HomeMy WebLinkAboutOrd.569-4 20260928ORDINANCE NO. 569-4
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 read as follows:
“ARTICLE II
ALARM SYSTEMS
Sec. 20-20. Definitions.
The City hereby adopts relevant definitions listed in state law. As used in this article, the
terms herein are defined as follows:
Alarm, burglar: Any device or series of devices intended to initiate a law enforcement
response to a particular location.
Alarm site: The specific property or area of the premises upon or within which an alarm
system is or is to be installed. Each unit, if served by a separate alarm in a multi-unit
building or complex, shall be considered a separate Alarm Site.
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.
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(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.
Sec. 20-21. Registration permits.
(a) No person shall operate, cause to be operated or permit the operation of a burglar
alarm system unless a current registration permit has been issued by the city for such
system. This subsection shall not be applicable to an alarm system business; but the
person in control of the property which the alarm system is designed to protect shall be
subject to prosecution if he permits the operation of such system without a valid
registration permit.
(b) The person in control of the property may obtain a separate registration permit for
each alarm system or may obtain a single registration permit for all alarm systems on the
premises (single address) that it is under the control of the applicant for a registration
permit.
(c) Each registration permit issued in accordance with this article shall be valid for a
period of 12 months from the date of issuance, unless it is revoked in accordance with
this chapter, or unless the control of the property is transferred from the permit holder.
(d) The registration holder for an alarm system shall keep such permit at the alarm site
and shall produce such permit for inspection upon the request of any member of the
police department.
(e) Nonprofit corporations or organizations are hereby exempt from any registration
fees but not from obtaining registration permits.
(f) Operation of an alarm system without a permit is a violation whether or not a fee is
required for issuance of the permit for that alarm system being operated.
Sec. 20-22. Registration application; issuance of registration permit.
(a) Application for a registration permit for the operation of an alarm system shall be
made by a person having control over the property on which the alarm system is to be
installed and operated. Such applications shall be made in writing or by using the online
form designated by the city for that purpose. The fee for an alarm permit is set forth in
the Non-Development Fee Schedule adopted by the city.
(b) The person in control of the property on which an alarm system is installed shall:
(1) Ensure that any person listed on the application for registration permit:
a. Receive notification of an alarm being activated on the premises;
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b. Come to the alarm site within thirty (30) minutes after receiving a
request from a member of the police department and/or fire department to
do so;
c. Grant access to the alarm site; and
d. Deactivate the alarm system if it becomes necessary.
(2) Train all persons who are authorized to activate the alarm system in the
proper operation of such alarm.
(c) The person in control of the property on which an alarm system is installed shall
ensure all information supplied on the original registration permit is current. The City
must be notified in writing within three (3) business days of any changes or
modifications; such as new employees or persons to notify in case of alarm activation.
Sec. 20-23. Power supply.
Any alarm system which necessitates response by a law enforcement agency or is a
public alarm shall be provided with standby power to automatically maintain the system
in a normal condition for a period of four (4) hours in the event of the interruption of the
primary power source. This does not apply where the central monitoring equipment
produces a distinctive signal indicating power failure at the protected premises and a
police response is not required.
Sec. 20-24. Dial alarm receiving equipment.
After the enactment of this article, no automatic protection devices, known as dial alarms
or dialers, will be installed and keyed to any police emergency trunk line.
Sec. 20-25. Testing and maintenance of equipment.
(a) No person shall conduct any test or demonstration of an alarm without first
notifying the City by contacting the telephone number on the alarm permit
application.
(b) The installation or maintenance of a burglar alarm not in accordance with the
requirements of this article is an offense.
(c) The failure of a burglar alarm user to repair an alarm system where required
herein is an offense hereunder.
(d) Each day on which a violation occurs shall constitute a separate offense.
Sec. 20-26. Penalties.
(a) Violation of any subsection of this article shall be punishable by a fine not to exceed
the fine established in section 1-11 of the City Code of Ordinances.
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(b) It is the express intent of the city council of the City of Pearland to dispense with the
requirement of proof of a culpable mental state in the prosecution for the violation of any
section in this chapter, unless said section expressly requires a culpable mental state.
Sec. 20-27. Exemption for charge for cost of response.
Any exemption from the above-delineated charges for responses to false alarms may be
granted by the chief of police or his/her designee if such extenuating circumstances are
present that would merit such exemption.
Sec. 20-28 Revocation of Registration Permit
(a) Annual Registration Permits issued in accordance with this Article may be
revoked for any violation of this Article and for the failure to pay a Fee or Fine
associated with an Alarm System or for failure to pay a Fine or Fee rendered in
the Pearland Municipal Court of Record for a violation of this Article.
(b) Registration Permits for issued in accordance with this Article may be revoked by
the Chief of Police or designee.
(c) Not less than ten (10) business days before such revocation, the person who
applied for the alarm registration permit that is being revoked shall be given
written notice and have an opportunity to be heard before the chief of police or
his/her designee. If the person whose alarm registration permit is being revoked
desires a hearing on whether such revocation is warranted, they must deliver in
writing within ten (10) business days after notice of the revocation has been
delivered a request for hearing stating the reasons for appealing the revocation
of the alarm registration permit. Upon receipt of the written notice of appeal, the
city manager or designee shall schedule a hearing within fifteen (15) business
days wherein he or she shall make a decision on the basis of the preponderance
of evidence presented at the hearing and determine whether the alarm
registration permit shall be revoked.
Sec. 20-29 Available Remedies
The rights and remedies granted to the City in accordance with this Article are not
exclusive and the City may use all other rights and remedies available by law to enforce
this law and collect the Fees and Fines assessed in accordance with this Article.”
Sec. 20-30. Effective date.
The requirement to register all alarm systems installed within the city and other
provisions of this article shall become effective beginning September 29, 2026.
Secs. 20-30--20-41. Reserved.”
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Section 2. 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 3. 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 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. 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 6. 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
on September 29, 2026, after its publication, or the publication of its caption, in the
official City newspaper.
PASSED and APPROVED ON FIRST READING this the 14th day of September,
A.D., 2026.
__________________________
QUENTIN WILTZ
MAYOR
ATTEST:
___________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
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PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day
of September, A.D., 2026.
__________________________
QUENTIN WILTZ
MAYOR
ATTEST:
___________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
___________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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