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Home My WebLink AboutO-1991-1704 . . ORDINANCE NO. 1704 AN ORDINANCE REGULATING BURGLARY AND ROBBERY ALARM SYSTEMS IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVIeTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 This ordinance shall be known as the Burglary and Robbery Alarm Ordinance." Section 2 DEFINITIONS Unless it is apparent from the context that another meaning is intended, the following words when used in the article shall have the meaning attached A(attributed) to them by this section. ALARM BUSINESS: means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. ALARM PERMIT: means a permit issued by the City allowing the operation of an alarm system within the City. ALARM SYSTEM: means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an activity requiring urgent attention and to which the Police Department is expected to respond, but does not include alarms installed to transmit fire alarms. ALARM USERS: means the person, firm, partnership, association, corporation, company or organization, structure or facility or portion thereof wherein an alarm system is maintained. AUTOMATIC TELEPHONE DIALING ALARM SYSTEM: means the automatic dialing devices or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the Police Department, a recorded message or code signal indicating a need for emergency response; or a system which, upon activation, connects to an answering service whose function is to transmit to the Police Department a need for emergency response. . . Ordinance No. 1794 , Page 2 FALSE ALARM: the alarm system activates a signal indicating to the Police the alarm system has been violated. Thereby causing a response by the police when in fact a situation requiring a response does not exist; but this definition does not include violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. SECTION 3.1 ALARM USER PERMITS REQUIRED; FEES; RENEWAL (a) It shall be unlawful for any person to operate an alarm system without a valid alarm user permit. Violation of this Section shall be a Class C Misdemeanor punishable by a fine not to exceed $200.00. (b) Each operating alarm system will have a designated person and address named and listed on each permit as owner or conservator in the event a citation is to be issued or a fine imposed or any other legal notification should become necessary. (c) Within thirty (30) days of the effective date of this ordinance, alarm user permits are to be acquired from City Code Enforcement Division. The initial registration and permit fee is twenty five ($25.00) dollars. (d) All alarm user permits will expire on the Thirtieth (30th) day of September of each year and must be renewed not later than the fifth (5th) day of October of each year with a renewable fee of five ($5.00) dollars per alarm per address. (e) pre-existing Installations All structures having a operating alarm in place on the effective date of this ordinance shall register with the city Code Enforcement Division. No initial registration and permit fee shall be required on existing installations. (f) If a business has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate permit will be required for each structure. Section 3.2 APPLICATION FOR ALARM PERMIT; EMERGENCY NOTIFICATION AND REPORTING SERVICE INFORMATION (a) Applications Each application shall state the name, address and telephone number . e Ordinance No. 1704 , Page 3 of the applicant's property to be serviced by the alarm and the name, address and telephone number of the applicant's residence, if different. If the applicant's a~arm is to be serviced by an alarm company, then the applicant shall also include the name, address and telephone number of the company. (b) Emergency Notification Each application sha~~ list an emergency te~ephone number of the user or his representative to permit prompt notification of alarm calls and facilities assisting the police in the inspection of the property. Changes in emergency telephone number shall be kept current, and this being the responsibility of the listed applicant. (c) Reporting Service Information Any application information on file that requires any changes shall immediately be submitted in writing by the designated representative to the Code Enforcement Division. Section 3.3 NECESSARY ITEMS FOR ALARM SYSTEMS TO QUALIFY FOR AN ALARM USER PERMIT (a) All alarm systems shall have a backup power supply that will become effective in the event of power failure or outage in the source of electricity from the utility company. (b) All alarm systems will have an automatic reset which silences the annunciator with thirty (30) minutes after the activation and which will not sound again as a result of the same event that resulted in the original activation. Section 3.4 DETERMINATION OF VALIDITY (a) Whenever an alarm is activated in the city causing emergency response by the po~ice department, the officer on the scene sha~~ visually inspect the area protected, along with the alarm system and shall determine whether the emergency response was required or whether the alarm system malfunctioned and thereby activated a false alarm at which time a report of the results will be made in writing by the officer. (b) The Chief of Police or his designee, shall have the right to inspect any alarm system on the premises to which a response has been made and he may cause an inspection of such system to be made at any . e Ordinance No. 1704 , Page 4 reasonable time during normal business hours. Section 3.5 Penalties for False Alarms (a) More than five (5) false alarms from the same system within a permit year is considered excessive and constitutes a public nuisance. (b) The activation of six (6) or more false alarms from the same system within a permit year will be cause to issue a written citation to the alarm user as defined on the city issued permit. (c) Failure to make application for permit or failure to renew a permit or use of alarm without a permit will be cause for a written citation to be issued to alarm user. (d) Violation of this alarm ordinance shall be a Class C Misdemeanor, punishable by a fine not to exceed two hundred ($200.00) dollars. (e) Failure to abide by all rules or regulations set forth in this ordinance shall constitute grounds for revocation of this permit in addition to other penalties. SECTION 3.6 DECLARATION (a) If any section, sentence, phrase, clause or any part of any section, sentence, phrase or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. (b) Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). (c) The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting . . Ordinance No. 1704 ,Page 5 has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. (d) This ordinance shall be effective fourteen (14) days ,after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the >>.nt~ay of 1991. BY, - ~~~k/--- Norman Malone, Mayor ATTEST: ~ikL eherie Black, City Secretary