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ALAR~ - FALSE
ORDINANCE NO. 88-2737
AN ORDINANCE AMENDING CHAPTER 17, OF THE PLAINVIEW
CITY CODE, OFFENSES, PROVIDING FOR REGISTRATION
AND REGULATION OF ALARM SYSTEMS WITHIN THE CITY;
PROVIDING DEFINITIONS; PROVIDING FOR FEES AND
PERMITS; PROVIDING FOR SUSPENSION AND REVOCATION
OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR
PENALTY; AND OT~RR MATTERS RELATING TO THE
SUBJECT.
WHEREAS, the City Council of the City of Plainview, Texas has
determined that there have been a substantial number of false'alarms
reported from alarm systems to the Plainview Police Department; and
WH~--.REAS, continued police response to such false alarms reduces
the availability of police and other public safety personnel in the
city; and _r
WHEREAS, it would be in the best interest of the City and its
citizens to regulate alarm system operations within the City in
order to reduce false alarms and to increase the efficiency and
availability of the police and other public safety personnel in the
City:
NOW, THEREFORE BE IT ORDAINED by the City Council of the City
of Plainview, Texas that:
CHAPTER 21 "OFFENSES", OF THE PLAINVIEW CITY CODE BE HE~RRY
AMENDED AS FOLLOWS:
SECTION 1. DEFINITIONS.
The following words and terms, as used herein, have the meaning
respectively ascribed to them, herein provided. Any word or term
not specifically defined herein shall be accorded the meaning most
commonly attributed to it within the context used.
(1)
Alarm S¥stem means a device or system which transmits a
signal intended to summon an emergency service of the City
in response to an emergency. The categories of alarm
systems are robbery, burglary, fire, emergency medical
assistance and emergency assistance. Alarm System does
not mean an alarm installed on a vehicle, unless used for
a habitation at a permanent site, or an alarm designed to
alert only the inhabitants within a premise, but does
include an alarm that emits an audible signal on the
exterior of a structure.
(2)
Alai-~, Site means a premise or location served by an alarm
system.
(3)
Burglar Alarm Notification means a notification intended
to summon the police, which is initiated or triggered by
an alarm system designed to respond to a stimulus
characteristic of unauthorized intrusion.
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4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Coordinator means the Chief of Police or his authorized
designate.
Automatic Tape Dialers means a device, when tripped,
automatically rings the Police Department emergency line.
Emergency Medical Assistance Alarm Notification means an
alarm system intended to summon emergency medical
assistance.
Robbery Alarm Notification means a notification intended
to summon the police, which is initiated or triggered by
an alarm system designed to respond to a robbery in
progress.
Fire Alarm Notification means a notification to the Fire
Department or Police Department to summon fire-fighting
forces, which is initiated or triggered by an alarm
designed to react to any of the visual or physical
characteristics of fire.
Financial Institutions means an institution required to
have an alarm system by the provisions of the Bank
Protection Act of 1968 (12 U.S.C. 1822, as amended)
Local Alarm means an alarm system that emits a signal at
an alarm site that is audible from the exterior of a
structure.
Emergency Assistance Alarm means any automatic
notification system other than those previously defined
which summons emergency assistance from the City of
Plainview.
Back-Up Power means the alarm system must have a back-up
power to maintain the alarm system in the event of a
power outage of up to four hours.
False Alarm Notification means an alarm notification to
the Police Department when the responding officer finds
no evidence of unauthorized intrusion, attempted
unauthorized intrusion, robbery, attempted robbery, or an
attempt to take a person hostage.
(a)
The Coordinator shall not consider an alarm
notification to be false if he determines that the
alarm was caused by:
(1) A natural or man-made catastrophe,
(2) Severe weather that causes physical damage to
the premises,
(3) Vandalism,
(4) Telephone line outage or
(5) Attempted entry or attempted robbery.
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SECTION 2. PERMIT REQUI~RD; APPLICATION; TRANSFERABILITY; FALSE
STATEMENTS.
(i)
A person commits an offense if he/she installs, operates
or causes to be operated an alarm system without first
obtaining a permit from the Coordinator. A separate
permit is required for each alarm site.
(2)
Any person operating or causing to be operated an alarm
system on the effective date of this chapter shall apply
for a permit within 30 days after said effective date.
(3)
Upon receipt of the required fee and completed application
form, the Coordinator shall issue a permit unless there is
reasonable cause to believe the equipment responsible for
initiating an alarm will not be maintained or operated in
accordance with this ordinance or the applicant will not
comply with each provision of this ordinance.
(4)
(a)
Each permit application shall contain the name,
address and telephone number of the person who is
responsible for the proper maintenance and operation
of the alarm system and payment of fees or charges
levied under this chapter.
(b)
Each permit application shall also contain the names,
addresses and telephone numbers of at least two (2)
persons who are able and have agreed to receive
notification from a member of the Plainview Police
Department or Plainview Fire Department at any time
and to come to the alarm site within thirty (30)
minutes after receiving such notification.
(5)
An alarm permit is not transferable or assignable.
However, the individual designed to respond to an alarm or
relay an alarm may be changed. A permit holder shall
inform the Coordinator of any changes that alters
information listed on the permit application. No fees
shall be assessed for such changes.
(6)
Any false Statement or misrepresentation of a material
fact made by an applicant for the purpose of obtaining an
alarm permit or renewal, or for the purpose of making a
change thereto, may be sufficient cause for refusal to
grant, or suspension of, a permit.
(7)
Each alarm system shall have a back-up power supply
sufficient to maintain the alarm system in the event of a
power outage of up to four hours.
SECTION 3. PERMIT FEE AND POLICE DEPART~RNTMONITOR FEE.
(i)
A non-refundable fee of $10.00 is required for each permit
or renewal of a permit. A permit shall be issued for two
years and shall be renewed every two years thereafter by
payment of the permit fee. It is the responsibility of
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(2)
SECTION 4.
(i)
(2)
(3)
(4)
(5)
(6)
SECTION 5:
the permit holder to pay the renewal fee prior to the
expiration date of the permit.
There shall be assessed against each alarm company, agency
or system, which is to be monitored at the Police
Department a charge of five dollars ($5.00) per month for
each alarm device installed at the Police Department.
FALSE ALARM FEES.
The permit holder of a burglar alarm permit shall be
allowed six (6) false alarms. After that a $10.00 fee
shall be assessed for each additional false alarm up to 12
in any one year. If the false alarms exceed 12, the
permit may be revoked until such proof is shown that the
alarm has been repaired or the problem is solved.
The permit holder of a fire alarm shall be allowed six (6)
false alarms. After that a $25.00 fee shall be assessed
for each additional false alarm up to 12 in any one year.
If the false alarms exceed 12, the permit may be revoked
until such proof is shown that the alarm has been repaired
or the problem is solved.
The permit holder of a robbery alarm shall be allowed six
(6) false alarms. After that a $10.00 fee will be
assessed for each additional false alarm up to 12 in any
one year. If the false alarms exceed 12, the permit may
be revoked until proof is shown that the alarm has been
repaired or the problem is solved.
The permit holder of an emergency assistance alarm shall
be allowed six (6) false alarms. After that a fee of
$10.00 will be assessed for each additional false alarm.
The permit may be revoked if the false alarms exceed 12 in
any one year until proof is shown that the alarm has been
repaired or the problem is solved.
The permit holder of a medical assistance alarm shall be
allowed six (6) false alarms. After that a fee of $10.00
will be assessed for each additional false alarm up to 12.
If the false alarms exceed 12 in any one year, the permit
may be revoked until proof is shown that the alarm has
been repaired.
A permit holder shall pay any service fee assessed under
the provisions of this section within 30 days after
receipt of notice that it has been assessed by the
Coordinator.
PROPER ALARM S¥STEM OPERATIONANDMAINTENANCE.
A person in control of an audible alarm on the structure
must:
(i)
Adjust the mechanism so that an alarm signal will
sound for no longer than 15 minutes after being
activated.
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(2)
Come to the alarm site within thirty (30) minutes
after receiving a request from a member of the
Plainview Police Department or the Plainview Fire
Department to do so and grant access to the site and
deactivate the alarm if necessary.
Be
Automatic tape dialers connected to the pOlice Department
are prohibited.
C. LIABILITY OF CITY LIMITED.
(1)
The city shall take every reasonable precaution to
assure that alarm signals and pre-recorded alarm
messages received by the city are given appropriate
attention and are acted upon with dispatch.
Nevertheless, the city shall not be liable for any
defects in operation of automatic dialing devices and
signal line systems, for any failure or neglect to
respond appropriately upon receipt of an alarm from
such a source, nor for the failure or neglect of any
person with a license issued pursuant to this ordinance
in connection with the installation and operation of
equipment, the transmission of alarm signals and
pre-recorded alarm messages, or the relaying of such
signals and messages. In the event that the city finds
it necessary to disconnect a defective automatic
dialing device or signalling device, the city shall
incur no liability by such action.
(2)
The issuance of any license pursuant to this ordinance
shall not constitute acceptance by the city of any
liability to maintain any equipment.
(3)
The installation of alarm devices (including
annunciators, indicator panels, etc.) at police
headquarters shall be made at no cost to the city. The
owner or lessee shall assume full responsibility for
such equipment.
(4)
If the location of police headquarter should be changed
at any time, the city shall not be responsible for any
expense incurred by the owner of lessee or alarm
business licensee or alarm agent for moving alarm
systems or components thereof or for reconnecting such
systems or components to the relocated police
headquarters.
SECTION 6: SUSPENSION OF PERMIT.
ae
The Coordinator may suspend or refuse to re-new an alarm
system permit for failure to pay any assessment service fee
or other fee as provided for under this ordinance.
The Coordinator may suspend or refuse to re-new an alarm
permit if an alarm system generates an excessive number of
false alarm notifications.
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The applicant or permit holder may appeal the decision of
the Coordinator as provided within Section 7 of this
ordinance.
SECTION 7: APPEAL FROM DENIAL OR SUSPENSION OF A PERMIT.
(1)
If the Coordinator refuses to issue or renew a permit, or
suspends a permit, he shall send to the applicant or
permit holder by certified mail, return receipt requested,
written notice of his/her action and a statement of the
right to an appeal. The applicant or permit holder may
appeal the decision of the Coordinator to the hearing,
setting forth the reasons for the appeal, within 10 days
after receipt of the notice from the Coordinator. The
filing of a request for an appeal hearing with the City
Manager stays an action of the Coordinator in suspending a
permit until the City Manager makes a final decision. If
a request for an appeal is not made within the 10-day
period, the action of the Coordinator shall be final.
(2)
The City Manager, or his/her designate, shall serve as
hearing officer at an appeal hearing and consider evidence
offered by any interested person. The formal rules of
evidence do not apply at an appeal hearing; the hearing
officer shall make his/her decision on the basis of a
preponderance of the evidence presented at the hearing.
The City Manager shall render a decision within 10 days
after the hearing is adjourned and shall notify all
interested parties, as such were designated at the hearing
by written notice.
(3)
The City Council shall have the authority to accept review
of the City Manager's decision if:
(a)
written notice is provided to the Mayor's Office
requesting review of the City Manger's decision
within 10 days from the date of the City Manager
decision, and
(b)
the City Council, by a majority vote of those present
and voting, agrees to review the decision.
Should the City Council agree to hear the case, the Council may
affirm, reverse, or modify the decision of the City Manager.
SECTION 8: FINANCIAL INSTITUTIONS.
Financial Institutions shall be exempt from having a permit revoked,
but must abide by all other Section of this ordinance. (Federal law
ref., 12 U.S.C. 1882)
SECTION 9: PENALTY.
A person commits an offense if he operates any alarm system as
herein defined without having a valid permit in accordance with the
provisions of this ordinance and upon conviction thereof shall be
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punished by a fine not less than fifteen dollars ($15.00) nor more
than five hundred dollars ($500.00) for each offense; and a
violation occurs as a separate offense for each day or portion
thereof during which the violation is committed, continued or
permitted.
SECTION 10: SEVERABILITY.
It is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable; and, if any section, paragraph, sentence,
clause or phrase of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall
not affect any other remaining section, paragraph, sentence, clause
or phrase of this ordinance.
SECTION 11: CONFLICTS.
In the event any provision of this ordinance conflicts with any other
ordinance, the provisions of this ordinance shall prevail.
SECTION 12: EFFECTIVE DATE.
This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND APPROVED ON FIRST READING THIS THE 12th
January, 1988.
day of
PASSED AND APPROVED ON SECOND AND FINAL READING THIS THE 26th
day of ?J~nuary , 1988.
ATTEST:
CARLA REESE, City Secretary
E.V. RIDLEHUBER, Mayor
APPROVED AS TO CONTENT:
APPROVED~ ~AS TO FORM:
DAVID -BLACKB~3RN, Assistant City Attorney
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ALARM - FALSE
ORDINANCE NO: 88-2737
Whereas, the City Council of the City of Plainview did on
January 26, 1988, at a regular session of City Council adopt
Ordiance No. 88-2737. The Descriptive Caption and Penalties of
said Ordinance are as follows:
AN ORDINACE AMENDING CHAPTER 17, OF THE PLAINVIEW
City CODE, OFFENSES, PROVIDING FOR REGISTRATION
AND REGULATION OF ALARM SYSTEMS WITHIN. THE CITY;
PROVIDING DEFINITIONS;' PROVIDING FOR FEES AND
PERMITS; PROVIDING FOR SUSPENSION AND REVOCATION
OF PEP~IITS; PROVIDING FOR APPEALS; PROVIDING FOR
PENALTY; AND OTHER MATTERS RELATING TO THE SUBJECT.
PENALTIES
The penalties for the violation of said Ordinance are as
follows:
Section 9: Penalty. A person commits an offense if
he operates any alarm system as herein defined without
having a.valid permit in accordance with the provisions
of this ordinance and upon conviction thereof shall be
punished by a fine not less than fifteen dollars ($15.00)
nor more than five hundred dollars ($5'00.00) for each
offense; and a violation occurs as a separate offense
for each'day or portion thereof during which the violation
is committed, continued or permitted.
PASSED
THE 26TH DAY OF JANUAR¥& 1988.
ATTEST:
Carla Reese, City Secretary