Loading...
HomeMy WebLinkAboutORD 1995-077 � ORDINANCE NO. 95-77 ,�,, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY DELETION OF CHAPTER 3'h ALARM SYSTEMS IN ITS ENTIRETY AND THE INSERTION OF NEW CHAPTER 3.5 ALARM SYSTEMS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 3'h Alarm Systems of the Grapevine Code of Ordinances be and the same is hereby amended by the deletion of Chapter 3'/z in its '�"" entirety and the insertion of new Chapter 3.5 Alarm Systems as shown in Exhibit "A", attached hereto and made a part hereof. � Section 2. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars (5500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby „�.� declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. � ,,��, Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates w� an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of October , 1995. APPROVED: �, 1,���_ William D. Tate Mayor � ATTEST: � Lind Huff City Secretary APPROVED AS TO FORM: ,,.�''� ��_� John F. Boyle, Jr. City Attorney �� � ORD. NO. g5-77 2 EXyIBIi= TO o'eD. �s-�� Pa�e � of _,�._, � ARTICLE I. ALARMS ,�„ Sec. 3.5-1 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system means a device or system that transmits a signal intended to summon police of a municipality in response to a burglary. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises. Enhanced alarm system means a device or system that transmits a signal or that emits an audible signal on the exterior of a structure intended to summon or that would reasonably be expected to summon emergency services of the city, including, but not limited to, cable television alarm systems, fire alarms, medical alert alarms, robbery alarms, panic alarms and other emergency assistance alarms, but not including an Alarm system. Enhanced alarm system does not include an alarm '�x`�' installed on a vehicle, unless such vehicle is permanently located at a site, nor an alarm designed to alert only the inhabitants of a premise. System means an alarm system and/or and enhanced alarm system. Automatic protection device means an electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a physical force or condition inherently characteristic of a fire, unauthorized intrusion or other emergency. False alarm means an alarm notification to the police or fire departments, when the responding police officer or firefighter finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, an attempt to take a person hostage, a fire, a medical emergency, or any other occurrence which an alarm system or enhanced alarm system is designed to signal or warn of, or to summon emergency assistance. Permit holder means the individual responsible for payment of all fees and �� charges and any civil action which may arise from the operation of an alarm system or enhanced alarm system. „�,,, Primary trunk line means a telephone line leading into the communications center of the fire department or police department that is for the purpose of handling emergency calls on a person-to-person basis, and which line is identified by a specific ��E�i18�T� TO �R�< <rS-7� �a3e -_ =�=_ of 7 listing among the emergency numbers in the telephone directory issued by the �� telephone company(s) serving the city. �, Secondary trunk line means a telephone line leading into the communication center of the fire department or police department or the central switchboard of the city government that is identified by a special listing among the emergency numbers in the telephone directory for handling administrative or other calls on a person-to- person basis. Sec. 3.5-2 Penalty Except as stated otherwise, violations of this chapter are punishable by fine up to $500.00. Sec. 3.5-3 Automatic Protection Devices No automatic protection device installed by any person on premises of any kind shall be keyed to either a primary or secondary trunk line. ��``�" Sec. 3.5-4 Financial Institutions � (A) Any financial institution that is required by regulations of federal supervisory agencies issued pursuant to the Bank Protection Act of 1968 to have an alarm system and/or an enhanced alarm system may arrange to have such alarms signal on a dedicated telephone line directly to the police department. (B) A financial institution installing an alarm system shall obtain a permit therefor annually, upon application to the chief of police or his representative and payment or a 5250.00 annual permit fee. If the financial institution also installs an enhanced alarm system and so states on the annual application, the total annual permit fee for both systems shall be 5350.00. (C) Any financial institution installing an'alarm system and/or enhanced alarm system as provided in subsection (a) of this section shall bear the cost of installation and maintenance of such system, including the monitoring equipment located at the . police department. Such financial institutions shall provide for repair and maintenance of such system on a 24-hour basis. (D) The chief of police or his representative shall have the right to inspect such „�,,, systems and may require changes, modernization, consolidation or removal of the alarm equipment at the expense of the financial institution. � 2 � � TO d !�D �ys -�!) �xy:a; � 7 �'a�(: --=3 of - (E) Such financial institution shall be subject to the same service fee schedule for false alarms or other provisions applicable to alarm permit and enhanced alarm permit holders as are provided in this chapter. � Sec. 3.5-5 Alarm System Operating Requirements. (A) Permit holders will adjust or modify sensory mechanisms to suppress false indications of force so that the system(s) will not be activated due to transient pressure changes in water pipes, flashes of light, wind noise caused by rattling or vibration of windows or doors, vehicular noise, electrical power fluctuations, pets within the premises or other forces unrelated to an actual emergency. The permit holder is responsible for all false activations due to faulty equipment or human error. (B) Systems will be adjusted to allow a total of no longer than 30 minutes of sound after activation. (C) Upon activation, no system will transmit another alarm signal without first being manually or automatically reset. (D) The permit holder or an authorized representative shall be required to come to the system site within 30 minutes after being notified and so requested by the ""'" police department, either directly or through the permit holder's monitoring company, of a system activation. Failure to respond as required will result in a letter of warning +�► from the chief of police on the first occasion. A second failure to respond will result in suspension of the permit until the permit holder satisfactorily demonstrates that compliance with this provision will be accomplished. (E) It shall be unlawful for any permit holder or person having custody, control, management or possession of any premises to cause, suffer, or permit the operation of any alarm system and/or enhanced alarm system on such premises without a valid permit from the chief of police for the operation of such system. (F) The chief of police or his designated representative may terminate a permit for non-renewal by providing at least 30 days prior written notice to the permit holder. Termination of a permit does not relieve the permit holder from payment of fines or fees already levied. (G) Permit holders shall properly secure their property to prevent birds, animals, rats, rodents and other animals from entering the premises and activating the system. Sec. 3.5-6 False Alarms; Alarm System Review Committee. (A) A service charge will be made by the city to a permit holder for responding to false alarms on the basis of the number of false alarms occurring at an alarm site „r,„, during a 12-month period preceding the date of a false alarm. 3 =\�i;3:" � i 0 er¢.D . 9.�-�'7 �'.�;� j` of 7 � (B) A service charge of S50 shall be levied for the signaling of a false alarm by an alarm system, if at least five other false burglar alarm activations occurred at that location during the preceding 12-month period. A service charge of S50 shall be „�, levied for each signaling of a false alarm by an enhanced alarm system, if at least two other false enhanced alarm activations occurred at that location during the preceding twelve month period. Failure to pay service charges as allowed in this section within 60 days of billing will result in suspension of the permit unless appealed to the alarm system review committee. (C) A permit holder having more than ten false alarms of any kind in any 12- month period shall have his permit suspended by the chief of police or his representative until he can satisfactorily demonstrate that the system will be properly operated. Reinstatements of any permit shall be subject to a reinstatement fee of $100. (D) The officer assigned to respond to an alarm site will make the initial determination as to whether or not the alarm notification is false. This officer will prepare a report for the chief of police or his representative. The determination as to whether an alarm notification is false is final unless appealed to the alarm system review committee. (E) The police department will maintain records necessary to carry out the '"'�'' provisions of this article. � � (F) There is hereby established the alarm system review committee of three members appointed by the city manager. Members shall be appointed for two-year terms; provided, however, they may be removed without cause at any time by the city manager or his representative. The alarm system review committee shall; (1) Periodically review the effectiveness of the city's alarm system regulations and make appropriate recommendations to the chief of police; (2) Review the revocation and suspension of permits as requested by a permit holder or the chief of police; and (3) Review false alarm activation determinations as requested by the permit holder or the chief of police. The determination of the alarm system review committee as to revocation, suspension and false alarm activations shall be final. � Sec. 3.5-7 Alarm Signal Reporting �,,, (A) Automatic protection devices shall report alarms only over a telephone line established by the chief of police or his representative for such purposes. Any 4 �XNIBIT� TO �'e°` ����� Pa3e of _..Z— reporting made by prerecorded voice that automatically times-out may be subject to "� automatic disconnect in the event of other incoming emergency calls. � (B) Businesses that monitor and relay alarm notifications to the police department shall be licensed by the Texas Board of Private Investigators and Private Security Agencies as provided by state law. The relay of such alarm notifications shall be by a human operator on a telephone line designated by the chief of police or his representative. Sec. 3.5-8 - 3.5-30 Reserved. ARTICLE II. PERMIT Sec. 3.5-31 Required All individuals, homeowners, businesses, and corporations using an alarm system and/or an enhanced alarm system in the city witl be required to secure a permit therefor from the chief of police prior to the operation of such system. All individuals, homeowners, businesses, and corporations who have existing systems on the effective date of this section have 60 days to comply with this article. Permits "'"�" shall be issued in the name of any person having custody, control, management, or possession of the premises. � Sec. 3.5-32 Permit Fees Homeowners shall pay a S25 permit fee per year for each alarm system and a $25 permit fee per year for each enhanced alarm system. Businesses shall pay a S25 permit fee per year for each alarm system and a $25 permit fee per year for each enhanced alarm system. Sec. 3.5-33 Application The application for a permit under this article shall include, as a minimum, the following information: (1) The name, address, organization (corporation, partnership, etc.1, and telephone number of the person in whose name the permit will be held. � (2) The name, address, and telephone number of the person or persons responsible for the maintenance and operation of the system(s). �,,,, (3) The name, address and telephone number of the person or persons to be notified should the alarm system or enhanced alarm system be activated. 5 �XNi31� � TO a�J: �j�- %� ?a�e —.�— of � � (4) Purpose of the alarm. (5) Classification of the system as commercial or residential � (6) Description of the operation of the system. (7) Description of the methods by which the police department will be notified of alarm activation. (8) Indication of whether the alarm is silent or audible. (9) The name and address of the installer of the system. (10) Any other information the chief of police or his representative may deem necessary. Sec. 3.5-34 Change in Required Information Should any change occur in any of the information required in the application for a permit under this article during the term of the permit, the permittee shall, within ten days of the change of such information, give written notification to the chief of '°"�"' police or his representative of such change in order that the information required and furnished on the permit application will be kept current at all times. Violations of this "�' section may result in suspension of this permit. Sec. 3.5-35 Approval Required No permit shall be issued under this article except upon approval by the chief of police or his representative. Sec. 3.5-36 Denial or Suspension Any false statement or misrepresentation on an application for a permit under this article will constitute grounds for denial of the application or suspension of an existing permit. Sec. 3.5-37 Confidentiality of Information ,,�,,, The information furnished in the permit application or otherwise by the permittee to the police department or kept in the records of the city relevant to alarm systems or enhanced a�arm systems, or that concern the location of a system, the � name of the occupant of a system location, or the type of system that is used is confidential and may not be disclosed except as provided by Vernon's Ann. Civ. St. 6 EXHIBIT � TO ��� ` ��- �� Page '� of �_ art. 4413(29bb1, or other applicable statute, and shall specifically be considered � confidential and not subject to the provisions of Vernon's Ann. Civ. St. art. 6252-17a. � Sec. 3.5-38 Transfer Prohibited No permit issued under this article shall be transferable to any other person, and all permit fees are non-refundable. Sec. 3.5-39 Expiration and Renewals Permits issued under this article will be valid for one year and shall expire after one year on the last day of the month in which they are issued. Renewal applications shall be submitted on or before the 15th day of the month. ,��«� � � � 7