HomeMy WebLinkAboutIR 7230 INFORMAL REPORT TO CITY COUNCIL MEMBERSNO. 7230
November 19, 1997
10)?; To the Mayor and Members of the City Council
PROPOSED AMENDMENTS TO FALSE ALARM ORDINANCE
taTa
Subject:
* Denial of a permit if the applicant has past due
service fees at another alarm site;
* Require political subdivisions other than state
and federal entities to obtain permits; no fees
will be assessed .
A copy of the ordinance is attached with proposed language drafted in
boldface type and language to be deleted marked through (Attachmert-1,
E) . Also attached is a survey (Attachment F ) of major provisions of
false alarm ordinances in other Texas cities.
One issue which is unresolved is the determination of how apartment
complexes should be permitted under the extension of the e�,, , sting
ordinance. Three options are currently being review, ranging from
requiring an apartment complex to obtain one permit for the entire
property or requiring one permit per unit . The third option under
folk review would allow the complex to select one of the two options listed
above based on the type of alarm service offered by the property .
In the absence of additional Council direction, staff will proceed
with the development of an ordinance to amend the existing Eme; gt--ncy
Reporting Equipment and Procedures ordinance to include the major
provisions outlined above.
Additional information will be furnished upon request .
Douglas Harman
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
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Attachment E bold = proposed addition
word = proposed deletion
Chapter 12
- EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
SEC. 12-1 DEFINITIONS
The following words, terms and phrases, when used in this chapter ,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning :
ALARM NOTIFICATION shall mean a notification intended to summon the
police , which is designed either to be 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 ( 1 ) st-eet
00'kk address) to include suites, sections, or units served by an alarm
system or systems that are under the control of one ( 1 ) owner .
ALARM SYSTEM shall mean any mechanical or electrical device which is
used to protect buildings or premises from criminal acts or
unauthorized entries by warning persons of a crime or unauthorized
entry through the emission of a sound or the transmission of a signal
or message . Alarm system does not include an alarm installed on a
vehicle unless the vehicle is permanently located at a site nor an
alarm designed to alert only the inhabitants which does not have a
local alarm.
APPLICANT shall mean the person applying to be a permit holder
pursuant to this chapter .
AUTOMATIC ALARM NOTIFICATION shall mean an alarm notification sent
over the telephone lines , by direct connection or otherwise, a
OW prerecorded voice message , synthesized voice message, or coded signal
indicating the existence of the emergency situation that the alarm
system is designed to detect .
Page 2.
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 .
CHIEF shall mean the chief of police of the city or his authorized
representative.
FALSE ALARM NOTIFICATION shall mean an alarm notification to the
police department , when the responding officer finds no evidence of
Unadtharired intrusimnT attempted unamthcrired intrusion; rahbaryT
attempted robbery or an attempt to take a person hmstaqe criminal
activity for which the alarm system was designed to detect as shown in
the permit .
00 LOCAL ALARM shall mean an alarm system that emits a signal at 3n
00,
alarm site that is audible or visible from the exterior of a
structure.
PERMIT HOLDER shall mean the person designated in the application as
required in section 12-3 who is responsible for responding to a+Mrm-,
and gibing access to the site and who is also responsible for proper
maintenance and operation of the alarm system end payment of fees this
chapter upon whom a duty or responsibility is imposed .
SEC. 12-2. APPLICABILITY; E*EMPTfeNST REYfEWv
(a) This chapter ssali apply mn*y to a person who operates or causes
to be operated an siarm system at an alarm site other than a one-
fami+y or owe-family dwe+++ng7
Other political subdivisions that operate alarm systems shall be
required to obtain a permit except that neither permit fees nor
service fees shall be required of such political subdivisions. No
permit shall be required of state and federal governmental entities.
OW Page 3.
+b+ This chapter shaii not appir to warm system mperated by Term 7
stater or, federal go,verrimentai entities.
SEC. 12-3. ALARM PERMIT - REQUIRED; FEE; APPLICATION; TRANSFER.
(a) A person commits an offense if he operates or causes to be
operated an alarm system without an alarm permit issued by the chief.
A separate permit is required for each alarm system at each alarm
site.
(b ) A fee of fifteen -(-$f5Tee+ twenty ($20.00) shall be charged for
the issuance of each permit .
(c ) Upon receipt of a completed application form and the required
fee, the chief shall issue an alarm permit to an applicant unless the
applicant has failed to pay a service fee assessed under Section 12- Iti
or has had an alarm permit for an alarm system revoked , and the
violation causing the revocation has not been corrected .
(d ) 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 the fees assessed under
this chapter ;
(2) Classification of the alarm site as either
residential or commercial , including, where
the alarm site is an apartment, the building
number and apartment number, if so numbered;
oP, ( 3 ) For each alarm system located at the alarm site
the purpose of the alarm system, i .e. , burglary ,
robbery, or personal hostage, or robbery;
~
OW Page 4 .
`
(4 ) Other information required by the chief which
is necessary for the enforcement of this chapter '
(e) Any false statement of a material matter made by an applicant
for the purpose of obtaining an alarm permit shall be sufficient cause
for refusal to issue a permit .
(f ) An alarm permit cannot be transferred to another alarm �ystem
except by authorization of the chief. A permit holder shall inform
the chief of any change that alters any information listed On the
permit application within two (2) business days . No fee will be
assessed for such changes .
(g ) A permit holder shall cancel a permit for any alarm syster!,
which is removed from an alarm site or which otherwise ceases to come
to,, under the permitting requirements of this chapter . Cancellation mav
be accomplished by returning the permit to the chief.
(h ) All fees owed by an applicant must be paid before a permit mar
be issued or renewed '
SEC. 12-4 . REVOCATION OF PERMIT .
(a) The chief shall revoke an alarm permit if he determines that :
( 1 ) There is a false statement of a material matter in
the application for a permit ;
(2 ) The permit holder has violated sections 12-3, 12-5,
12-6, 12-7, 12-8, 12-9, or 12-10; or
(3 ) The permit holder has failed to make payment of a
Poll service fee assessed under section 12-+214 within
thirty (30) days of receiving notice to do so .
-
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� Page �,
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(b ) A person commits an offense if he operates an alarm system
during the period in which his alarm permit is revoked .
SEC. 12-5. 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
mOW 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 shall 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 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 shall affirm, reverse, or modify the action of the
chief. The decision of the hearing officer is final as to the
administrative remedies with the city.
Pw Page 6.
SEC. 12-6. SAME PERMIT DURATION; RENEWAL , AND INSPECTION.
(a) An alarm permit is issued for two (2 ) years and must be renewed
every two (2) years upon submission of an updated application. It is
the responsibility of the permit holder to submit an application prior
to the permit expiration date. The chief shall determine the first
expiration date of a permit .
(b) A permit shall not be renewed if the applicant has past due,
outstanding service fees at another alarm site for which he is the
permit holder.
(c) The permit holder for an alarm system shall keep such permit
at the alarm site and shall produce such permit or evidence thereof
for inspection upon the request of any member of the police
001 department.
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 insures 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 a reasonable period of time when
requested by the city to repair or inactivate
a malfunctioning alarm system, to provide
OW access to the premises or to provide security
for the premises;
1w Page 7.
( 4 ) Not manually activate an alarm for any reason
other than an occurrence of an event that the
alarm system was intended to report ;
(5 ) Notify the police department prior to activation
of an alarm for maintenance purposes .
(b ) A permit holder shall adjust the mechanism or cause thu=
mechanism to be adjusted so that an alarm signal will sound fol- I-fc)
longer than thirty ( 30 ) minutes after being activated .
SEC. 12-8. ALARM RESET .
A permit holder of an alarm system that utilizes a local alarm shall
adjust the mechanism or cause the mechanism to be adjusted so that ,
000' upon activation, the local alarm will not transmit another alarm
signal without first being reset .
SEC. 12-9. INDIRECT ALARM REPORTING.
(a) A person who is engaged in the business of relaying alarm
notifications to the city shall :
( 1 ) Communicate alarm notifications to the city in
a manner and form 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
00,11 (4) Comply with the all other requirements of this
chapter and any rules and regulations promulgated
by the chief.
'
Page B.
SEC. 12-10. DIRECT AUTOMATIC ALARM NOTIFICATION `
An alarm system, other than an alarm system in a local , state, o"
federal governmental entity or in a financial institution, which
transmits automatic alarm notifications directly to the Communications
center of the police department shall be prohibited .
SEC. 12-11 . ALARM SYSTEM OPERATING INSTRUCTIONS.
A permit holder shall maintain at each alarm site, a complete set of
written operating instruction5 for each alarm system. Special codes ,
combinations, or passwords must not be included in these instructions.
SEC. 12-12. ALARM DISPATCH RECORDS .
( a) The polices dispatcher receiving the alarm notification and/or
the police officer responding to a dispatch resulting from a burglar ,
robbery , or personal hostage, or robbery alarm notification shall
cause to be recorded in the police information systems such
information as necessary to permit the chief to maintain reco,ds,
including but not limited to the following information:
( 1 ) Identification of the permit holder ;
(2) Identification of the alarm site:
( 3) Dispatcher received time, dispatch time and
officer arrived on scene time;
(4 ) Date of occurrence;
(5) Name of permit holder ' s representative on
premises, if any .
?01- Page 9.
(b) The responding police officer shall prepare and submit the
appropriate reports in regard to any criminal offenses, attempts or
other incidents which contributed to the alarm notification as
determined by investigation.
SEC. 12-13. SYSTEM PERFORMANCE REVIEWS.
(a) If there is reason to believe that an alarm system is not beino
used or maintained in a manner that ensures proper operation and
suppresses false alarms, the chief may require a conference with an
alarm permit holder to review circumstances of each false alarm .
(b ) If there is belief that an alarm is the result of circumstances
beyond the reasonable control of the permit holder , the permit holder-
or
olderor the permit holder ' s representative may request a conference with
the chief .
SEC. 12-14 . SERVICE FEE .
(a) Except as provided in subsections ( b ) , (c ) , and (d ) of this
section, the holder of an alarm permit or the user of an alarm system
at an unpermitted site shall pay a service fee of thirty dollars
($30.00) for each burglary alarm notification emitted from such alarm
system that is in excess of four (4 ) alarms within any twelve-month
period and fifty dollars ($50.00) for each robbery alarm notification
emitted from such alarm system that is in excess of two (2) alarms
within any twelve-month period.
(b ) If a person notifies the chief and applies for an alarm permit
before a new alarm system is put into service, no service fee will be
assessed during the first sixty (60) days after the system is put into
service, and alarm notifications during that period will not be
00' counted in determining when a service fee will be assessed .
'
'
W�^ Page 10.
`
(c ) If the responding police officer determines that an alarm
notific.etion was caused by unauthorized intrusion, attempted
unauthorized intrusionv robbery, attempted robbery or an attempt to
take a person hostage , that notification will not be counted in
determining when a serve fee will be assessed .
(d ) An alarm notification will not be counted in determining when ~
service fee will be assessed if the permit holder can prove that the
alarm notification was the result of a severe weather condition , such
as a tornado , hurricane or earthquake or other weather condition that
causes physical damage to the alarm site, or the result of a
malfunction in the operation of telephone lines for the transmission
of alarm signals, proof of the latter being documented in the form of
telephone company work orders or time stamped re/cords from the alarm
company showing the periods of interrupted service .
BEC. 12-15 VIOLATIONS; PENALTY .
(a) A person 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 two hundred dollars ( $200.00)
but not less than fifty dollars ( $50.00) upon first conviction and not
less than seventy-five dollars ( $75.00) upon second and subsequent
convictions.
W�~ Page 11 .
(c ) In addition to prohibiting or requiring certain conduct of
indiwid.ualsr it is the intent of this chapter to hold a corporation,
partnership or other association criminally responsible for acts cr
omissions performed by an agent acting on behalf of the corporation ,
partnership or other association~ and within the scope of his
employment .
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