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HomeMy WebLinkAboutORD 84-128 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2-1/2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR THE PAYMENT OF FEES BY ALARM USERS FOR EXCESS ALARMS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . ` That Chapter 2-1/2 , of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2 1/2-11. Definitions. As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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, 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. 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 alarm system or causing to be maintained, serviced, repaired, altered, replaced, moved, or installed any alarm system in or on any building, place or premises. 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, maintaining, leasing, servicing, repairing, A altering, replacing, moving, or installing on any building, place or premises any alarm system. Alarm user shall mean any person, firm, corporation or other entity which owns, possesses, or leases an alarm system. Excess alarms signaling a burglary or unauthorized entry shall mean those alarms in excess of three ( 3 ) signaled from the same user' s premises by the same alarm system within any calendar quarter; but not including ( 1 ) such alarms signaled within the first fifteen ( 15) days after an original installation of said system or a major component thereof , and ( 2 ) those alarms in which an unauthorized entry has been verified by the alarm user or alarm agent before the police are summoned to the premises. Excess alarms signaling a robbery or the commission of an unlawful act shall mean those alarms in excess of two ( 2 ) signaled from the same user' s premises by the same alarm system within any calendar quarter, but not including ( 1 ) such alarms signaled within the first five ( 5 ) days after an original installation of said system or a major component thereof , and ( 2 ) those alarms in which a robbery or attempted robbery has occurred. Person shall mean any individual, partnership, corporation, or other entity. Calendar quarter shall mean either January through March, April through June, July through September, or October through December of any calendar year. Section 2 1/2-12. 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, a name and address for each alarm user, 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 2 - immediately inform the chief_ of police of any and all changes in the information on file with the police department. Section 2 1/2-13. 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 an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or currently used by civil defense authorities for disaster alert purposes, after f if teen ( 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 user to become more than sixty ( 60) days delinquent in the payment of any service charges due and payable under section 2 1/2-14 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 2 1/2-14. Service Charges Each alarm user shall pay to the City of Beaumont a penalty for excess alarms from the same user' s premises to which police respond, according to the following schedule; 3 - U_j: /2� i Excess Alarm Signaling Excess Alarms Signaling a Burglary a Robbery 4th Alarm - $ 25 3rd Alarm - $ 25 5th Alarm - 35 4th Alarm - 35 6th Alarm - 45 5th Alarm - 45 7th Alarm - 55 6th Alarm - 55 8th Alarm - 65 7th Alarm - 65 9th Alarm - 75 8th Alarm - 75 10th Alarm - 85 9th Alarm - 85 11th Alarm - 95 10th Alarm - 95 12th or more- 105 11th or more- 105 Section 2. 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 severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2""' i 1984. W7O Mayor - 4 -