HomeMy WebLinkAboutOrdinance 16622-09-2005ORDINANCE NO 16622-09-2005
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, BY AMENDING CHAPTER 12 `EMERGENCY REPORTING
EQUIPMENT AND PROCEDURES" BY AMENDING SECTIONS 12-1,
12-4-3 AND 12-16 TO INCREASE THE ALARM PERMIT FEES AND
SERVICE FEES TO THE MAXIMUM ALLOWED BY STATE LAW AND
TO AMEND THE PROVISIONS FOR THE DENIAL, REVOCATION AND
RESINSTATEMENT OF A PERMIT 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 who operates
an alarm system with at least five false alarms during the preceding twelve month period
to pay a service fee of fifty dollars for each false alarm notification thereafter and allows
the Chief of Police to deny or revoke permits where the alarms system has demonstrated
a history of unrehability•
WHEREAS, approximately 98-99% of all alarm calls are false alarm calls caused
mainly by user error storms electrical malfunction, non-emergency acrivation,
inappropriately selected equipment, or poor installation,
WHEREAS, police responses to false alarm signals require significant use of
police personnel and impede the ability of police officers to respond to true emergencies
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 revise the provisions necessary to deny or revoke an
alarm permit;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
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
1
Sect. 12-1 Definitions
The following words, terms, and phrases, when used m this chapter shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Service fee shall mean the fee paid for each false alarm notification when a
burglar alarm system has signaled at least three other false alarms during the
preceding 12 month period.
SECTION 2.
Chapter 12, Section 12-4-3 `Grounds for Denial of a Permit/Revocation of the
code of the City of Fort Worth is hereby amended to read as follows
Sec. 12-4-3 Grounds for Denial of a Permit/Revocation
1 Grounds for Denial of a Permit
(a) The Chief shall issue a permit to the applicant unless one or more of the
following conditions are present:
(4) The alarm system has generated eight or more false alarms during
the preceding twelve month period, or
2. Revocation of a permit
(a) The Chief shall revoke an alarm permit if he determines that:
(3) The operation of the alarm system by the permit holder has
generated eight or more false alarms dunng the preceding twelve
month period,
SECTION 3.
Chapter 12, Section 12 16 `Service Fee of the code of the Crty of Fort Worth is
hereby amended to read as follows
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 in the following dollar amounts for each false alarm
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notification when a burglar alarm system has signaled at least three other false
alarms during the preceding twelve month period.
# of False Alarms Fee
0-3 No Charge
4-5 $50 00
6-~ $75 00
8 or more $100 00
A service fee of sixty dollars ($60 00) shall be charged for all users for each
robbery or other manually activated alarm system that is m excess of two (2)
alarms within any twelve-month period.
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of thisordinance are in direct conflict with the provisions of such ordinances and such
Code, m which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 5.
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
unconstitutional by the valid~udgment or decree of any court of competent~urisdiction,
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.
SECTION 6.
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 that Five Hundred Dollars ($500 00) for each offense Each day
that a violation exists shall constitute a separate offense
SECTION 7
3
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 m court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 8.
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 m the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013
Texas Local Government Code
SECTION 9
This ordinance shall take effect on November 1 2005 upon publication as
required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, Crty Attorne
By~
Assistant City Attorney
ADOPTED ~ fe .~,- 2 ~5
EFFECTIVE
4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/27/2005 Ordinance No 16622-09-2005
DATE Tuesday September 27 2005
LOG NAME 35ALARMS
REFERENCE NO G 14935
SUBJECT
Adopt Ordinance Amending Chapter 12 of the City Code Regarding Alarm Permit Fees
RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending Chapter 12 of the City Code
'Emergency Reporting Equipment and Procedures which increases false alarm fees to the maximum
allowed under State law and provides for revocation of permits under certain conditions.
DISCUSSION
On November 18 2003 (M&C G-14162) the City Council adopted an ordinance to increase alarm permit
and false alarm fees to the maximum allowed under state law at the time The new ordinance also required
a permit for response to an unverified alarm At the same time the City Council adopted an ordinance
increasing authorized strength in the Police Department by 13 positions reflecting the estimated personnel
equivalent required to respond to commercial and residential alarms, (M&C G-14163)
The result of these changes has been a 32% decline in the alarm calls for service however 98-99% of the
remaining calls continue to be false The total revenue including the 2004 rate increases approximates
the hard-dollar cost of responding to the calls for service However the Chief of Police still contends that it
is an inefficient use of police officer time that largely benefits the private alarm industry rather than all of the
citizens of Fort Worth
Changes in State law that went into effect on September 1 2005 allows higher penalties for false alarms
with fewer free incidents as follows.
# of False Alarms Current Fee Proposed Fee
0-3 Free Free
4-5 Free
6-7 $50 00
$50 00 $75 00
8+ $50 00
$100 00
In addition to fhe increase in fees, State law now allows the revocation of permits for addresses that have
had eight or more false alarms in the previous year which staff recommends for implementation locally In
Fort Worth, there are 550 permits that had over eight false alarms last year It is unclear how much if any
additional revenue will be collected However the goal of the changes is to continue reducing the volume
of unnecessary calls for service The Police Department will continue to respond to all alarms at sites that
have a valid permit. The Police Department will continue to respond to panic or hold-up alarms and verified
alarms at unpermitted sites.
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These recommendations are interim changes to continue addressing the problem while the full City
Council reviews the new data incorporating the results of the 2004 program changes.
At that point, staff will seek guidance in calling required public hearings if the City Council chooses to
proceed with a verified response program
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the Police and/or Development Department will be responsible for
collection of these revenues
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by, Joe Paniagua (6140)
Originating Department Head Ralph Mendoza (4210)
Additional Information Contact: Susan Alanis (4221)
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