
Sec, 12-4,3. Grounds for Denial of a Permit/Revocation,
Grounds for Denial of a Permit
{a} The Chief shall issue a permit to the applicant unless one of more of the
following conditions are present:
{1) The applicant fails to provide all of the information requested on
the application or other wise submits an incomplete application;
(2} The applicant gives false, misleading or untrue information of
material fact on the application;
(3} The operation, as proposed by the applicant, would not comply
with all applicable laws, including, but not limited to, this chapter or the
city building, zoning or health codes;
(4) The alarm system has a history of unreliability and the applicant
has failed to make alterations or corrections to the system to reasonably
assure abatement of false alarms. Any alarm system generating either ten
false alarm notilie~~tions within a consecutive twelve month period shall be
presume~fi unreliable: or
{~) ~I he aE~}~lieant hay t~aiie~l 1~~ p~~~~ the a}~piication fee: or an}~ se~-~=iec
I~c~r ~i<,e~~c( }~ur~u,un li> tbi~ ~bu~~ter 1lr~t are glue ~in~1 ~>~~ in~~.
;~ .._. _ ~ ,~~ ~1,- .~ '~.t,...u.~! :li I~~ .. ~Il.lill ~`,A ilii E~" _'~' Eilt,~.t:i;
~. l~e~ (_~~allhli U< <1 ~~ef~nlll
i<<i 11~~ ~I~:i~~~~~?r<ill~~~~~~~l.e ,~:i, .,,irr~ E~~n>>i~ ii~l;~~ ~l~~t~~rr>>inc~ tl;.~l~
5
{I) The permit holder or hislher designated agent has given false,
misleading or untrue information of material fact in any record or report
required by this chapter;
{2) The permit holder fails to maintain the alarm system in accordance
with the requirements of this chapter;
{3) The operation of the alarm system by the permit holder has
demonstrated a history of unreliability;
{4) The permit holder has failed to make payment of an assessed
service fee within thirty {30~ 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.
Sec. 12-4. Duration; renewal; inspection.
{a} A permit expires one year from the date of issuance and must be renewed
annually by submitting an updated application and a permit renewal fee in
accordance with this chapter.
{b) It is the responsibility of the permit holder to submit an application and the
required permit fee prior to the permit expiration date. A permit shall not be
renewed if the applicant has past due outstanding service fees at this alarm site or
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) Before terminating a permit the chief shall provide 30 days prior written
notice to the permit holder of the need to renew the permit and file and updated
permit application.
{d) 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.
Sec. 12.5. Reinstatement of a Permit.
tai A persc~~~ ~~}~~,~~ ~~larm permit has h~~n ~-c~~oked may have the permit
1'~IILl~11C'~j if 1~1C ~l~f~~~Il~
1 ) ~'.I~i"1_, :li !I~i~~,I'~'l~~ .t~~~~''n.lli~!1 ,tl'~~ ,i.I~ ~ ,I !~~ 1'1'.. ~!!1~~,I~:1'~l~C::`.
~ Ij!~' ,~ 'i: .. li„1''~ ~ ~'u .l:lt'; ~~~~ ~I'.I~.j,i ,t F? 11~11~_ ~11„l; ~., ilt~' !~~~~1
!.l'~il~;i~lt
~ ~~ 1 ~ =.~t'lll~l:ll~l~ ~l~'; lily i \}~IIC< l~l~' ~~llliC lj~l~C ~.~Il AA Illl~l t~l,' OI~I 'll?~i~ ~~CI Il1Il,
~ ~. ~ ,,
Sec. 12-G. Appeal from permit denial or revocation.
{a} If the chief refuses to issue or renew a permit, or revokes a permit, he shall
send to the applicant or permit holder by certified mail, return receipt requested,
written notice of his action and a statement of the right to an appeal. 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 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 an 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-day period, the action of the chief is final.
{b} The city manager sha11 set a time and place for the hearing, which shall be
served upon the applicant or permit holder by certified mail, return receipt
requested, The city manager or his representative shall serve as hearing officer at
an appeal and consider evidence by any interested person, The formal rules of
evidence do not apply at an appeal hearing. All parties to the hearing shall have
the right to present evidence and shall have the right of cross-examination. The
hearing officer shall make his decision on the basis of a preponderance of the
evidence within fifteen {15} days after the request for an appeal hearing is filed.
The time for hearing an appeal may be extended by agreement of the parties. The
hearing officer sha11 affirm, reverse or modify the action of the chief. The
decision of the hearing officer is final as to administrative remedies with the city.
Sec. 12-7. Alarm system operation and maintenance.
{a} A permit holder shall:
{1} Maintain the premises containing an alarm system in a manner that
ensures proper operation of the alarm system;
{2} Maintain the alarm system in a manner that will minimize false
alarm notifications;
{3} Respond or cause a representative to respond within one hour after
requested by the city to repair or inactivate a malfunctioning alarm system,
to provide access to tl7e ~~remiscs or tt? provide security for the premises;
{~) '~~~lt mannall~ aeti~atr an alarm 1~or and reason other than an
~n~~~nrr~~n~~ r,l~~in ~~ ent that lh.~ ~ll<irn~ ~~t~n~ ~~as intcn~lecl tc, r~'}~i~ri:
I ~ ~;~'. ~~ '~~~1~:.. .I, ,i .. (~!!~~,. I~? ,I~11A,111t~U ~`~ .111 ,1;.1'lll {Ui
i~ „
i i ~ t~~ ,.. '~,~1. ., ,I~1 ~ ~?L'~~~,li~~ ~. ~ ~,li~ _.~.
... ..i ~l'~ iii .i~. ., '~`. ~,~ ,i.1 ., „I;. .: A'ri~ ~t~liil~l ,~_'. Ili ~i~li 'l I`
ll.,;;;~ ill l;l~ ~I `'!) ill 1 ,lip .i~~.I~:~.i:lC.i~l~~~ll~ ~
'7
Sec. I2-$. Monitoring Procedures.
Any alarm company engaged in the business of monitoring alarm systems in the
city shall:
{1) Report alarm signals only by using telephone numbers designated
by the chief;
{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 a telephone call to the alarm site,
(3) ~iThen reporting an alarm notification to the city, provide the alarm
permit number and address of the alarm site from which the alarm
notification originated; and
{4) Communicate alarm notifications to the city in a manner and form
determined by the chief.
Sec 12-9. Duties of an Alarm Company
(a) An alarm company shall confirm that a valid alarm permit has been issued by
the city for an alarm site before performing any system conversion at the site.
{b) An alarm company that has a contract with a permit holder or person in
control of an alarm system shall send a certification to the chief within 10 days of
performing or causing the performance of an alarm system installation or
conversion. 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 state license
number of the alarm company providing monitoring for the alarm system,
if different from the~I~~rm company under contract to provide installation
or comcrsion of the ~~l,irm system;
{~) ~I~l~at ~~ ~oni~~lctc sct uf~~riu~~1 operating instructions Cor the ~t1~u-m
s~st~~n~. in~•lu~lin~~ ~~rit~cn ~~ui~Jciinc~ ~7n how to avoid fa1~~ aiarn>>. 1~a
~~.,,~n. I~'~t ~~ i~l~ tl~:c .iE?E~i~ ~u~:~~,u~,~l
. .. ~_ ;~.~ ~ ~~ . ,. ~ ~L~ ,,,,,~~, ;~~.
~cr. 1'_-111. ~larn~ rc~ct
E~~~rn~i~ I~~_~(~I~r u( isn ai,:r~>> ~~>t~m 11;<~l utili,~~~~ a l~~c~jl ,~I,trni Tall a~liu:~t il~c
Sec. 12-ll. Indirect alarm reporting.
A person who is engaged in the business of relaying alarm notifications to the city
shall:
{l} Communicate alarm notifications to the city in a manner and form
determined by the chief;
(2) Provide local or toll free call-back telephone numbers when
requested by the police department;
{3) Contact a representative of the alarm site when requested by the
police department; and
(4} Comply with all other requirements of this chapter and any rules
and regulations promulgated by the chief
Sec. 12-12. Direct automatic alarm notification.
An alarm system, other than an alarm system in a local, state, or federal
governmental entity ar in a financial institution, which transmits automatic alarm
notifications directly to the communications center of the police department, shall
be prohibited.
Sec. 12-13. Alarm system operating instructions.
A permit holder shall maintain at each alarm site a complete set of written
operating instructions far each alarm system. Special codes, combinations or
passwords must not be included in these instructions.
Sec. 12-14. Alarm dispatch records.
(a} The police dispatcher receiving the alarm notification andlor the police
officer responding to a dispatch resulting from a burglar, robbery, ar personal
hostage ar robbery alarm notification shall cause to be recorded in the paliee
information systems such information as necessary to permit the chief to maintain
records, including but not limited to the following information:
{ 1) Identi f ication of the permit balder;
{2~ I~IciitificatiaY~ ofthc ala~~ sits;
~3} his}~~ttchcr r~c~i~c~I tine. dl.~}~atch time ~in~i rfi~ccr <>rri~c~l pit sc~nc
11111...
~~ i),i'. ,t.,~...,,
I ) ~,r:l ~~. ~~~I~'P:,, ~I~~~ll~l I'.'~~' ~ ,, ~~ `i~'lll': ~ ~I „I1_
ih~ I ~~~ r~~>E~,~n~l~,n~ E~~lict c11~~i~~r ~ir11 }~r~~~~ar~~ anal ,~Ihlnit tl~~ aE?E~r~>E?n~1~~~
r~~~~1_u-t; in rc,~ar~l i~> any ~rirnilr.il ~~Il~l>>~~. atttm~~1s ut~ ~~t1~cr irlri~l~n1~ ~~I~i~~l~
gun',; ih~,lic~1 t~> [I~~~ ;ilarnl nuli~i~~itiun ,1s ~~~~t~rnlin~~l h~ il~~~ti~~ati~_~i~,
9
Sec. 12-I5. 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 alarm
notifications, the chief may require a conference with an alarm permit holder to
review circumstances of each alarm notification.
(b) If there is belief that an alarm is the result of circumstances beyond the
reasonable control of the 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 conference 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 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. An appeal hearing under this subsection shall be
subject to the procedures provided by subsection 12-5(b).
Sec. 12-16. Service fee.
(a} The holder of an alarm permit or the person in control of an alarm system
shall pay a service fee of Fifty {$50.00) Dollars for each false alarm notification
when a burglar alarm system has signaled at least five other false alarms during
the preceding 12 month period. A service fee of sixty dollars ($60.00) shall be
charged all users 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) An alarm notification will not be counted in determining when a service
fee will be assesse0 if the permittee can prove that the alarm notification u~as the
result of t~ s~;vcrc ~~cat[lcr condition, such pis a t~lrnado, In~nic~~r~c car carthtluakc or
~~tl1~r ~~ c.1th~~r ron~lition that cau;cs }~h~~ical ~i~n1la,~c ti> tllc alarm site. or the result
i~~ .. i .,1=:111'~'ll~'ll .' !l.' t~~~~'Illii~~l1 t~1~!t'~C~)~',~'I~. .:Il:~ 'til '.~1~' 'lall~lill~>I~~II ~~~ a~~I1~111
~v _ ... `_ ~~ ~. ~ `'. ~i.1'.
~,13~ ~ ;!~~ ~, I liJi:~'lj ~,~ ~~'~ I~~
f~) ~~!] a~al~lll nU1111~;1i1U11 Av I~~ n~?l ~lt CUL1111CC~ I11 ~j~'1~1 17 11 11111_' vv~l~n ;l ~Cl~vIC~'
!~~~~ ~~.il; h~~ a~;t~~~,c~l ii~nl~~r~ th~u1 thi1~~ l ;i1~ mina~t~~ cla~>>a'~ct~~~~~°n ~Ii~ tu11r th<
., .;, ~1~ ~~~ ~ ~ tl~,
... , ... ~ ~ .~: ,i'l~:
Sec. 12-17. ~lialations, penalty.
{a} An alarm company, an alarm permit holder or a person in control of an
alarm system commits an offense if he violates by commission or omission any
provision of this chapter that imposes upon him a duty or responsibility.
{b} A person who violates a provision of this chapter is guilty of a separate
offense for each day or portion of a day during which the violation is committed,
continued or permitted, and each offense is punishable by a fine of not more than
five hundred dollars {5(}{}.p0) but not less than:
{1} Two hundred dollars {200.00} upon first conviction; and
{2} Two hundred and fifty dollars {$250.00} for the second and each
subsequent conviction.
{c} In addition to prohibiting or requiring certain conduct of individuals, it is
the intent of this chapter to hold a corporation, partnership or other association
criminally responsible for acts or omissions performed by an agent acting in
behalf of the corporation, partnership or other association, and within the scope of
his employment. A person or business utilizing an alarm system shall maintain at
each alarm site a complete set of written operating instructions for each alarm
system. Special codes, combinations or passwords must not be included in these
instructions.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Cade
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 3,
i' i~ hcreb~ ~f~cl~ir~d t~, 1~c the int~ntii>» ~~f the Cil~ Cuunril ~h~it tl~~° ~~ction~,
'~ .. ... ~i.l,. .. .'l~~i.~.. f~.l!~l_I,t~l~l ~'I ~'~,,. ,~ ~ ~ :!!I~ i~l~~l ~~l,t;l Vii, i.~~~'..I~~~i
ii~~~l'rll~~r.l~':I,i'~, ~~~ l~l~ ~,til~~ ~U~{~Illl'll' ~~I li~~~'1'~'~ t~l al\ ~~~„I~l ~_~l ~~~Illf~~l~lll ~lil'I~~jl~il~~ll_
~u~~h un~~~,ii~tiluti~~nali(~ shall n~~t ~ii~l~~~t any ~~f ~h~ r~~i>>ainin~ phri~~~. <~lau~~~, s~nt~~nr~~s,
~i,l'~,,.'1~::;~~~1~ :11'i~ ~.'~::~~'1~ i~1~1~'.I~ ~1~~~7':Il;tlli~'_ ~11'!l't ~~?': ~;lil7~' '?,l~'u~ll hail' h~'~l ~'II~IC[Cl~ by '~~
11
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
S~cTION ~.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars 0540.00} for each offense. Each day
that a violation exists shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the Code of Fort 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 or not, under such
ordinances, same shall not be affected by this ordinance but maybe prosecuted until final
disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two {2) days in the
official newspaper of the City of Fart Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPR(~ti~ED AS TQ FORIv1 AND LEGALITY':
i~;i~ ~i 1~~°~;_ t its ~~t~~ru~~
13~.
1l)~)I'I1 O_ v
l
Ciiy of Fort 1rVorth, Texas
Mayor and Council Communication
GOUNCI~ AGT10N: Approved an 11116/2003 -Ordinance No. 15750
DATE: Tuesday, November 18, 2003
LOG NAME: 35ALARMORD REFERENCE NO.: G-14162
SUBJECT:
Ordinance Amending Chapter 12 of the City Code Regarding Alarm Permit Fees
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12 of the City
Code, "Emergency Reporting Equipment and Procedures" which increases alarm permit fees, adds a
definition of a false alarm, requires that alarm permits be required for a police response, and makes other
related changes.
DISCUSSION:
Currently, 98°l0 of commercial and 99°la of residential alarm calls in Fort Worth are false. During fiscal year
2001-2002, the cost to respond to these calls was $3,433,313. The current City of Fart Worth alarm
ordinance requires an alarm permit prior to the operation of a commercial burglar alarm system. The cost
of the permit is $50 and it is valid for two years. A permit must be acquired far a residential alarm system
following the first false alarm. The permit fee is $25 and is also good for two years. All permit holders are
allowed five false alarms in any 12 month period. Fallowing that, a $41 service fee is assessed far each
false alarm.
Staff members of the Police Department conducted research on various responses that might possibly
ameliorate the alarm situation. This included requiring residential alarm permits prior to operation of an
alarm system, increasing permit and service fees to attempt to offset the Police Department casts, and a
newer strategy, the use of Verifred Alarm Response.
The Police Department presented false alarm issues to the Public Safety Committee beginning with the
meeting in March 2003, and continuing through July 22, 2003. The Public Safety Committee
recommended that two public hearings be held before the fuEl City Council, and these were held on October
7 and 14, 2003. An overwhelming majority of the citizens who spoke at these hearings opposed the use of
Ver`5e~ Alarm Response. Duri~- ~ the October 14 hearing, three additional options were presented, and of
the people who expressed a preference. most preferred a cost recovery approach to responding t~
~,'=?' ~- r~.al .'F-~n1. ~f.~'; tl- ~ JF,i r „~±r '1 aii F~'c' -.- .~ { ~~ _ ~f ~ ±;~;k ~~
. ; v ~:3 _, _ ~ _...~
T~~e ~,iiy ~~Glir'Cli reiCrf ,. i~~;r- lat`.ef back tJ Fie ~U~i!~ Sc~lety ~.On~r?l~itee /1t tnelr ~~ca`Ing ("`•`~~ ~ "o
20C~ ;he ~ub!~c Safety Committee discussed the various options to address false aarr,~s. It was also noted
at the meeting that the recently approved budget was based upon the fact that Verified Alarm Response
would be put in place and would result in the equivalent of 13 full-time officer positions.
. ~ ~:, ~~~ ~~ .~ _ ,:, ~ ~ Fir ~. ~ .' ~. ,~ , _
T,ncrnarr,~• ;~~T AT2ntr1t171 .~. _ ,._
The attached ordinance implements the request of the Public Safety Committee, adds a definition of a false
alarm, and also clarifies some problematic sections, such as the process for determining when the five free
false alarm limit has been reached.
FtSCAt_ INFORMATIOPIICERTiFiCATION.
The Finance Director certifies that the Police Department will be responsible for the collection and deposit
of receipts due the City.
TQ FundlAccountlCenters FROM FundlAccountlCenters
GG01 4 {VARIOUS} 0353102 $901,447.00
Submitted for City Manager's Office by• Joe Paniagua {6191}
Originating Det~artment Head: Chief Ralph Mendoza {48385}
Additional Information Contact: D. E. Garrett {48067}
T,nsrnar,-t~~ '~~,AT A1. ~ 1r ~~~ Il