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ORD 1992-21TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 92-21 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING ALARM BUSINESSES, SYSTEMS AND USERS; PROVIDING DEFINITIONS; REQUIRING A PERMIT TO OPERATE AN ALARM SYSTEM AND THE PAYMENT OF A FEE FOR SUCH PERMIT; ESTABLISHING STANDARDS FOR PROPER ALARM SYSTEM OPERATION AND MAINTENANCE; ESTABLISHING REGULATIONS GOVERNING REPORTING OF ALARM SIGNALS; REQUIRING RECORDKEEPING BY ALARM BUSINESSES; REQUIRING A FEE FOR FALSE ALARM NOTIFICATION; AUTHORIZING THE REVOCATION OF AN ALARM PERMIT; PROVIDING FOR AN APPEAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92•-16 RELATING TO ALARM SYSTEMS EXCEPT AS PROVIDED FOR HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: , Section 1. Pur ose. The purpose of this Ordinance is to provide minimum standards and regulations applicable to alarm systems, alarm businesses, and alarm users as defined in this Ordinance. section 2. Disclaimer. The permit requirements and regulations set forth in this Ordinance in no way constitute an endorsement of any business or of the concept of alarm systems as a positive aid to law enforcement, and do not obligate the Town of Trophy Club emergency personnel to respond in any manner to any notification as a result of a summons based on an alarm system. The fact of emergency personnel response(s) to one or more alarm system notifications in no way is to be construed as the policy of the Town of Trophy Club or the intent of this Ordinance. The establishment of such policy by this Ordinance is expressly denied. Section 3. Definitions. A. "Alarm system" means a device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, emergency personnel of the Town, including but not limited to, local alarms. Alarm systems does not include: (1) An alarm installed on a motor vehicle; -1- (2) Any device or system designed solely to detect or give notice of fire, smoke or water flow; (3) An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal either audible or visible from outside the building or residence. B. "Alarm notification" means a communication intended to summon emergency personnel, which is designed either to be initiated purposely by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. C. "Alarm site" means a single premises or location (one street address) served by an alarm system or systems. An alarm site will include a multiunit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants. For purposes of the issuance of a permit, such multiunit dwellings shall be considered one property requiring only one permit. D. "Alarm system user" means a person who owns or controls the premises upon which an alarm system is located. For example, this would include a real estate agent acting on behalf of the owner of the premises. E. "Local alarm" means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. F. "Chief" means the chief of police of the Town, or his representative. G. "False alarm notification" means the activation of an alarm system that results in notification to Town emergency personnel, and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report. H. "Alarm permit holder" means a person who has received an alarm system permit, as required by this ordinance. I. "Person" means an individual, corporation, partnership association, organization or similar entity. J. "Emergency personnel" means police personnel or fire personnel in the Town of Trophy Club. Section 4. Permit re ired,a lication issuance. A. No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the Town for such system. This requirement is applicable -2- to the person in control of the property which the alarm system is designed to protect. B. An alarm system user or his agent shall obtain a permit for each alarm site. C. Upon receipt of a completed application form, the Town Secretary shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under Section 15 or has had an alarm permit for the alarm site revoked, and the violation causing revocation has not been corrected. D. Each permit application must contain the following information: (1) Name, address, and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this ordinance; (2) The street address of the property on which the alarm system is to be installed and operated; (3) Classification of the alarm site as either residential or commercial; (4) Any business name or title used for the premises on which the alarm system is to be installed and operated; (5) The name of one other person to respond to an alarm in the event the permit holder is unavailable; (6) Any other information required by the law enforcement agency which is necessary for the enforcement of the Ordinance. E. Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a permit already issued. F. A permit holder shall inform the Town of any change that alters any information listed on the permit application within five (5) days of the occurrence of the change. G. All fees owed by an applicant must be paid before a permit may be issued or renewed. H. The fee for a permit issued pursuant to this Ordinance shall be twenty-five dollars ($25.00) for single-family residences and businesses. I. The fee for a permit issued pursuant to this Ordinance for a multiple -family dwelling when the owner of that dwelling provides or makes available for his tenants alarm systems shall be -3- fifty dollars ($50.00) plus five dollars ($5.00) per permit term for each unit. Section 5. Permit Duration and Renewal. A permit is valid, unless revoked, from the date of issuance. A permit is transferable to a purchaser of property where the alarm system is in place provided there is no modification made to the alarm system and a new permit fee is paid. Such fee shall be paid immediately upon the sale of the property. Section 6. Proper Alarm System operation and Maintenance. A. A permit holder or alarm system user 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 a reasonable period of time when notified by the Town to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises. For purposes of this Ordinance, it shall be a rebuttable presumption that more than thirty (30) minutes constitutes an unreasonable period of time to respond; (4) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. B. A person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated. Section 7. Manual Reset Re fired. A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3 ) or more alarms within a twenty-four hour period, shall manually reset the system. Section 8. Reportincrof Alarm Signals. A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this ordinance and any rules and regulations promulgated by the chief, or is not licensed by the Texas Board of Private Investigators and private security agencies. -4- Section 9. Alarm Reporting. A. A person who is engaged in the business of relaying alarm notifications to the Town shall. (1) Make notification by a human operator; and (2) Communicate alarm notifications to the Town in a manner and form designated by the Chief. Section 10. Recordkeepinct. A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to whom an alarm system was sold, leased, installed or otherwise distributed, as well as the date of such transactions. Said business shall make said records available during regular business hours to the Chief or his designated representative for inspection. The purpose of this section is to assure that alarm system users are in compliance with this Ordinance, and not to regulate in any manner any person engaged in the alarm business. Section 11. Automatic Dialing Prohibited. No person shall operate or cause to be operated any automatic dialing device which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police department of the Town and then transmit any prerecorded message or signal. Section 12. Alarm System operating Instructions. A permit holder or person in control of an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords shall not be included in these instructions. Section 13. Alarm Dispatch Records. A. Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the Chief to maintain records, including, but not limited to, the following information: (1) Identification of the permit holder; (2) Identification of the alarm site; (3) Time dispatched, arrived, and cleared; (4) Time of day, date; -5- (5) Weather conditions; and (6) Name of permit holder's representative on the premises, if any. B. Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm. Section 14. System Performance Reviews. If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures proper operation and suppresses false alarms, the Chief may require a conference with an alarm permit holder and the individual or association responsible, f or maintenance of the alarm system to review circumstances of each false alarm. Any such conference will be held only after a ten-day notice to the permit holder, such notice to be effective on mailing to the permit holder at the address listed on the application. Section 15. Service Fee; False Alarm Notification. A. Except as provided in subsections (b) and (c), the holder of an alarm permit shall pay a service fee of twenty-five dollars ($25.00) for each false alarm notification emitted from an alarm site that is in excess of five (5) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter. B. The holder of an alarm permit for a multifamily dwelling issued as one protected property shall pay a service fee of twenty- five dollars ($25.00) for each false alarm notification emitted from said alarm site that is in excess of ten (10) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter. C. If a person notifies the Chief and applies for an alarm permit before the installation of a new alarm system, no service fee will be assessed during the first fifteen (15) days after installation, and false alarm notifications during that period will not be counted in determining when a service fee will be assessed. Section 16. Revocation of alarm hermit. that: A. The chief may revoke an alarm permit if he determines (1) There is any violation of this Ordinance; (2) There is a false statement of a material matter in the application for a permit; (3) An alarm system other than a multifamily dwelling system has generated in excess of six (6) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter; (4) A multifamily dwelling alarm system has generated in excess of ten (10) false alarm notifications during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter; (5) The permit holder has failed to make payment of any service fee assessed under Section 15 within thirty (30) days of the assessment. (6) Failure to attend the conference provided for in Section 14. Section 17. Appeal of Denial or Revocation of a Permit. 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 Mayor by filing with the Mayor a written request for a hearing setting forth the reason for the appeal, within ten (10) days after receipt of the notice of the Chief. The filing of a request for an appeal hearing with the Mayor stays the action of the chief to the denial of a permit or the revocation of a permit until the Mayor makes a 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 Mayor 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; the hearing officer shall make his decision on the basis of a preponderance of the evidence present within the thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the Chief. The decision of the hearing officer is final as to administrative remedies within the Town. C. In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this ordinance to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting on behalf of the corporation, partnership or other association, within the scope of this employment. Section 18. Forfeiture of Application Fee upon Revocation of Permit. When the revocation of a permit is final, all permit fees shall be forfeited. -7- Section 19, Reapplication of Permit After Revocation. A. Should an alarm system user or his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including required permit fees. B. The applicant shall also submit satisfactory proof of compliance with the Ordinance. Section 20. Exemption of Certain Government Bodies. The United States government, the State of Texas, the Town or any county government or school district situated within the corporate limits of the Town shall comply with the requirements of this Ordinance, provided, however, that they shall be exempt from the payment of any fees. Section 21. Savin s• Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting alarm systems and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 92-16 is hereby repealed in its entirety, but provided that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 92-16 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 92-16 shall be deemed to remain and continue in full force and effect. Section 22. Severability Clause. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 23. Penalties. A. It shall be unlawful to operate an alarm system during the period in which an alarm permit is under revocation. Each day of such operation shall constitute a separate offense. B. It shall be unlawful for any person to operate an alarm system without a permit or in violation of any provision of Section 4 or for a violation of Section 15 (a) , (b) . Each day of such operation shall constitute a separate offense. C. Any person in violation of section A. or B. of this Section 23 shall be fined, upon conviction, not less than One -8- Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 24. Effective Date. That this Ordinance shall take effect from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the i5th day of December , 1992 ATTEST: Town Secret Town of Tro�hy Club, Texas [SEAL] APPROVED Town of Trgphy Club, Texas DCT-i�phy Ma r, Town of Club, Texas MM