O-2009-3199 revise regulation of and permitting fees for burglar alarms

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correct: (1) There is no evidence of a crime or other activity that would warrant a call for immediate police or fire assistance at the premises; (2) No individual who was on or near the premises or who has viewed a video communication from the premises called for a police or fire department dispatcher verified a need for an immediate emergency response; and (3) There is no evidence that violent conditions of nature or other extraordinary circumstances caused the activation of the alarm. Sec. 30-43. False activation prohibited; exceptions. No person shall knowingly, intentionally or with reckless disregard activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice; provided, however, it shall be an affirmative defense to prosecution under this section that the alarm system was activated solely for the purpose of testing the system and the person who tested the alarm system took reasonable precautions to void any request being made to the city to respond to such alarm. This section shall not apply to conduct which is in violation of section 42.06 of the Texas Penal Code, as presently enacted and as may be subsequently amended. Sec. 30-44. Service fees for permit and city response to an alarm. The city may charge service fees for its permits and responses to false alarms in accordance with this chapter. Except as may be hereinafter set forth, service fees for issuance of permits, false alarms and any other charges and penalties arising pursuant to this chapter shall be in such amounts as may be established in this chapter and as may, from time to time, be adopted by resolution of the city council of the City of La Porte. Delinquent service fees may be billed to the permit holder by including service fee on permit holder's water bill notification form. With respect to alarm systems, no penalty or service fee for signaling of a false alarm by an alarm system shall be made unless at least three other false alarms have occurred during the preceding 12 months. The service fee may be assessed against the owners, occupants or person in control of the premises where the alarm system is located. The amount assessed for a false alarm of an alarm system after three previous false alarms will be $50.00 for the fourth and fifth false alarm, $75.00 for the sixth and seventh false alarm, and $100.00 per response thereafter. The permit holder may take an on-line false alarm awareness training course in lieu of a service fee once every twelve months. The permit holder may file a request for hearing with the city director of finance to dispute the service fee within ten days of receipt of a notification of service fee. The city acknowledges that newly installed alarm systems may incur false alarms during installation and adjustment period, therefore false alarms made or caused as a result of installation or adjustment during a period often days from initial installation or permit date, will not be charged against the permit holder as false alarms for the purpose of service fees as set forth in this article. For purposes of calculating the service fees set out in this chapter an alarm system shall mean and include all alarm systems operated under one permit. A reinstated permit as provided for elsewhere in this chapter shall retain its original issuance date for the purposes of the commencement of the "twelve-month period" when assessing service fees under this chapter,