Loading...
HomeMy WebLinkAboutORD 80-116 ORDINANCE NO. � ENTITLED AN ORDINANCE GOVERNING POLICE RESPONSE TO CERTAIN BURGLARY AND ROBBERY ALARMS; DEFINING TERMS; REQUIRING CERTAIN INFORMATION BE PROVIDED TO POLICE BY CERTAIN ALARM BUSINESSES; PROHIBITING MISUSE OF ALARM SYSTEMS; PROHIBITING CERTAIN AUDIBLE ALARMS; PROHIBITING DELINQUENCY IN THE PAYMENT OF ANY FEES DUE AND PAYABLE BY ALARM BUSINESS; PROHIBITING EXTENDED OPERATION OF CERTAIN AUDIBLE ALARMS; PROVIDING FOR SERVICE CHARGES FOR ANSWERING EXCESS ALARMS SIGNALING BURGLARY OR OTHER UNAUTHORIZED ENTRY ON PREMISES; PROVIDING FOR SERVICE CHARGES FOR ANSWERING EXCESS ALARMS SIGNALING ROBBERY OR THE COMMISSION OF AN UNLAWFUL ACT; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1. Definitions. As used in this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Alarm System" shall mean any device designed and manufactured for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, and which, when actuated, causes a sound or transmits a signal or message remotely to an answering service or other similar monitoring station, but shall not include privately owned alarms operated and monitored solely by the owner thereof or his designee. (b) "Alarm Business" shall mean any person, firm, corporation, or other entity in the business of leasing , maintaining , servicing , repairing , altering , replacing , moving, or installing , any police alarm system or causing to be maintained , serviced, repaired, altered, f cl- 1149 al-oulglllou replaced, moved, or installed any police alarm system in or on any building, place or premises. ( c) "Alarm Agent" shall mean any person who is employed by an alarm business, either directly or indirectly, including the owner, or in the case of a corporation, the officers whose duties include any of the following : selling , maintain- ing , leasing , servicing , repairing , altering , replacing , moving, or installing on any building , place or premises any police alarm system. (d) "Alarm User" shall mean any person, firm, corporation or other entity which owns, possesses, or leases a police alarm system. (e) "Excess alarms signaling a burglary or unauthorized entry" shall mean those alarms in excess of nine signaled from the same user 's premises by the same alarm system within any calendar quarter; but not including such alarms signaled within the first fifteen (15 ) days after an original installation of said system or a major component thereof. ( f) "Excess alarms signaling a robbery or the commission of an unlawful act" shall mean those alarms in excess of three signaled from the same user' s premises by the same alarm system within any calendar quarter , but not including such alarms signaled within the first five (5 ) days after an original installation of said system or a major component thereof. (g ) "Person" shall mean any individual, partnership, corporation, or other entity. - 2 - (h) "Calendar quarter" shall mean either January through March, April through June, July through September, or October through December of any calendar year. SECTION 2. Reporting Servicing Information. Each alarm business shall maintain a current information card with the Police Department, containing its name, address and telephone number, a list of its alarm users, and the name, address and telephone number of a person or persons who can render service to its equipment at any hour of the day or night. Each alarm business or alarm agent shall immediately inform the Chief of Police of any and all changes in the information on file with the Police Department. SECTION 3. Prohibitions. (a) It shall be unlawful for any person to intentionally or knowingly activate or cause to be activated any alarm system for the ultimate purpose of summoning police except in the event of what is reasonably believed to be an unlawful act and/or an unauthorized entry on premises which the alarm system is designed to detect. Whenever an alarm system has been designed and commonly understood to alert others of the commission of a particular crime, it shall be unlawful for anyone to activate such alarm system for the purpose of summoning police except in the event of what is reasonably believed to be such particular crime. ( b) It shall be unlawful for any alarm business to use, operate, maintain, or repair alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or currently - 3 - used by civil defense authorities for disaster alert purposes, after 15 days notice to such business that such alarm system has been disapproved by the Chief of Police. (c) It shall be unlawful for an alarm business to become more than sixty (60) days delinquent in the payment of any service charges due and payable under Section 4 hereof. Each day of such delinquency shall constitute a separate offense. (d) It shall be unlawful for any person owning, possessing , or operating an audible alarm system, which, when actuated, sounds a bell , whistle, siren, horn, or other similar sound, to permit or allow said alarm to emit such sound for a period in excess of twenty (20) continuous minutes. SECTION 4. Service Charges. Each alarm business shall pay to the City of Beaumont a service charge for excess alarms from the same user' s premises signaled by equipment owned, leased , serviced or monitored by said business to which police respond, according to the following schedule. A. $25.00 for each excess alarm signaling a burglary or unauthorized entry provided, however, that such fee is not due and payable when unauthorized entry upon the alarm user's premises has been verified by the alarm user, alarm agent before the police are summoned to the premises; B . $50.00 for each excess alarm signaling a robbery the commission of an unlawful act. 4 SECTION 5. Penalty. Any person violating any of the provisions or requirements of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in Section 1-8 of this Code for each offense. SECTION 6. Effective Date. This ordinance shall become effective January 1, 1981. SECTION 7. Severability. If any section of this Chapter , or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid , such judgment shall not affect, impair, or invalidate the remainder of any other section or part thereof. PASSED BY THE CITY COUNCIL of the City of Beaumont this the o2::5-4 d ay of n �>AP ��?� , 1980. Mayor - - 5 -