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Ord. 0569-2 07-25-05ORDINANCE NO. 569-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, ALARM SYSTEMS, OF CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN RESPONDING TO EXCESSIVE FALSE FIRE ALARMS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, - AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Article II, Alarm Systems, of Chapter 19, Offenses and Miscellaneous Provisions, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 20-20, entitled Definitions, to read as follows: "Sec. 20-20. Definitions. As used in this article, the terms herein are defined as follows: Alarm, burglar: Any device intended to prevent or detect an unauthorized entry or attempted unauthorized entry into the alarm site. Alarm, dial: Any alarm or device which automatically selects a telephone line connected to police headquarters and reproduces a prerecorded message to report a crime intrusion or other emergency requiring police response. Alarm, false: The activation of an alarm system or a fire alarm system through mechanical failure, malfunction, improper installation, inclement weather or the negligence of the subscriber, owner or lessee of said system or his employees, agents or representatives. Specifically excepted are acts of God, such as false alarms caused by hurricanes, tornadoes, earthquakes and the like. Alarm, holdup: Any type alarm system or device designated to be activated by the alarm user or subscriber in the event of a holdup or robbery. Alarm, home: Any alarm device or system which is connected to a residence. ORDINANCE NO. 569-2 Alarm site: The specific property or area of the premises upon or within which an alarm system is or is to be installed. Alarm system: Any device used to detect or prevent burglary, theft, shoplifting, pilferage or other such emergency situations which, when activated, causes notification to be made directly or indirectly to the police department; or any device or system designed primarily for the purpose of giving an audible or visual signal of an attempted burglary, theft, shoplifting, pilferage or other such emergency. For the purposes of this article, an alarm system shall not include: (1) An alarm installed on a motor vehicle. (2) An alarm designed so that no notification is given to the police until after the occupants, or an agent of the owner or lessee, have checked the alarm site and determined that there was physical evidence at the site showing that the alarm was the result of criminal activity of the kind the alarm system was designed to give notice. A person who is able to grant access to the alarm site must remain at such site until the police arrive whenever the police have been notified after the alarm has been activated and such person renders access and such other assistance as necessary for the police to conduct a proper investigation of the situation. (3) An alarm installed upon the premises occupied by the United States government or the state, the county or municipal governments. For the purposes of this section, state, county or municipal governments does not include any other subdivisions, such as water districts, school districts or municipal utility districts. Alarm system business: Any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or monitoring an alarm system. It shall also mean any person employed or otherwise associated with an alarm business who has access to confidential information relating to a customer or subscriber of such alarm business which could be used to compromise or defeat an alarm system. Alarm user: Any person on whose premises an alarm system is maintained except for alarm systems on motor vehicles and alarm systems maintained by state, county or municipal governments. Central station: Any premise, usually maintained by an alarm company, equipped to receive and displace signals from any type of alarms and relays this information by live voice to the police department. Chief of police: The chief of the Pearland Police Department or his designated representative. City: The City of Pearland, Texas. 2 ORDINANCE NO. 569-2 Fire alarm system: Any device or combination of devices intended to detect the presence of combustion, smoke, fire, or flame in any occupancy. Fire Marshal: The Fire Marshal for the City of Pearland or his designated representative. Person: Any individual, corporation, business, school district or other organization. Subscriber: A person or business which buys or otherwise obtains an alarm system and has a contract with an alarm business to monitor and/or service the alarm system." Section 2. That Article II, Alarm Systems, of Chapter 19, Offenses and Miscellaneous Provisions, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 20-29, entitled Cost of Response, to read as follows: "Sec. 20-29. Cost of response. A fee will be assessed to the registration permit holder for an alarm system, or to the subscriber for a fire alarm system, for each response by the city to each false alarm in excess of five (5) false alarms in any one calendar year. The fee will be based upon the expense incurred for answering such alarms. For the purpose of determining the expense incurred per alarm, an average cost will be determined each October 1 by the police department for responses to alarm systems and by the Fire Marshal's Office for responses to fire alarm systems based upon the time of the dispatcher, patrol or other personnel and the vehicle and record - keeping expense required in answering an alarm. This average cost will become the fee charged for each false alarm in excess of the limit allowed in the succeeding calendar year. On October 1 of each year, the police chief will furnish to the city attorney a list of those permit holders who have failed to pay their assessed fees for false alarms, and the Fire Marshall will furnish to the city attorney a list of subscribers of fire alarm systems who have failed to pay their assessed fees for false alarms. The city attorney will take appropriate action for collection." 3 ORDINANCE NO. 569-2 Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption, in the official City newspaper. 4 ORDINANCE NO. 569-2 PASSED and APPROVED ON FIRST READING this the 11th day of July, A. D., 2005. TOM REID MAYOR ATTEST: UNG "FIN Y SE "ETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of July , A. D., 2005. ATTEST: /ro_:. � ") RMC CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING July 25, 2005 Voting "Aye"- Owens, Cole and Marcott. Voting "No" None Motion passed 3 to 0, with Councilmember Tetens and Viktorin Absent. PUBLICATION DATE: July 27, 2005 EFFECTIVE DATE: August 6, 2005 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 5 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for % issues, as follows: No. Date 7- 17 ifg-#.-CA- 20 °O-C No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of rye aura Ann Emmons, Publisher Notary Public, State of Texas Published July 27, 2005 ORDINANCE NO. 569-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTI- CLE II, ALARM SYSTEMS, OF CHAPTER 20, OFFENSES AND MISCEL- LANEOUS PROVISIONS, OF THE CITY OF PEAR - LAND CODE OF ORDI- NANCES, FOR THE PUR- POSE OF PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN RESPOND- ING TO EXCESSIVE FALSE FIRE ALARMS; PASSED and APPROVED PROVIDING A PENALTY --ON SECOND AND FINAL LEGALS FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, COD- IFICATION, AND AN EFFECTIVE DATE. LEGALS READING this the 25th day of July , A. D., 2005. /s/ Tom Reid Mayor ATTEST: /s/ Young Lorfing, TRMC City Secretary APPROVED AS TO FORM: LEGALS /s/ Damn M. Coker City Attomey VOTING RECORD SEC- OND AND FINAL READING JULY 25, 2005 Voting "Aye" - Owens, Cole and Marcott. Voting No - None. Motion passed 3 to 0, with Councilmember Tetens and LEGALS Viktorin absent. PUBLICATION DATE: July 27, 2005 EFFECTIVE DATE: August 6, 2005 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER .OF THE CITY OF PEARLAND, TEXAS.