§ 3-21. Regulation of residential and commercial alarms
A. Definitions. In this article:
Alarm site means a single premises or location (one street address) served by an alarm system or systems that are under the control of one owner.
Alarm system means a device or system that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police department services, fire department services, or emergency medical services including but not limited to, local alarms. "Alarm system" does not include:
(1) An alarm installed on a vehicle unless the vehicle is permanently located at a site; nor
(2) An alarm designed to alert only the inhabitants of a premises which does not have a local alarm.
Burglary means an offense as defined in the Texas Penal Code, chapter 30.
Burglar alarm notification means a notification intended to summon the police which is initiated or triggered manually or by an alarm system designed to respond to a stimulus characteristic of an unauthorized intrusion.
Communications center means the designated unit of the Sachse police and fire departments that has the responsibility of answering incoming phone calls and dispatching police and fire units.
Emergency medical assistance alarm notification means a notification intended to summon emergency medical assistance from the Sachse fire department or local ambulance service.
False burglar alarm notification means a burglar alarm notification to police when the responding officer(s) find no evidence of a burglary or attempted burglary.
False emergency medical assistance alarm means an emergency medical assistance notification to the fire department or local ambulance service, when responding personnel finds no evidence of a need for emergency medical assistance.
False fire alarm notification means a fire alarm notification to the fire department when the responding personnel find no evidence of a fire having occurred or of a need for fire department services.
False robbery alarm notification means a robbery alarm notification to the police when the responding officer(s) find no evidence of a robbery.
Fire alarm notification means a notification to the fire department intended to summon units of the fire department which is initiated or triggered manually or mechanically by an alarm system designed to react to any of the visual or physical characteristics of a fire.
Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of the alarm site.
Permit holder means the person designated in the required application.
Person means a natural person, corporation, partnership, association or unit of government.
Robbery means an offense as defined in the Texas Penal Code, chapter 29.
Robbery alarm notification means a notification by means of an alarm system designated to be activated by an intentional act so that police will be notified when a robbery occurs.
B. Permit required.
(1) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the chief of police or his designee. A separate permit is required for each type of alarm system at each alarm site.
(2) Any person owning, possessing, or operating an alarm system on the effective date of this article shall apply for a permit within 180 days after the enforcement date.
(3) Upon receipt of a completed application form, the chief of police or his designee shall issue a permit unless:
(a) The applicant has failed to pay a service fee assessed under this article; or
(b) The applicant has outstanding fines or violations of this article; or
(c) The applicant has had an alarm permit for the alarm site revoked and the violation causing revocation has not been corrected.
(4) Each permit application shall contain the following information:
(a) The name, home address and home telephone number of the person who will be the permit holder and responsible for the proper maintenance and operation of the alarm system and payment of fees and fines assessed under this article.
(b) Classification of the alarm site as residential or commercial.
(c) For each alarm system located at the alarm site, the purpose of the alarm system, that is, burglary, robbery, fire, water flow or medical emergency.
(d) The names, home addresses and telephone numbers of at least two persons in addition to the permit holder, who have key access to the alarm site and who can respond to the alarm site within 30 minutes when notified by the police or fire departments.
(e) The name, address and telephone number of the alarm company that maintains or services each alarm system at the alarm site.
(f) The type of alarm announcer, whether audible or silent, at the alarm site.
(5) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit or renewal, or while making a change thereto, shall be sufficient cause for refusal to grant, or for suspension of a permit.
(6) An alarm permit cannot be transferred to another person. However, the person(s) designated to respond to an alarm may be changed. The permit holder shall inform the chief of police or his designee of any change that alters any information listed on the permit application within two business days. No fee shall be assessed for such changes.
(7) All fees or fines owed by an applicant shall be paid before a permit may be issued or renewed.
(8) Persons operating an alarm system without a permit will be given one written warning, each subsequent violation will be assessed a $250.00 fee per occurrence.
C. Permit fee, duration and renewal. A fee of $10.00 shall be assessed for a permit or the renewal of a permit. A permit is valid for a period of two years from the date of issuance. It is the responsibility of the permit holder to renew the permit prior to expiration.
D. Proper alarm system operation and maintenance.
(1) A permit holder or person in control of an alarm system shall:
(a) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system;
(b) Maintain the alarm system in a manner that will minimize false alarm notifications;
(c) Respond or cause a representative to respond within a reasonable period of time when notified by the chief of police or his designee to repair or inactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises; and
(d) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
(2) A permit holder or person in control of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than ten minutes after being activated.
(3) A permit holder shall display or cause to be displayed street address numbers in a prominent exterior location at both the front and rear of the alarm site. The address number(s) shall not be less than three inches in height and of a color contrasting to its background. Nonresidential alarm sites shall display, in a prominent exterior location, in English, the name of the business at the front of the alarm site.
(4) A permit holder or person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted in order to suppress false indications of force so that the alarm system will not be activated by impulses due to:
(a) Transient pressure changes in water pipes;
(b) Flashes of light;
(c) Wind noise caused by the rattling or vibration of doors or windows;
(d) Vehicle noise adjacent to the alarm site; or
(e) Other forces unrelated to actual emergencies.
E. Manual reset required. A permit holder or person in control of a local alarm or alarm system that causes an alarm notification to be sent directly to the police or fire departments shall adjust the mechanism or cause the mechanism to be adjusted so that, upon activation, the system will not transmit another alarm signal without first being manually reset.
F. Reporting of alarm signals. A permit holder shall not report alarm signals through a relaying intermediary that does not meet the requirements of this article and the rules and regulations promulgated by the chief of police or his designee.
G. Other types of alarms.
(1) A person shall not install or maintain an alarm system except for the purpose of eliciting responses to burglaries, robberies, fires, or requests for emergency medical services, unless specifically authorized by the chief of police or his designee.
(2) If innovations in alarm systems or other types of alarm devices adversely affect emergency services of the city, the chief of police or his designee may promulgate rules and regulations in order to protect the emergency services of the city.
H. Indirect alarm reporting. A person who is engaged in the business of relaying alarms to the police or fire department shall:
(1) Send notification of an alarm to the police or fire department by a human operator only;
(2) Send alarm notifications to the police or fire departments in a manner and form determined by the chief of police or his designee; and
(3) Send alarm notifications only on special trunk lines designated by the chief of police or his designee.
I. Automatic dialing prohibited. No permit holder and no person shall operate or cause to be operated any automatic dialing service which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police or fire department communications center and then transmit any prerecorded message or signal.
J. Protection of financial institutions.
(1) A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C., section 1882) may install, with the permission of the chief of police or his designee, a signal line directly to the police department for the purpose of reporting burglaries and robberies. If such an arrangement is made, all other requirements of this chapter must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications center of the police department. The installation must be accomplished at the institution's expense.
(2) The financial institution shall pay an annual fee of $50.00 for each indicator. The chief of police or his designee, shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements.
If the chief of police or his designee finds that the alarm system continually fails to operate properly or be operated properly, the chief of police or his designee may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment at the expense of the financial institution.
(3) The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the chief of police or his designee on a 24-hour basis, seven days a week. In no event may the city become liable for charges for repairs and maintenance.
(4) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief of police or his designee and, at its own expense, remove its equipment and indicators from the monitor panel in the communications center.
(5) The chief of police or his designee may require any change, modernization, or consolidation of alarm signaling equipment that the chief of police or his designee deems advisable. In no event may the city become liable for charges for these changes.
(6) Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm reporting service using a special trunkline designated by the chief of police or his designee.
K. Alarm systems in apartment complexes.
(1) A tenant of an apartment complex shall obtain an alarm permit from the chief of police or his designee before operating or causing the operation of an alarm system in the tenant's residential unit.
(2) The owner or property manager of an apartment complex in which an alarm system is installed in one or more individual residential units shall obtain a master alarm permit from the chief of police or his designee.
(3) For purposes of assessing service fees and enforcing this article against an individual residential unit of an apartment complex:
(a) The tenant is responsible for payment of all service fees for any false alarm notification emitted from the alarm system in the tenant's residential unit; and
(b) The master alarm permit holder is responsible for payment of all service fees for any false alarm notification emitted from an alarm system in any unoccupied residential unit in the apartment complex.
(4) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas.
L. System performance reviews. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation to suppress false alarms, the chief of police or his designee may require a conference to review the circumstances of each false alarm with the alarm permit holder and the alarm company under contract with the alarm permit holder. A persons alarm permit may be suspended for failing to attend a system performance review if they fail to appear after receiving two separate requests attend the conference.
M. Inspection.
(1) Upon reasonable notification, the chief of police, fire chief or fire marshal or their designated representative may inspect an alarm site and alarm system of a permit holder.
(2) An inspection does not constitute a warranty or representation that a system will work, is appropriate, or will otherwise ensure safety.
N. Alarm system operating instructions. A permit holder or person in control of an alarm system shall maintain at each alarm site, a complete set of written operating instructions for each alarm system. Special codes, combinations or passwords shall not be included in these instructions. These instructions shall be available during an inspection of the alarm site.
O. Service fees—New installations—Exemptions.
(1) If, within any 12-month period, five false burglar alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $25.00 for the 6th occurrence, $50.00 for the 7th occurrence and $100.00 + suspension of the permit on the 8th occurrence within a 12-month period.
(2) If, within any 12-month period, two false fire alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the third false notification within the same 12-month period.
(3) If, within any 12-month period, two false robbery alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the third false notification within the same 12-month period.
(4) If, within any 12-month period, five false emergency medical assistance alarms are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the sixth false notification within the same 12-month period.
(5) If a person notifies the chief of police or his designee and applies for an alarm permit before the installation of a new alarm system, no service fee shall be assessed during the first 180 days after the installation, and alarm notifications during that period will not be counted in determining when a service fee will be assessed, providing the permit holder has met the requirements of this article.
(6) If the responding police or fire department personnel determine that the alarm notification was caused by:
(a) A natural or man-made catastrophe;
(b) Severe weather that causes physical damage to the alarm system or alarm site;
(c) Telephone line outage; or
(d) A criminal offense;
a service fee will not be assessed. The determination of the chief of police or his designee in classifying an alarm notification as false or actual is final.
(7) A permit holder shall pay a fee assessed under this section within 60 days after receipt of notice that it has been assessed.
(8) Alarm systems operated by the police department or the City of Sachse shall be exempt from the provisions of this article.
P. Suspension of permit—Offense to operate.
(1) The chief of police or his designee may suspend an alarm permit if is determined that there is a false statement of a material matter in the application for a permit.
(2) The chief of police or his designee may suspend or refuse to renew an alarm permit for any violation of this article.
(3) The chief of police or his designee may suspend or refuse to renew an alarm permit if an alarm system generates an excessive number of false alarm notifications in a 12-month period. In each respective category, an excessive number shall be:
(a) Eight false burglary notifications;
(b) Five false robbery alarm notifications;
(c) Eight false emergency medical assistance alarm notifications; and
(d) Five false fire alarm notifications.
(4) See reason for suspension under system performance review.
(5) The chief of police or his designee may suspend or refuse to renew an alarm permit if the permit holder fails to pay any assessed service fees within 60 days from the date of notice that fees had been assessed.
(6) A suspension may be lifted or a permit renewed upon sufficient showing that the conditions which caused the action have been corrected and if the chief of police or his designee determines that the alarm system is likely to be maintained and operated in a responsible manner in accordance with the provisions of this article.
(7) A person commits an offense if he operates an alarm system during a period of suspension or after the chief of police or his designee has refused to renew a permit for the alarm system. A fee of $250.00 will be assessed against the permit holder for each alarm signal received during the suspension period.
Q. Appeal from denial or suspension of permit.
(1) If the chief of police or his designee 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 the action and a statement of the right to appeal. The applicant or permit holder may appeal the decision of the chief of police or his designee to the city manager or designee by filing a written response for a hearing, setting forth the reasons for the appeal, within ten days after the receipt of the notice from the chief of police or his designee. The filing of a request for an appeal hearing with the city manager or designee stays an action of the chief of police or his designee in suspending a permit until the city manager or designee makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police or his designee is final.
(2) The city manager or his designee shall serve as hearing officer at appeal hearings 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 a decision based on a preponderance of the evidence presented at the hearing. The hearing officer shall render a decision within 30 days after the request for an appeal hearing is filed. The hearing officer may affirm, reverse or modify the action of the chief of police or his designee, and that decision is final.
R. Alarm dispatch records.
(1) The police or fire department personnel responding to a dispatch resulting from a burglary, robbery, fire or emergency medical assistance alarm notification shall record such information as necessary to permit the chief of police or his designee to maintain records, including, but not limited to, the following information:
(a) Exact address of alarm site;
(b) Dispatch time and date;
(c) Event or incident number;
(d) Permit number;
(e) Primary responding unit and officer;
(f) Apparent cause for alarm; and the
(g) Name of representative of the permit holder on premises, if any.
(2) The responding police or fire personnel shall leave notice at the alarm site that the police department has responded to a false alarm notification.
(Ord. No. 1554, 2-16-98)