Ord. 0569-3 2010-03-08 - Supp 5ORDINANCE NO. 569-3
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.
As used in this article, the terms herein are defined as follows:
Alarm, burglar: Any device or series of devices 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 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. If
cancellation of an alarm occurs prior to a police officer or firefighter arriving at the
scene, no false alarm will be assessed.
ORDINANCE NO. 569-3
Alarm, fire: Any device or combination of devices intended to detect the
presence of combustion, smoke, fire, or flame in any occupancy.
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.
Alarm, panic: Any type alarm system or device that is manually activated by an
Alarm User that designates they are being forced to turn off the system or are
under duress.
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.
(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.
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Alarm user: Any person on whose premises an alarm system is maintained.
Chief of police: The chief of the Pearland Police Department or his designated
representative.
City: The City of Pearland, Texas.
Fire Chief- The Fire Chief 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.
Sec. 20-21. Registration permits.
(a) No person shall operate, cause to be operated or permit the operation of an
alarm system or fire alarm 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 or fire alarm 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 and/or fire department.
(e) Nonprofit corporations or organizations are hereby exempt from any
registration fees but not from obtaining registration permits.
Sec. 20-22. Registration application; issuance of registration permit.
(a) Application for a registration permit for the operation of an alarm system or
fire alarm shall be made by a person having control over the property on which
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ORDINANCE NO. 569-3
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.
(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;
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 or fire alarm if it becomes
necessary.
(2) Train all persons who are authorized to activate the alarm system or
fire alarm in the proper operation of such alarm.
(c) The person in control of the property on which an alarm system or fire alarm
is installed shall ensure that all information supplied on the original registration
permit is current. The City must be notified in writing within seventy-two (72)
hours 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.
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ORDINANCE NO. 569-3
Sec. 20-25. Testing of equipment.
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.
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.
(b) Operation of an alarm system or fire alarm without a permit is an offense.
Each day an alarm is operated without a permit shall constitute a separate
offense.
(c) The knowing failure of an alarm user to repair an alarm where required
herein is an offense hereunder. Each day during which such failure continues
shall constitute a separate offense.
(d) The intentional installation or maintenance of an alarm not in accordance
with the requirements of this article is an offense hereunder.
(e) It is an offense to knowingly or recklessly fail to attend upon the scene of an
alarm activation within the time period set forth herein after actual notice has
been given to the person designated to enter and control any premises.
Sec. 20-27. Fees and Fines.
A fine will be assessed to the Alarm User of an alarm system or fire alarm for
each response by the city to each false alarm in accordance with the tables
below. The calculation of False Alarms is done by using the preceding 12-month
period from when the False Alarm occurred, this is also known as the Reckoning
Period. In the event the City responds to two (2) or fewer False Alarms
during a Reckoning Period, the Alarm User shall be exempt from the
Combination Burglar, Hold-Up/Panic and Fire Alarm Permit Fee for the
following Reckoning Period.
Residential Fees and Fines
Combination Burglar, Hold-Up/Panic, Permit Cost, Fire
Alarm Permit
$15.00
Permit Duration
12mo Term
Reckoning Period
Preceding 12mos
Fine for 4th & 5th False Alarm (Burglar)
$50.00/ea
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Fine for 6th & 7th False Alarm (Burglar)
$75.00/ea
Fine for 8th & more False Alarm (Burglar)
$100.00/ea
Fine for 3rd False Alarm (Hold-Up/Panic)
$50.00/ea
Fine for 4th False Alarm (Hold-Up/Panic)
$75.00/ea
Fine for 5th & more False Alarm (Hold-Up/Panic)
$100.00/ea
Fine for 4th False Alarm (Fire)
$50.00/ea
Fine for 5th False Alarm (Fire)
$75.00/ea
Fine for 6th & more False Alarm (Fire)
$100.00/ea
Commercial Fees and Fines
Burglar Alarm Permit Cost
$30.00
Combination Burg & Hold-Up/Panic Permit Cost
$40.00
Fire Alarm Permit Cost
$20.00
Permit Duration
12mo Term
Reckoning Period
Preceding 12mos
Fine for 4th & 5th False Alarm (Burglar)
$50.00/ea
Fine for 6th & 7th False Alarm (Burglar)
$75.00/ea
Fine for 8th & more False Alarm (Burglar)
$100.00/ea
Fine for 3rd False Alarm (Hold-Up/Panic)
$100.00/ea
Fine for 4th False Alarm (Hold-Up/Panic)
$200.00/ea
Fine for 5th & more False Alarm (Hold-Up/Panic)
$300.00/ea
Fine for 4th False Alarm (Fire)
$100.00/ea
Fine for 5th False Alarm (Fire)
$200.00/ea
Fine for 6th & more False Alarm (Fire)
$300.00/ea
The person designated by the City Manager to collect fees and or fines for false
alarms will furnish to the city attorney a list of those Alarm Users who have failed
to pay their assessed fines or fees for false alarms. The city attorney will take
appropriate action for collection.
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ORDINANCE NO. 569-3
Sec. 20-28. 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 fire chief if such extenuating
circumstances are present that would merit such exemption.
Sec. 20-29 Revocation of Registration Permit
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
rendered in accordance with this Chapter or for failure to pay a Fine or Fee
rendered in the Pearland Municipal Court of Record for a violation of this Article.
Registration Permits for Fire Alarms issued in accordance with this Article may
be revoked by the Fire Chief and Registration Permits for all other alarms issued
in accordance with this Article may be revoked by the Chief of Police.
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 person who is
revoking such permit, or that person's 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 person responsible for hearing the
appeal 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. 20-30 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. 20-31. Effective date.
The requirement to register all alarm systems installed within the city and other
provisions of this article shall become effective beginning May 1st, 2010.
Secs. 20-32--20-41. Reserved."
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ORDINANCE NO. 569-3
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 May 1st, 2010, after its publication, or the publication of
its caption, in the official City newspaper.
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ORDINANCE NO. 569-3
PASSED and APPROVED ON FIRST READING this the 22nd day of
February, A. D., 2010.
TOM REID
MAYOR
ATTEST:
2,t
PASSED and APPROVED ON SECOND AND FINAL READING this the
8th day of March, A. D., 2010.
ATTEST:
116
TY r CRETA 'Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
T2,
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
MARCH 8, 2010
Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
Saboe, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: March 10, 2010
EFFECTIVE DATE: May 1, 2010
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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