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Ord. 0569 08-28-89ORDINANCE NO. 569 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, BY CREATING ARTICLE II NAMED ALARM SYSTEMS AND SECTIONS 20-20 THROUGH 20-31; AND ESTABLISHING PROCEDURES FOR THE REGULATION AND CONTROL OF PRIVATE ALARM SYSTEMS WITHIN THE CITY OF PEARLAND; PROVIDING FOR CERTAIN STANDARDS, PROVIDING FOR CERTAIN PENALTIES; AND PROVIDING FOR A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. That Chapter 20 of the Code of Ordinances of•the City of Pearland, Texas, shall be amended to include an Article titled and reading as follows: ARTICLE II. "ALARM SYSTEMS" "Section 20-20. Definitions." (A) ALARM SYSTEM BUSINESS - any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or moni- toring 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. (B) CENTRAL STATION - any premise, usually maintained by an alarm company, equipped to receive and displace signals from any type alarms and relays this information by live voice to the Police Department. (C) ALARM SITE - the specific property or area of the premises upon or within which an alarm system is or is to be installed. (D) 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 situa- tion. (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. (E) 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. (F) 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. (G) HOME ALARM - any alarm device or system which is connected to a residence. (H) BURGLAR ALARM - any devise intended to prevent or detect an unauthorized entry or attempted unauthorized entry into the alarm site. (I) HOLD-UP ALARM - any type alarm system or device designated to be activated by the Alarm User or Subscriber in the event of a hold- up or robbery. (J) DIAL ALARM - 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. (K) CHIEF OF POLICE - the Chief of the Pearland Police Department or his designated representative. (L) CITY - the City of Pearland, Texas. (M) FALSE ALARM - the activation of an alarm system or device through mechanical failure, malfunction, improper installation, inclement weather, or the negligence of the owner or lessee of an alarm system or device or his employees, agents or representatives. Specifically excepted are acts of God, such as false alarms, caused by hurricanes, tornadoes, earthquakes and the like. (N) PERSON - any individual, corporation, business, school district or other organization. "Section 20-21. Registration Permits." (A) No person shall operate, cause to be operated or permit the operation of an 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 business which monitors, services, or monitors and services an alarm system installed and designed to protect property under the control of a person other than the 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 so much of one premises (single address) that it is under the control of. the applicant for a registration permit, except that one registration permit shall not allow the operation of both hold-up and burglar alarms. If both hold-up and burglar alarms are operated on one premises, a single permit may be obtained for all hold-up alarms on so much of the premises that is under the control of the applicant and a separate permit for all burglar alarms on the premises under the control of the applicant. (C) For the purposes of the fee set out in the above section, an alarm system shall mean and include all alarms operated under one registration permit. The fee for registration issued pursuant to this article shall be twenty dollars ($20.00); provided, however, the fee for the registration of an alarm system installed on premises used solely as a residence shall be five dollars ($5.00). Each registration permit issued in accordance with this article shall be valid until such time that the control of the property is transferred from the permit holder. Upon such transfer of control of the property, a new permit shall be obtained. Registration permits are personally issued and are not transferable. 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. (D) Non-profit corporations or organizations are hereby exempt from any fees, but not from obtaining registration permits. "Section 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 to the City Permits office on a form designated by the City for that purpose. On such application, the applicant shall set forth: (1) The name, address and telephone number of each person in control of the property. (2) The street address of the property on which the alarm system is to be installed or operated. (3) Any business name used for the premises on which the alarm is to be installed and operated. (4) Whether the alarm system or systems are or are not local alarms and whether the alarm system(s) are designed to give notice of burglary, hold-up, or of other type of emergency. (5) The name of the person or alarm system business who will install the alarm system. (6) The names and telephone numbers of at least two (2) persons or of an alarm system business which are able and have agreed: (a) to receive notification any time; (b) to come to the alarm site within thirty (30) minutes after receiving a request from a member of the Police Department to do so; and (c) to grant access to the alarm site and to deactivate the alarm system if such becomes necessary; or the name and telephone number of an alarm system business which is able and has agreed to receive calls at any time and give the Police Department the names of persons listed with the company as set out in (d) and (e) below if: (d) the permit holder has given the alarm system business the name and telephone numbers of at least two (2) per- sons who are able and have agreed to receive notifica- tion at any time; to come to the alarm site within thirty (30) minutes after receiving a request from a member of the Police Department to do so; and to grant access to the alarm site and deactivate the alarm if necessary. (e) the applicant agrees that he will, whenever a person listed with the alarm company pursuant to (d) above is unwilling or unable to perform the duties set out, give the alarm business the name and telephone number of another person who is willing to perform the duties so that at least two (2) persons are able and willing to perform such duties are listed with the alarm system business at all times; and (f) The registration permit holder has authorized the alarm system business to provide the names listed with that business pursuant to (d) and (e) above to the Police Department whenever the department has requested that information in order to obtain assistance after an alarm has been activated. (7) Any other information deemed by the Chief of Police or his designee as necessary. (B) The person in control of the property on which an alarm system is installed shall: (1) Ensure that any person listed with the Police Department pursuant to the registration process is able: to receive notification at any time; to come to the alarm site within thirty after receiving a request from a member Department to do so; and to grant access to the alarm site and to alarm system if such becomes necessary. (30) minutes of the Police deactivate the (2) Train all persons who may activate the alarm system in the proper operation of the alarm system. (C) The person in control of the property on which an alarm system is installed shall ensure that all information supplied on the original registration permit is current. Any changes or modifi- cations (such as new employees, or persons to notify in case of alarm activation) must be made, in writing, within seventy-two (72) hours of the change. "Section 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 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. "Section 20-24. Maintenance/Repair of System." The person in control of the property shall ensure that the alarm system is repaired within seventy-two (72) hours of the time notification that such system is malfunctioning. Such notification shall be in writing on a form designated by the Police Department given to the registration permit holder, an employee, or agent of the permit holder, by a member of the Police Department designated by the Chief of Police to give such notices. The registration permit holder shall send a copy of the inspection or repair record to the Chief of Police if so requested. "Section 20-25. Dial Alarm Receiving Equipment." After the enactment of this section, no automatic protection devices, known as dial alarms or dialers, will be installed and keyed to any police emergency trunk line. "Section 20-26. Testing of Equipment." No person shall conduct any test or demonstration of a police alarm device or system in the City of Pearland without first obtaining permission from the Chief of Police or his authorized representative. Permission to conduct such test of a police alarm device or system shall not be necessary when the alarm device is connected to an inter- mediary receiver and not relayed to police headquarters, and precau- tion has been taken to ensure that such test will not cause police response or alarm to the general public. "Section 20-27. Inspection." The City shall be entitled to inspect any alarm installation during regular business hours. "Section 20-28. Penalties." (1) Violation of punishable by Section 1-11 Pearland. any subsection of this Ordinance shall a fine not to exceed the fine established of the Code of Ordinances of the City be in of (2) The knowing failure of an alarm user to inspect or repair an alarm where required herein is an offense hereunder. Each day during which such failure continues shall consti- tute a separate offense. (3) The intentional installation or maintenance of an alarm not in accordance with the requirements of this Ordinance is an offense hereunder. (4) It is an offense upon the scene of set forth herein person designated to knowingly or recklessly fail to attend an alarm activation within the time period after actual notice has been given to the to enter and control any premises. "Section 20-29. Cost of Response." The following fees will be charged to the registration permit holder for each response by the City for an alarm which has more than five (5) false alarms in any one calendar year: 6th - 9th Response loth - 15th Response 16th - Up Response $25.00 per 50.00 per 75.00 per call call call If unpaid, service to such user may be terminated by the Pearland Police Department. "Section 20-30. Exemption for Charge for Cost of Response." Any exemption from the above delineated charge for response to false alarms may be granted, upon recommendation of the Chief of Police of the Pearland Police Department, if such extenuating circumstances are present that would merit such exemption. "Section 20-31. Effective Date." The requirement to register all alarm systems installed within the City and other provisions of this Ordinance shall become effective ten days after passage of said Ordinance. However, persons who already have alarm systems in operation shall have until October 31, 1989 to come into compliance. City of Pearland, SECTION 2. The above provisions are to be inserted in the Code of Ordinances of the City of Pearland, Texas. SECTION 3. The City Council of the City of Pearland, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this Ordinance is declared invalid, or unconstitutional, by a court of competent jurisdiction, that, in such event it would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. SECTION 4. This Ordinance shall take effect and be in force on the tenth day after its publication, or the publication of its caption and penalty, in the official newspaper of the City of Pearland, Texas. PASSED AND APPROVED ON FIRST READING by the City Council of the Texas, in regular meeting on this the _ 7 _ day of , A. D., 1989. TOM REID, MAYOR ATTEST: KAY KRSE, CITY SECRETARY PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of the City of Pearland, Texas, in regular meeting this the di day of l , A. D., 1989. TOM REID, MAYOR ATTEST: _ KAY KR USE,, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. TALTON CITY ATTORNEY VOTING RECORD (FIRST READING) AUGUST 14, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. VOTING RECORD (SECOND READING) AUGUST 28, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. PUBLICATION DATE: SEPTEMBER 01, 1989 EFFECTIVE DATE: SEPTEMBER 11, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 7 OFFICE OF THE CITY SECRETARY CITY OF PEARLAND, TEXAS TO: Randy rarnar Chief of Police DATE: August 29, 1989 At the August 28, 1989 meeting of the City Council of the City of Pearland, Texas, the following matter was referred to you for appropriate disposal or for specific action as indicated: Passage on second and final reading of Ordinance No. 569, Alarm Systems. Documents attached: Ordinance No. 569 Asst. City Secretary Suspense date(s): OFFICE OF THE CITY SECRETARY CITY OF PEARLAND, TEXAS TO: Ernie Buenrostro Building Official At the City Council of the referred to you for indicated: Passage on DATE: August 30. 1989 August 28, 1989 meeting of the City of Pearland, Texas, the following matter was appropriate disposal or for specific action as second and final reading of Ordinance No. 569, Alarm Ordinance. Documents attached: Ord. No. 569 Suspense date(s): (St -at- 'vim Asst. City Secretary