HomeMy WebLinkAboutORD 95-14 ORDINANCE NO. 95 %
ENTITLED AN ORDINANCE ENACTING REGULATIONS
OF ALARM SYSTEMS, INCLUDING PERMITTING
REQUIREMENTS,FALSE ALARM FEES,GROUNDS FOR
DENIAL OR REVOCATION;PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT
Section 1.
THAT Chapter 23-,, Article II be amended to read as follows:
ARTICLE H. BURGLARY AND ROBBERY ALARMS
Sec. 2A-11. Definitions.
For the purposes of this chapter the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ALARM NOTIFICATION means 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. (Recorded messages to any
police or fire station are prohibited by law.)
ALARM SrM means the specific property served by an alarm system that is under
the control of one owner, tenant or lessor.
ALARM SYSTEM means any electrical,mechanical,or electronic device or assembly
of equipment that emits, transmits, or relays a signal intended to summon, or that would
reasonably be expected to summon,by direct or indirect means,the aid of the police services
of the city. For purposes of this article, the following types of alarm systems are exempted:
1) An alarm system installed on a motor vehicle, unless the vehicle is
permanently located at a site;
2) An alarm system designed to alert only the inhabitants of the premises which
does not have a local alarm;
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3) An alarm system installed upon premises occupied by the United States
Government, or the State Government when they occupy property owned by
the State;
4) Any alarm system designed solely to detect or give notice of fire or smoke;
and
5) Any communication device not designed solely for alarm notification.
CHIEF OF POLICE means the Chief of Police of the city or the designated
representative of the Chief of Police.
CITY MANAGER means the City Manager or the designated representative of the
City Manager.
FALSE ALARM NOTIFICATION means an alarm notification to the Police
Department, when the responding officer or a subsequent investigation, finds no evidence
of unauthorized intrusion, an attempted unauthorized intrusion, robbery, attempted robbery
or other illegal activity for which the alarm was intended to report.
MASTER ALARM PERMIT means a permit issued to the owner or property
manager of a residential apartment complex which provides an alarm system operated in one
or more of the individual residential units. The fees for a Master Alarm Permit shall be the
same as those for an alarm permit.
PERSON means an individual, corporation, partnership, or association, organization
or any legal entity.
Sec. 2A-12 Requirements.
(A) An alarm system may not be operated without a permit issued by the Chief
of Police.
(B) A separate permit is required for each alarm site.
(C) The permit holder shall keep the alarm permit at the alarm site and shall
produce such permit for inspection upon the request of any member of the police
department.
(D) If the permit holder does not advise the Police Department that they have
relinquished control of the alarm site, and cancel their permit; the permit holder is
responsible for outstanding fees associated with that permit.
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Sec. 2A-13 Permit Application.
(A) An application for a permit shall be made by a person who owns, leases,
resides at, or manages the alarm site.
(B) The application and the required fee shall be submitted to the City on a form
provided by the City. Any false statement made by an applicant on the application may be
prosecuted as a violation of Section 37.10 of the Texas Penal Code, Tampering with
Governmental Record, a third degree felony.
(C) An alarm permit is issued to an individual or corporate entity and is
nontransferable and nonrefundable.
(D) The date of issuance will be the date the application is processed, unless false
alarm calls have been responded to by the Police Department. In this case, date of issuance
will be the date of the first call.
(E) A permit shall issue for all or any portion of the period between June 1 and
May 31 of any year.
Sec. 2.k-14 Revocation of Permit.
The Chief of Police shall revoke an alarm permit if he determines that:
(A) There was a false statement made in the application for a permit.
(B) If any false oral statement was made by applicant in connection with the
permit application.
(C) The permit holder has violated the provisions of this chapter.
(D) The permit holder has failed to make payment of fees assessed under this
chapter.
(E) The permit holder does not maintain the alarm system in a manner that
minimizes false alarm notifications or ensures proper operation of the alarm system.
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Sec. 2A-15 Grounds for Denial of Permit.
A permit may be denied for:
(A) Any false statement on the application, or
(B) Any false statement by applicant in connection with the application.
(C) An applicant has failed to pay a service fee assessed hereunder, or has had an
alarm site revoked, and the violation causing the revocation has not been corrected.
Sec. ?A-16 Renewal; Term.
An application to renew a permit must be submitted one month prior to the end of
the term of a permit. The term of the renewal is one year.
Sec. 2A-17 Appeal from Denial or Revocation of Permit.
(A) If the Chief of Police refuses to issue a permit or revokes a permit, the Chief
shall notify the applicant or holder by certified mail, return receipt requested stating the
reasons for the denial or revocation. The applicant or holder may appeal the decision by
filing a notice of appeal with the Chief of Police. This notice setting forth the reasons for
appeal must be received within 10 calendar days of the date of receipt of the notice of
revocation or denial. The receipt of the notice of appeal will stay the revocation of the
permit. If the notice of appeal is not timely, the revocation or denial is final.
(B) The City Manager will designate a hearing officer to hear the appeal. At the
hearing the formal rules of evidence shall not apply. The hearing officer shall make his
decision on the basis of a preponderance of the evidence presented. The hearing officer
must render a decision within 60 days after the appeal is filed. The hearing officer may
affirm, reverse, or modify the action of the Chief. The decision of the hearing officer is
final.
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Sec. 2A-18 Reinstatement of Permit.
(A) A permit may be reinstated by the Chief of Police when the revoked permit
holder pays the application fee and shows:
1. That the unpaid fees required by of this chapter have been paid.
2. That the alarm system is operating in accordance with the requirements of this
chapter.
Sec. 2A-19 Apartment Complexes.
(A) The owner or property manager of an apartment complex which provides
alarm services shall obtain a master alarm permit if any alarm system is operated in any
residential unit on the premises.
(B) A tenant of an apartment complex shall obtain a permit before operating or
causing the operation of an alarm system in his residential unit.
(C) The permit of the tenant supersedes the master permit of the apartment
complex, and the tenant is responsible for payment of fees for false alarm notifications
emitted from the alarm system in the tenant's unit. The master alarm permit holder is
responsible for payment of service fees for false alarm notifications emitted from unoccupied
units or where no permit has been obtained by the tenant.
(D) The owner or property manager of an apartment complex shall obtain a
separate alarm permit for any alarm system operated in a nonresidential area of the
apartment complex, including, but not limited to, common tenant areas and office, storage
and equipment areas.
Sec. 2A-20 Policies and Procedures.
(A) The Chief of Police shall institute policies and procedures to implement this
Chapter.
(B) The Chief of Police shall publish Standards of Operation for Alarm Systems.
Each permit holder will be provided copies of these standards and all changes thereto.
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Sec. 2A-21 Police Response.
(A) The response, if any, made to a signal from a permitted alarm system shall be
subject to the policies and procedures of the police department and will be in accordance
with the priorities set for police response.
(B) The issuance of a permit authorizing the use of an alarm system is not
intended to nor shall it create a contract, either express or implied, nor does it create a duty
or guarantee of response by the Police Department. Any and all liability and consequential
damages resulting from the failure to respond to a notification is hereby disclaimed and
governmental immunity as provided by law is retained.
Sec. 2.3.--22 Operation, Maintenance of Alarm Systems
(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 when notified
by the city to repair or inactivate a malfunctioning alarm system, to provide access to the
premises, or to provide security for the premises;
4. Not manually activate an alarm system for any reason other than occurrence
of an event that the alarm system was intended to report.
(B) A permit holder of a local alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that an alarm signal will sound for no longer than 15 minutes
after being activated.
Sec. A-23 Violations.
No person shall operate, cause to be operated or allow the operation of an alarm
system:
(A) without a permit issued under the provisions of this chapter,
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(B) without being in compliance with the procedures and provisions of this chapter,
or
(C) that automatically dials the 911 - Emergency Communications System.
Sec. 2h-24 Fees.
(A) Fees under this chapter shall be as follows:
Application Fee $ 15.00
Renewal Fee $ 15.00
Reinstatement Fee $ 15.00
False Notification Fee - Burglary $ 40.00 each
Robbery $ 80.00 each
Late Payment Fee $ 5.00
Response to Alarms Without Permit $200.00
(B) The late payment fee will be due for fees not paid within the time limit set on
the bill.
(C) The permit holder of record shall pay all fees incurred under such permit
including false alarm fees.
Sec. 2h-25 False Notifications.
(A) The holder of an alarm permit shall pay a service fee for each false alarm
notification indicating that a burglary has occurred that is in excess of six false burglary
alarms within any 12-month period.
(B) The holder of an alarm permit shall pay a service fee for each false alarm
notification indicating that a robbery has occurred that is in excess of two false robbery
alarms within any 12-month period.
(C) The City of Beaumont may not consider an alarm to be false unless a response
is made by the Police Department within thirty minutes of the alarm notification and the
department determines from an inspection of the interior or exterior of the premises that
the alarm was false. -
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(D) For any alarm notification for which a service fee is assessed, the Chief of
Police has the authority to investigate the circumstances of the alarm, and may waive the
payment of the fee.
(E) Those persons assessed a fee for response to an alarm without a permit may
have the fee waived by obtaining an alarm system permit within five (5) days of the date of
the document notifying the person of the false alarm.
Sec. 2A-25 Violation, Penalty.
(A) The failure to comply with the provisions of this chapter is a Class "C"
misdemeanor punishable by a fine of not more than $500 but not less than $75 upon first
conviction, and not less than $100 upon second and subsequent convictions. 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 or continued.
(B) Any person who operates, causes to be operated, or allows to be operated an
alarm system without a valid permit shall be charged a fee for each response by the city to
each notification of activation. This is in addition to any criminal penalty imposed for
violation of this chapter.
(C) For the purposes of this chapter a conviction is a finding of guilty or the
defendant's placement on deferred disposition, deferred adjudication, or probation by a
court of competent jurisdiction.
Section 2.
This Ordinance will become effective on May 1, 1995 and all permits must be
obtained prior to June 1, 1995.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason be
held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
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severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
day of 1995.
- Mayor -
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