HomeMy WebLinkAboutORD 1371 - ORD Relating to Alarm Systems, Containing Rules, Regulations amd Procedures
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ORDINANCE NUMBER 1371
AN ORDINANCE RELATING TO ALARM SYSTEMS; CONTAINING RULES, REGULATIONS
AND PROCEDURES RELATING TO SUCH SYSTEMS; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
SECTION 1. The Code of Ordinances of the City of West University
Place, Texas is hereby amended by adding a new Article XII in Chapter 6
(Sections 6-371 et seq.), which new article shall read in its entirety
as follows:
ARTICLE XII
ALARM SYSTEMS
Sec. 6-371. Definitions. In this article, the terms set out below
shall have the meanings indicated below.
Alarm Site. The specific property or area of the premises upon
or within which an alarm system is or will be installed.
Alarm System. Any device used to detect or prevent burglary,
theft, sh0plifti.ng,.pilferage, fire, smoke or other, such emergency
situations, which, when activated, causes notification to be made
directly or indirectly to the Police Department; or any device or
system designed primarily for theipurpose of giving an audible or
visual signal of a possible fire or an attempted burglary, theftt
shoplifting, pilferage or other such emergency. However, the following
are excluded from this definition:
(A) An alarm installed on a motor vehicle; and
(B) An alarm installed upon premises controlled by the United
States Government, the State of Texas, or any agency or political
subdivision of either.
In any proceeding to enforce this Article because an alarm system is
unlicensed or unlawful, it shall be an affirmative defense to
prosecution that all of the following circumstances are present: (i)
The alarm in question is designed and operated so that no notification
would be given to the police or to the public (either directly or
indirectly) until after the occupant or an agent of the occupant has
checked the alarm site and determined that there.is: physical evidence
or other proof at the site showing that the alarm is the result of
criminal activity or an emergency of the kind for which the alarm
system is designed to give notice, and (ii) a person who is able to
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Ordinance Number 1371'
grant access to the alarm site would remain at such site until police
arrive whenever the police are notified.
Alarm System Business. Any 'person who installs, services or
responds to alarm systems for remuneration.
Automatic Dialtnq Device. Ariy device connected to an alarm
system which automatically sends a prerecorded message or coded signal
to a predetermined location, indicating the activation of the alarm
system.
Buralar Alarm. Any device intended to prevent or detect an
unauthorized entry or attempted unauthorized entry into the alarm site.
Central Station. That part of an alarm system business which
receives signals indicating the activation of an alarm device and which
relays this information by live voice to the Police Department.
Chief Of Police. The chief of police of the city or the chief's
designee.
False Alarm. Any alarm which was not the result of an emergency
or threat of emergency of the kind for which the alarm system was
designed to give notice.
Hold-up Alarm. Any device activated by human action as a result
of robbery or attempted robbery at the alarm site.
In-Station Alarm. Any alarm device that is installed in the
communication office of the Police Department under the provisions of
this Code and in accordance with the requirements as herein provided.
Local Alarm. Any alarm emitting audible and/or visual signals
in, at or on the alarm site when activated and which causes
notification to be made directly or indirectly to the Police Department.
Permit. A permit under this Article issued by the Chief of
Police.
Permit Holder. The person to whom an alarm system permit is
issued.
Telephone Answerina Service. Any business, other than an alarm
system business, which intercepts signals indicating the activation of
an alarm system and which relays this information by live voice to the
Police Department.
Fifteen 15 Minute Shut-Off. An automatic device associated
with a local a arm which automatically causes the alarm to shut off and
discontinue the emission of an audible signal after a period of time
not to exceed fifteen (15) minutes of continuous operation.
Sec. 6-372. Permit required~
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Ordinance Number 1371
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(a) It shall be unlawful for any person to operate, cause to be
operated or permit the operation of an alarm system unless: (i) a
permit "for such system has been duly issued to a person who is, ,at all
times when the system is operated, in c:.ontrol of the alarm site, and
(ii) the permit is in full force and effect. Provided, however, this
Section does not apply to an alarm system business which monitors or
services an alarm system installed and designed to protect property
under the control of a person other than the alarm system business; but
the person in control of the property which the alarm system is
designed to protect shall be subject to prosecution if he violates this
section.
(b) The person in control of the property may obtain a separate
permit for each alarm system or may obtain a single permit for all
alarm systems at the same premises under the control of the applicant,
except that hold-up alarms may not be combined with any other alarm
under one permit.
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Sec~ 6-373. Permit application.
Application fora permit for the operation of an alarm system
shall be made by a person having control over the alarm site. Such
application shall be made in writing to the Chief of .Police on a form
designated by the City for that purpose. On such application, the
applicant shall set forth:
(A) The name, address and telephone number of each person in
control of the property;
(B) The street address of the property on which the alarm system
is to be installed and operated;
(C) " Any business name used for the premises on which the alarm
system is to be installed~ and operated; : i
(D) Whether the alarm system or systems are or are not local
alarms and whether the alarm system or systems are designed to give
notice of a burglary, hold-up or other type of emergency;
(E) The name of the person or alarm system business who will
install the alarm system;' '
(F) The names and telephon~ numbers of two (2) persons who are
able to and have agreed to: '
(;) receive notification' at any time;
(i;) come to the alarm site within one-half (1/2 ) hour
after receiving a request to do so from the Building Official
or a member' of his staff or from a member of the Pol ice
Department; and
(iii) grant access to the alarm site a.nd deactivate
the alarm system- if such becomes necessary;
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or:the name and telephone number of an ,alarm system business which is
able to and has agreed to receive .calls at any time and to give the
Building Offic.ial and/or th~ Poli.ce Department the names of persons
listed 'with that company, asset out below, if:
(x) the permit holder has given the alarm system business the
names and telephone numbers of two (2) persons who are able
to and have agreed to receive notification at any time, to
come to the alarm site within one-half (1/2) hour after
receiving a request to do so from the Building Official or a
member of his staff or from a member of the Police '.
Department, and to grant access to the alarm site and to
deactivate the alarm system if neces~ary;
(y) whenever a person listed with the alarm system business
pursuant to (x) above is unwilling or unable to perform the
duties set out, the permit holder has given .the alarm system
business the name and the telephone number of another person
who is able and willing .to perform such duti~s are l.isted
with the alarm system business at all times; and
the permit holder has authorized the alarm system business to
provide the names listed with that business pursuant to (x)
and (y) above to the Building Official and the Police ..
Department whenever that Official and/or Department requests
that information in order to obtain assistance after an alarm
has been activated~
(z)
Such application shall be subscribed to by the person making
application for the permit.
Any application for a permit must demonstrate compliance with all
provisions of this Code; and in addition to the permit herein required,
an applicant must obtain all additional permits required under the
Code. All applicable fees must be paid.
The Chief of Police shall issue a permit in accordance with the
same standards and procedures as are~set out elsewhere in this Chapter
for building permits, and for this purpose, the Chief of Police, with
respect to alarm permits, shall be subject to the same procedures and
standards as is the Building Official with. respect to building_permits.
The City shall treat all information on such applications as
confidential information, subject to the limitations of the open
records laws; provided, however, nothing in this Chapter shall prohibit
the use of such information for legitimate purposes relating, to the
health, safety and well-being of the community and for enforcement of
the terms and provisions of this Chapter.
Sec. 6-374. Notification; duty of permit holder.
Whenever a person listed on the application or listed on an
amendment to the application is unable or unwilling to perform the
duties as set out herei n, the permit holder sha 11 fil e an amendment to
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the permit application lisUngaperson or company who is able and
wi 11 ing to perform those duties so that at all times the appl i cati on on
file with the city designat~s at least two (2) persons or an alarm
system business who are able and willing to perform such duties.
Sec. 6-375. Permit required for existing alarm system.
No person shall operate or shall permit the operation of an alarm
system which was installed prior to the effective date of this article
unles.s a permit for such alarm system is obtained within one hundred
and eighty (180) days after the effective date of this article. To
obtain such a permit, the person in control of the alarm site shall
file an application therefor pursuant to th1s article and pay the
permit fee. ' Provided, however, this Section shall not be applicable to
an alarm system business which monitors, services, or monitors and
services, an alarm system installed and designed to protect property
under the control of a person other than the alarm system business; but
the person in control of the property which the alarm system is
des i gned to protect shall be in vi 01 ati on of this Code if he permits
the operation of such system without a valid permit.
Sec. 6-376. New permit required upon transfer of property.
Each alarm permit shall terminate whenever control of the property
is transferred from the permit holder to someone else. Upon such
transfer of control of the property, a new permit must be obtained.
Sec. 6-377. Fee schedule.
TheCity',s fee schedule shal'l apply to all fees and activities
required or contemplated by this 'Article.
Sec. 6-378. Permit not transferrable.
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Each permit issued pursuant to this Chapter shall be personal to
the permit holder and is not transferrable.
Sec. 6-379. Production of permit for inspection.
The permit holder for an alarm system sha 11 keep such permi t at
the a 1 afrm s ite.and shall produce. such permit for inspection upon the
request of any member of the Police Department or member of the
Building Official's staf,f.'
Sec. 6-380. Duties of permit holder generally.
Each permit holder and each :pers:on in contra 1 of the property on
which an alarm system is installed shall:,
(a) Ensure that any person listed with the Building Official or
the Police Department for the purpose of',nottfi cati on pursuant.to the
provisions of this Chapter is able to:
(i) receive notification at any time;
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Ordinance Number 1371'
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: (it) come to the alarm site within' one-half (1/2) hour
after receiving a request to do So from the Building
Official or a member of his staff or from a member of
the Police Dep~rtment; and
(iii) grant access to the alarm site and to deactivate
the alarm system if such becomes necessary;
(b) Train all persons who may activate the alarm system in the
proper operation of the alarm system.
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Sec. 6-381. Duty to repair or deactivate system.
Each person in control _of an.alarm site shall ensure that the
alarm system is repaired within seventy-two (72) hours of receipt of
written notification that such system'ismalfunctioning, if such notice
is given by the Chief of Police. ,
The person in control of the alarm site may cause such system to
be deactivated rather than repaired if he so desires. If he does
deactivate such system rather than causing it to be repaired, such
system shall not be reactivated until it has been repaired.
Sec. 6-382. Duty to provide access to alarm site.
Any person who is notified by the-Building Official or any member 'j
of his staff or by any member of the Police Department of the
activation of an alarm system and who is able to give access tO,the
alarm site shall come to the alarm site within one-half (1/2) hour of
the time such person is notified of such activation and shall provide
the Building Official, or his staff, or the Police Department ~ny
necessary access or assistance, to the extent reasonable and practical.
Sec. 6-383. Alarm system requirements.
No person shall install, 'cause to be installed or permit to be
installed any alarm system unless the requirements of this Section are
met.
(a) Any alarm system which may be activated as a result of more
than one type of emergency situation shall give a unique signal to
designate activation as a result of: a hold-up, a burglary, a fire or
any other different type of emergency situation so that the proper
notification and proper response can be made.
(b) Any local alarm system shall have a fifteen (15) minute
shut-off and must not make a sound similar to that of a siren or any
emergency vehicle or similar to a Civil Defense warning system.
. (c) No Hold-up alarm shall include a money clip, pressure pad or J
similar device which can cause activation inadvertently; and any
hold-up alarm shall be designed so that it may be activated only by
intentional and deliberate human action.
Ordinance Number 1371
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(d) No local alarm shall be activated by a hold-up alarm.
(e) No person sha 11 use or permi t the use of any telephone devi ce
or telephone attachment which automaticaJly selects any 'telephone line
leading into the communication center of the Police Department or any
number leading into the offices of the City and then transmits any
prerecorded message or signal, except as may be approved ,for an
In-Station 'Alarm.
(f) No person sha l' use or permit the use of any system whi ch
gives notification of the activation of an alarm system directly to the
Police Department by any means other than live human voice, except as
may be approved for an In-Station,Alarm.
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(g) The Chief of Police may set reasonable standards and
procedures which shall be followed by any alarm system business or
telephone answering service when giving notice to the Police Department
of activation of an alarm system. Such standards and procedures shall
be set out i,n writing and made available to any alarm system business
or telephone:answering service requesting same.
Sec. 6-384. ReQistrationof alarmsvstembusiness reQuired~
Prior to doing business within the city, an alarm system business
shall register with the PoHce Department on a form designated by the
City for that purpose. On;such form, the:business shall.set forth:
(a) The fuH name and'addressofthe alarm system business;
(b) The full name, business address and home address of the
manager who is so licensed by the State of Texas;
(c) A telephone ' number: at which:the:Building Official: or the
Police Department can notify personnel,ofthebusiness:of a need for
assistance at any time.
An alarm system business doing, business in the City upon the effective
date of' this article shall have th'irty' (30) days to register with the
Police Department as required above.
Sec. 6-385.
Each alarm system business shall notify the Chief of Police in
writing of any change in the information provided on the registraiton
form within forty-eight (48) hours after such change' occurs.
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Sec. 6-386. Report of alarm system installation required.
Any a'larm system business which installs an alarm sys'tem within
the City shall provide the Police Department the following information
on a form designated by the City:
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(a) The address where such :systemi sinstaB ed;
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Ordinance Number 1371'
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(c) The type of alarm system.
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(b) . The name and address 'of the person havi ng control over the
property;
Such form shall be submitted Police Department not earl ier than twenty
(20) days prior to the installation.of such system and not later than
forty-eight (48) hours after such system is installed. The Police
Department shall protect such information as confidential information,
~ubject to ~he open records laws, and its ~se shall be restricted to
legitimate law enforcement purposes and to enforcement of this Chapter.
Sec. 6-387. Service/repair duties of ,alarm system business.
Whenever an alarm system business agrees with any person to .
maintain or service any alarm system, ,such business shall:
(a) Ensure that personnel nf such business who are able to rend~r
effective assistance arrive at such alarm site within one-half (1/2)
hour of a request for assistance by the Building Offi.cial or a member
of his staff or by a member of the Police Department if such alarm
system business has agreed with any person to respond to such alarm
system;
(b). Ensure that sufficient personnel of such business are
available to provide service and to repair any alarm system such J
business has agreed to maintain or service within seventy-two (72)
hours after notification that such system is in need of repair is
received from any person in control of the property, from the Chief of
Police.
(c) Keep a written record of the date and time of repair and a
description of the specific repair which was performed on any alarm
system when such repair was made in response to notification by the
person in control of the property, by a member of the Police Department
or by the Building Official or any member of his staff, that such alarm
system was in need of repair. Such written records shall be maintained
for at least two (2) years and shall be made available for inspection
and duplication by any member of the Building Official's staff,
designated by the Building Official, or by the Chief of Police, when
such member of the Building Official's staff or the Chief makes demand
at the office of the alarm system business during regular business
hours:
Sec. 6-388. Notification duties of alarm system business/
telephone answering service generally.
Any alarm system business which operates a central station and any
telephone answering service shall:
(a) Have sufficient personnel. trained in the procedures to be
followed in receiving and relaying notice of the activation of any
a 1 arm system, on duty at all times to ensure that emergency messages or
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Ordinance Number 1371
211
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alarm signals received by such business can be relayed immediately to
the Police Department;
(b) Notify the person in control of the property or his '"
designated employee of the activation of the alarm system within
twenty-four (24) hours of the time the 'alarm was activate,d by telephone
or by placing such notice in the mail, addressed to the person in
control of the property;
(c), Keep a written record ,of the -date and time each noti fi cati on
of the activation of an alarm system is received, and the date, time
and method the person in control of the property or his designated
employee was notified. Such wr;.tten rec'ords shall be' maintai'ned for at
least two (2): years and shall be :madeavaila'blefor inspection by 'any
member of the Building Official'sstaff, designated by the Building
Official, or by the Chief of Police, when such member of the Building
Official IS staff or the Chief of Police makes demand at the office of
the alarm system business or telephone answering service during regular
business hours;
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(d) Test or cause to be tested all equipment used by. the central
station or telephone answeringserv;-cerelating to the receipt of '
notifications' of the activation of any alarm system and the equipment
used in relaying those notifications to the Police Department, at least
one (1) time in every calendar year and, where a test result-is'
unsatisfactory, correct or cause to be corrected, within a reasonable
period of time not to exceed.seven (7) days, the cause of the
unsati'sfactory test',result;" ,
(e) Produce evidence of the results of tests conducted pursuant
to subsection (d) above upon request of a member of the Building
Official,ls staff, designated by the Building Official, or by the Chief
of Police; the' requitements'oflthis .subsec,ti'on 'shall'besatisfied if
such results are made available at theicentral station or telephone
answering service on the next regular business day after demand is made;
'(f) Not provide answering services ,for any alarm system business
whi ch is not 1 i censed, by the State 'of Texas.
Sec. 6-389. False alarms.
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It shall be unlawful' for any person to intentionally activate an
alarm system for' any purposeother'.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 sounded solely
for the purpose of testing the alarm and the person who tested the
alarm tbok:'reasonable precautions'to:'avoid any request'be:ing'made, to
the Police Department to respond-to such alarm~ This Section,shall not
apply to conduct which is in violation the Texas Penal Code Section
42.06.
Sec. 6-390. . Applicability of Private Investiqators and Private
Security Agencies Act.
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All persons subject to the prOV1Slons of the Private Investigators U
and Private Security Agencies Act of the State of Texas, Vernon's
Ann.Civ.St. art 4413 (29bb), are required to comply with all
applicable provisions of that Act. '
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Sec. 6-391. Suspension of. ,permit for nonpayment; permit
reinstatement. .
(a) Charges or fees assessed against any person in control of an
alarm site under the ,terms and provisions of this Article shall be paid
on or before the thirtieth day following the date shown on the bill.
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(b) The Chief of Police is authorized to suspend any permit if
the Chief determines thats.uch a .bill for the alarm system in question
remajns unpaid after the sixtienth day shown on the bill. The
suspension must be made by ordernf,the .Chief.of Police and delivered
to the alarm site, and the Chief's decision must be ~ade in accordance
with the procedures governing suspensions of building permits. The
suspension does not take effect until the tenth day following the date
of delivery, and the suspension may be appealed in the same manner as
the suspension of building permits may be appealed. If such an appeal
if filed within the ten-day period, the,suspension,is automatically
stayed until there is a contrary order from the hearing board.
Suspensio,ns may also be stayed in the manner prescribed for building
permits generally.
(c) Upon full payment ,of ,a 11 outstanding fees, a suspended permit
shall be reinstated without further charge to the permit holder.
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Sec. 6-392. Revocation, Suspension.
(a) The Chief of Police.may revoke or suspend a permit under the
same rules, regulations and standards appplicable to building permits.
In addition, the Chief of Police may revoke or suspend a permit for an
alarm system if the Police Department responds to eleven (11) or more
alarm activations within a single calendar year for which the
responding officers find no proof of an emergency of .the tYPe the alarm
was designed to signal, regardless of the reason or cause of such alarm
activations.
(b) All suspension and revocation proceedings shall be governed by
the same rules, standards and procedures prescribed in this Chapter for
building permits, and for this purpose, the Chief of Pol ice shall be
subject to the same rules as the building official, and the same
hearing board which hears appeals from the building official's
decisions on,buildirig permits shall hear appeals from decisions of the
Chief of Police. . However, an appeal timely filed from a revocation or
suspension of an alarm permit shall automatically stay the revocation
or suspension until an order. of the hearing board to the contrary is
issued.
Sec. 6-393. Reinstatement of revoked permit.
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After a permit for an alarm system has been revoked, the person in
control of the property on which the alarm system is located may make
application to the City for reinstatement ,of the permit. In addition
to such customary and usual information as required in any permit
application, any applicant for reinstatement shall also submit to the
City an affidavit of an alarm inspector employed by an alarm system
business which.is registeredowith;theCity under the terms and
provisions of this Article. Such affidavit shall certify that the
alarm system for which permit reinstatement is sought is mechanically
sound and free of defects which tend to produce false alarms. Upon
receipt of such application and 'affidavit, the City shall reinstate
such alarm permit upon deposit by the applicant with the City of the
sum of One Thousand Dollars ($1,000.00). Such deposit shall be held by
the City for a period of one (l)full'calendar year following the date
of reinstatement, at the erid of whichtillle; if the sllbje'ct alarm has
produced five (5 Y or fewer false alarms during s1Jch calendar year, the
deposit shall be returned to the permit holder. However, if the event
of more than five (5) alarms during such period, any fees and charges
assessed under the terms and provisions of this Article may be charged
against such deposit, and the balanc~ of such deposit will not be
returned to . the permit holderuntN further revocation of the permit or
until the completion of one (1) calendar year in which five (5) of
fewer false .alarms occur, whichever shall occur first.
Sec. 6-394. Installation in the communication office.
The City may perimit,the dnstallationof In-Station Alarms in the
communication office of the Police Department, which alarms shall be
maintained and serviced by an appropriately licensed company. The
Ghiefof Police is authorized:,toiallow sue,h:i-nstallationof,such alarms
within those classes, if any, authorized'by the City Council,by.
motion, resolution or ordinance. Such use is hereby authorized for
alarm systems serving banks and financial, institutions in the city.
Sec. 6-395. City not liable.
At no time shall the City (or any-officer, agent or employee of
the City) assume any responsibility or liability;arising..out of or
relating to In-Station Alarms or indications that may appear thereon,
or for the payment of any fees, costs and expenses. The City shall
neither receive nor accept any compensation:0r fees relating to
In-Station Alarms, unless specifically'authorized in the: city.s
standard fee schedule.
Sec. 6~396. Administrative regulations.
,TheChiefof Policeshall1adopt!administrative regulations and
documents for the use, control and maintenance of In~Station,Alarms, if
authorized.
SECTION 2. The city's standard fee schedule is hereby amended to
include the following fees:
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Permit.fee
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Fees. for chargeable activations
First three chargeable activations in any calendar year"per
al arm sys tem $0
Fourth through t.enth chargeable
activations in any calenda~ year~
per alarm system $50 each,
Eleventh and each subsequent
.chargeable activation in any calendar year,
per alarm system $100 each
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A Uchargeable activation", is any activation of an alarlJ]. .
system that results in notification being given, directly or
indirectly, to the Police Department, if there is no physical
evidence or other proof;showing that the activation was ~he
result of an emer.gencyof the kind for which the alarm system
is designed to signal.
The permit holder is responsible for paying all fees which accrue 0
for the alarm systems covered by.hi.s permit.
SECTION 3. All ordinances and parts of ordinances in conflict
herewith are_hereby repealed to the extent of the conflict only.
SECTION 4.. If any word,.phrase,.clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever,be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence,par~graph, section or other part ,of this ordinance to any
other persons or circumstances shall not be affected ther~by.,
, ,
SECTION 5. The City Council officially finds, determi.nes and
declares that a sufficient written ,notice Of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV., STAT. ,ANN. art~ 6252-17" as amended,
and that each such meeting has been open to'the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
SECTION 6. This ordinance takes effect on the tenth day following
its publication, as required by Section 2.12 of the City Charter.
iJ
Ordinance Number 1371
PASSED AND APPROVED ON FIRST READING this the 14th day of
May , 1990.
Voting Aye:
Voting No:
Absent:
Mayor Higley. Coundlmembers Bell, Watson
Councilmember Jenkins:
Councilmember Redeker
PASSED AND APPROVED ON, SECOND .READINGthts the 29th day of
May , 1990.
Voting ,Aye:
Voting No:
Absent:
I~
'---'
ATTEST:
Audrey Nichols
City Secretary
(SEAL)
[
Mayor Hig'l ey" Councilmembers Be 11, Jenkins',
Redeke,r, Watson'
. None
None
Signed:
Laura C.Higley,Mayor
Approved as to Rorm:
James L. Dougherty, Jr.
City Attorney
, I
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215