ARTICLE III. - ALARM SYSTEMS [1]
Sec. 34-95. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm administrator means a person designated by the police department to administer, control and review false alarm reduction efforts and to administer the provisions of this article.
Alarm dispatch request means a notification to the police department that an alarm system signal, either manual or automatic, has been activated at an alarm site.
Alarm permit means a permit issued by the city allowing the operation of an alarm system within the city.
Alarm site means a location served by a single alarm system that is under the control of one owner or tenant. An alarm site is further defined by the following categories:
(1) Business site: Every location served by an alarm system:
a. Where any business or religious activity is regularly conducted.
b. Where a private school or private school administrative office is located.
(2) Governmental site: Every location of:
a. Any federal, state, county or city government office.
b. A public school or public school administrative office.
(3) Residential site: A single-family residence and each residential unit of a multi-unit building or complex which is served by an alarm system.
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 department 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.
(2) An alarm system designed so that no notification is given to the police department until after the occupants or an agent of the owner or lessee have inspected the alarm site and determined that there is physical evidence at the site showing that the alarm was the result of criminal activity of the kind for which the alarm system was designed to give notice and does so notify the police department if a person who is able to grant access to the alarm site remains at such site until the police department arrive whenever they are notified after an alarm has been activated, and such person renders access and such other assistance as he is able to give and that is needed by the police department to properly investigate the situation.
(3) Alarm systems that provide medical only monitoring services with the exclusion of burglary, fire, or some other emergency service, which would otherwise require an alarm permit.
(4) An alarm system consisting solely of smoke detectors to alert only the occupants of a building.
Alarm system company means any individual, partnership, corporation or other form of association that engages in the business of monitoring security alarm systems and reporting any activation of such system to the police department.
Alarm user means any individual, alarm permit holder, responsible party, partnership, corporation or other form of association on whose alarm site an alarm system is or has been installed, monitored or used.
Alarm user awareness class means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.
Automatic telephone dialing system means an alarm system with a device that automatically transmits, without human activation of the device by the alarm user, by telephone, radio or other communication system to the police department, a recorded message or code signal indicating the need for emergency response.
Chief of police means the Chief of Police of the City of Deer Park or designee.
Disconnect means to render an alarm system disabled so as to prevent any direct or indirect notification to the police department by a silent or local alarm.
Dispatch or response means a discretionary decision whether or not to direct emergency units to a location where there has been a request, made by whatever means, for police assistance or investigation. There is no duty to dispatch under any circumstances, including answering an alarm signal, and all dispatch decisions are made subject to competing priorities and available resources.
False alarm means any alarm that was not the result of an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. The term "false alarm" does not include any alarm signal caused by violent conditions of nature or other extraordinary circumstances, including short-term mechanical failures that are corrected within two days and do not reoccur for at least one year.
License means a license issued by the State of Texas to an alarm system company to sell, install, monitor, repair, or replace alarm systems.
Local alarm system means any alarm system emitting audible and/or visual signals in, at, or on the alarm site when activated, and which causes notification to be made directly or indirectly to the police department.
Unreliable alarm system means an alarm system that has had nine or more false alarms during an alarm permit year.
(Code 2014, § 34-95; Ord. No. 3713, § 2(1), 4-21-2015)
Sec. 34-96. - Permit required; exceptions; number.
(a) No person shall operate, cause to be operated, or allow the operation of an alarm system unless a valid permit has been issued for that system or as otherwise allowed by law; however, this subsection shall not be applicable to an alarm system business which monitors and/or services an alarm system and that is designed to protect property belonging to a person other than the alarm system business system. Any person who operates, causes to be operated, or allows the operation of an alarm system without a valid permit shall be subject to misdemeanor prosecution and response fees in accordance with appendix B to this Code, schedule of fees, rates and charges. Violation of this section shall be a Class C misdemeanor punishable by a fine not to exceed $500.00.
(b) A response, if any, made by the police department upon proper notification by an alarm system company shall be subject to the policies and procedures of the department governing, but not limited to the priorities for responses.
(c)The issuance of a permit authorizing the use of an alarm system is not intended to nor s hall it create a contract, either express or implied, creating a duty or guarantee of response. 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.
(d) After the effective date of the ordinance from which this article is derived, alarm user permits are to be acquired from the police department records unit. The initial registration and permit fee is in accordance with appendix B to this Code, schedule of fees, rates and charges.
(e) Each permit issued pursuant to this article shall be valid for a 12-month period from the date of issuance as stated on the permit. If the permit holder relinquishes control of the alarm site before the expiration of 12 months, then the permit extinguishes on the date of relinquishment. If an alarm user has one alarm system protecting two or more separate structures on the same property, a separate alarm permit will not be required for each structure.
(f) An alarm system installed upon premises occupied by the United States government, the state, the city, or any county government or quasi-governmental agency situated within the corporate limits of the city shall:
(1) Be required to obtain an alarm permit for each alarm site.
(2) Be exempt from the cost to obtain an initial or renewal alarm permit.
(3) Not be exempt from any other costs associated with violations of this article unless the alarm system is installed upon premises occupied by the city.
(Code 2014, § 34-96; Ord. No. 3713, § 2(2), 4-21-2015)
Sec. 34-97. - Alarm permit application.
(a) Application for a permit authorizing the operation of an alarm system shall be made by a person who: owns, leases, uses, resides at, or manages the property upon which the alarm system is installed. Such application shall be made in writing to the city on a form designated for that purpose. On such application shall be set forth:
(1) The name, local address, telephone number, date of birth, and Texas driver's license (if applicable) of the alarm user.
(2) Copies of the assumed-name registration if the alarm site will be operated under an assumed name; the partnership registration, if any, and the names and addresses of all general partners if the permit holder is to be a partnership; or the corporate charter with the names and addresses of officers and registered agents or the certificate of authorization to do business from the Secretary of State if the alarm user is to be a corporation.
(3) The street address of the property on which the alarm system is to be installed and operated, including the particular suite or apartment number if applicable.
(4) Any business name used for the premises on which the alarm system is to be installed and operated.
(5) Whether the alarm system is a local alarm and whether it is designed to give notice of a burglary, robbery, or other life-threatening emergency.
(6) The name of the alarm system business that has installed or will install the alarm system.
(7) In addition to the permit holder:
a. The names, local address, and local telephone numbers of two persons, or the name and local telephone number of an alarm system business which are able to and have agreed to:
1. Receive notification at any time;
2. Come to the alarm site within one hour after receiving a request from a member of the police department to do so; and
3. Grant access to the alarm site and to deactivate the alarm system if such becomes necessary; or
b. The name and local telephone number of an alarm system business which is able and has agreed to receive calls at any time and to give the police department the names of persons listed with that company as set out below if:
1. The alarm user has given the alarm system business the names and local telephone numbers of two persons who are able and have agreed to receive notification at any time; to come to the alarm site within one hour after receiving a request from a member of the police department to do so; and to grant access to the alarm site and to deactivate the alarm system if necessary; and
2. The alarm user has authorized the alarm system business to provide the names listed with that business pursuant to subsection (7)b.1 of this section to the police department whenever that department has requested that information in order to obtain assistance after an alarm has been activated.
(8) Whether all charges owed to the city by the applicant have been paid.
(9) If an individual residence or apartment, the names of all the other residents.
(a) Such application shall be signed by the person making the application for the permit acknowledging he has read the application, affirming the correctness and accuracy of the information given on the application and authorizing the release to the police department of information specified in section 34-103.
(b) The police department may deny an initial or renewal alarm permit application or revoke any alarm permit if any of the following conditions exist:
(1) Any statement made in the application was incomplete, misleading or false.
(2) The applicant has not paid all charges owed to the city for any violation of this article.
(3) The alarm system installed at the alarm site has, or is of the type that has a history of unreliability.
(4) An alarm user whose alarm system is deemed to be unreliable by the alarm administrator shall be required to complete an online alarm user awareness class and/or provide written proof.
(5) The alarm site was not previously permitted while under the control of the applicant and has outstanding alarm fees owed to the city.
(6) Any applicant that is denied a permit or terminated may appeal in writing to the police chief's office within ten calendar days of the date of the alarm administrator's decision. The decision of the chief of police shall be final.
(Code 2014, § 34-97; Ord. No. 3713, § 3, 4-21-2015)
Sec. 34-98. - Amendments to application.
Whenever a person listed on the application or listed on an amendment to the application is unable or unwilling to perform the duties set out in section 34-97(a)(7), the alarm user shall file an amendment to the permit application listing a person or company who is able and will perform those duties so that at all times the application on file with the police department designates at least two persons or an alarm system business who are able and willing to perform such duties.
(Code 2014, § 34-98; Ord. No. 3713, § 4, 4-21-2015)
Sec. 34-99. - Term; renewal.
(a) Each permit issued pursuant to this article shall be valid for a 12-month period from the date of issuance as stated on the permit. If the alarm user relinquishes control of the alarm site before the expiration of 12 months, then the permit extinguishes on the date of relinquishment.
(b) Upon expiration of the 12-month period, a renewal application must be presented to the alarm administrator along with the renewal fee, in accordance with appendix B to this Code, schedule of fees, rates and charges, if there have been less than nine false alarms over the 12-month period, to renew the permit within ten city working days; after that time a new permit must be applied for. If any fees, charges or fines remain owed to the city or if there is a history of unreliability, the alarm administrator shall deny the application until such time all fees or charges have been paid and unreliability is shown to have been corrected. The renewal permit shall be valid for 12 months.
(c) An alarm user shall receive a revocation notice, mailed certified delivery, a minimum of 30 calendar days before the effective date of revocation.
(Code 2014, § 34-99; Ord. No. 3713, § 5, 4-21-2015)
Sec. 34-100. - Alarm permit nontransferable.
Each permit issued shall be valid only for the premises permitted and is not transferable to another person or other premises. Upon transfer from the alarm user of ownership or leasehold rights to the alarm site, a new permit must be applied for according to this article.
(Code 2014, § 34-100; Ord. No. 3713, § 6, 4-21-2015)
Sec. 34-101. - Duties.
(a) The alarm user shall ensure that he or any person listed with the police department under sections 34-97 and 34-98 is able to:
(1) Receive notification at any time;
(2) Come to the alarm site within one hour after receiving a request from a member of the police department/fire department to do so; and
(3) Grant access to the alarm site and to deactivate the alarm system if such becomes necessary.
(b) The alarm user shall train all persons who may activate the alarm system in the proper operation of the alarm system.
(c) The alarm user will be responsible for all fees associated with the permit or the operation of the system.
(Code 2014, § 34-101; Ord. No. 3713, § 8, 4-21-2015)
Sec. 34-102. - Duty of person notified by police department.
Any person who is notified by any member of the police department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within one hour from the time such person is notified of such activation and shall provide the police department any necessary access or assistance.
(Code 2014, § 34-102; Ord. No. 3713, § 9, 4-21-2015)
Sec. 34-103. - Duty of alarm system company.
(a) On the installation or activation of an alarm system, an alarm systems company shall distribute to the occupant of the alarm system location information summarizing:
(1) The applicable law relating to false alarms, including the potential for penalties and revocation or suspension of a permit;
(2) How to prevent false alarms; and
(3) How to operate the alarm system.
(b) Any alarm system company which installs or activates an alarm system within the city shall, not later than the 30th day after the date of installation or activation, provide the police department relevant information, including, but not limited to, the:
(1) Alarm system's company name;
(2) Alarm system's company license number;
(3) Name of the occupant of the alarm system location;
(4)Address of the alarm system location; and
(5) Date of installation or activation, in accordance with the V.T.C.A., Occupations Code § 1702.286.
(c) The police department shall protect such information as confidential information and its use shall be restricted to legitimate law enforcement purposes and to enforcement of this article.
(d) An alarm systems company commits an offense if the company violates subsection (a) or (b) of this section. An offense under this subsection is a Class C misdemeanor.
(e) The duties imposed by this section on an alarm systems company do not apply to the installation or activation of a personal emergency response system, as defined under V.T.C.A., Occupations Code § 1702.331.
(Code 2014, § 34-103; Ord. No. 3713, § 10, 4-21-2015)
Sec. 34-104. - Operation of alarm system.
No person shall install, cause to be installed, or permit to be installed any alarm system unless the following are met:
(1) Any alarm system which may be activated as a result of different types of emergency situations shall give a silent signal, if so equipped, that is unique to designate activation as a result of a holdup, a burglary, a fire, or any other different type of emergency situation so that the proper notification and proper response can be made.
(2) Otherwise, any alarm system designed to emit an audible signal or sound intended to be heard from the exterior of the alarm site shall have a 30-minute shutoff from the time of activation which will not sound again as a result of the same event that resulted in the original activation. Further, the audible signal or sound must not sound similar to that of a siren, an emergency vehicle, or a civil defense warning system.
(3) All alarm systems shall have a backup power supply that will become effective in the event of a power failure or outage in the source of electricity from the electric company.
(4) No person shall use or permit the use of an automatic telephone dialing system or any telephone device or telephone attachment which automatically selects any telephone line leading into the communication center of the police department or any number leading into the offices of the city and then transmits any prerecorded message or signal.
(5) No person shall use or permit the use of any system which gives notification of the activation of an alarm system directly to the police department by any means other than live human voice, unless the alarm system is installed upon premises occupied by the city.
(Code 2014, § 34-104; Ord. No. 3713, § 11, 4-21-2015; Ord. No. 3969, § I, 4-17-2018)
Sec. 34-105. - Alarm users.
An alarm user shall:
(1) Maintain the premises and security alarm system in a manner that will minimize or eliminate false alarms;
(2) Review all alarm system operating instructions, including those for verification of an alarm;
(3) Notify the alarm system monitoring company of a false alarm activation as soon as the user is aware of the false alarm; and
(4) Not manually activate an alarm except when needing an immediate response to an emergency.
(Code 2014, § 34-105; Ord. No. 3713, § 12, 4-21-2015)
Sec. 34-106. - Alarm system verification process.
A verification process is an independent method of an alarm system monitoring company for determining that a signal from a security alarm system requires immediate emergency response. The verification process shall not take more than five minutes, calculated from the time that the alarm company receives the alarm signal until the alarm company determines whether to request an emergency dispatch. The means of verification shall include at least one of the following:
(1) The establishment of voice communication with the alarm user or a person authorized by the user at or near the premises with the alarm who may indicate whether there is an immediate need for police response;
(2) A feature that permits the alarm user or a person authorized by the user to send a special signal to the alarm company that will cancel the alarm immediately after the signal has been sent and prevent the alarm company from calling the police department;
(3) The installation of a video system that notifies the alarm company when the alarm signal is received with the ability to ascertain whether activity is occurring that warrants immediate police response;
(4) A confirmation that an alarm signal reflects a need for immediate police response from either the alarm user or a person authorized by the user or an alternate response agency made before dispatching the police department/fire department; or
(5) An alternate system that the chief of police determines has or is likely to have a high degree of reliability.
(Code 2014, § 34-106; Ord. No. 3713, § 13, 4-21-2015)
Sec. 34-107. - False activation prohibited.
(a) No person shall activate an alarm system for the purpose of summoning emergency personnel except in the event of a fire, unauthorized entry, robbery, or other crime being committed or attempted on the premises, or if the person needs assistance in order to avoid injury or serious bodily harm.
(b) Any person who shall notify emergency personnel of an activated alarm and have knowledge that such activation was apparently caused by an electrical or other malfunction shall at the same time notify the police of the apparent malfunction.
(Code 2014, § 34-107; Ord. No. 3713, § 14, 4-21-2015)
Sec. 34-108. - False alarm fines; past due debt.
(a) An alarm user who has a valid alarm permit and whose alarm site has more than four false alarms within an alarm permit year shall be fined for each false alarm after the fourth false alarm in accordance with appendix B to this Code, schedule of fees, rates and charges.
(b) An alarm user who does not have a valid alarm permit and whose alarm site results in an alarm dispatch request to the police department that results in the arrival of one or more Deer Park police officers/fire department shall be fined for each false alarm in accordance with appendix B to this Code, schedule of fees, rates and charges.
(c) The city reserves the right to collect past due debt, as well as the costs associated with collecting past due debt, in accordance with current law and/or city policy.
(Code 2014, § 34-108; Ord. No. 3713, § 15, 4-21-2015)
Sec. 34-109. - Determination of false alarm; rebuttable presumption.
For the purpose of this article, there is a rebuttal presumption that the following determinations made by the chief of police, alarm administrator or by emergency personnel dispatched to the premises reporting an alarm signal are correct:
(1) There is no evidence of a crime or other activity that would warrant a call for immediate police/fire assistance at the premises;
(2) No individual who was on or near the premises or who has viewed a video communication from the premises called for a police department dispatch or verified a need for an immediate emergency response; and
(3) There is no evidence that violent conditions of nature or other extraordinary circumstances caused the activation of the alarm.
(Code 2014, § 34-109; Ord. No. 3713, § 16, 4-21-2015)
Sec. 34-110. - Bad check.
Alarm users, in accordance with appendix B to this Code, schedule of fees, rates and charges, are subject to a bad check charge for any returned/not paid/nonsufficient funds (NSF) financial instrument, sight order or credit card payment.
Section 18: EFFECTIVE DATE This Ordinance shall become effective on April 21, 2015
NOTICE CLAUSE It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 Of The Government Code Of The State Of Texas.
SECTION 19 EMERGENCY CLAUSE The City Council finds that this Ordinance relates to the immediate preservation of the The City Council finds that this Ordinance relates to the immediate preservation of the public peace, safety and welfare, in that it is necessary that the above regulations be immediately put into effect to orderly regulate the Alarm Systems in the City and guide traffic movement for the protection of persons and property, thereby creating an emergency, for which the Charter requirement providing for the reading of Ordinances on three (3) several days should be dispensed with and this Ordinance should be passed finally on its introduction; and, accordingly, such requirement is dispensed with and this Ordinance shall take effect upon its passage and approval by the Mayor.
In accordance with Article VIII. Section I of the City Charter, this Ordinance was introduced before the City Council of the City of Deer Park. Texas, passed, approved and adopted on this 21st day of April 2015 by a vote of 6 "Ayes" and 0 "Noes".