Ord 86-2006 11/7/2006 .
ORDINANCE NO. '
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT
CHAPTER 42, EMERGENCY SERVICES, ARTICLE III, ALARM
SYSTEMS; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, the Police Department responds to a high number of burglar alarms
every year that are not valid; and,
WHEREAS, non-valid alarms increases the cali volume and time spent on a
dangerous, unnecessary activity for police patrol officers; and,
WHEREAS, the existing ordinance needs to change to mirror changes to
V.T.C.A. Local Government Code § 214;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 42, Emergency Services, of the Wichita Falls Code of
Ordinances is hereby amended by adding the following underlined text and deleting the
strikethrough text:
"ARTICLE III. ALARM SYSTEMS
DIVISION 1. GENERALLY
Sec. 42-146. Definitions.
The folfowing words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm notifiication means a notification intended to summon the police or fire
department, which is designed either to be initiated purposely by a person or by an
alarm system that responds to a stimulus characteristic of unauthorized intrusion or fire.
Alarm site means a single premises or location (one street address, area or
subarea) served by an alarm system that is 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 sumrrzon police or fire
services of the city, including but not limited to local alarms.
Burglar alarm means an alarm system as defined in this section, but does not
include an alarm:
(1) Installed on a vehicle unless the vehicle is permanently located at a
site; or
(2) Designed to alert only the inhabitants of a premises which does not
have a local alarm.
Chief ineans the fire chief or his authorized representative in matters under this
article pertaining to fires. In all other cases, the term "chief' means the chief of police or
his authorized representative.
False alarm notification means an alarm notification to the police or fire
department, when the responding officer or fire department personnel finds no evidence
of an attempted criminal offense or criminal offense or fire.
Local alarm means an alarm system that emits a signal at an alarm site that is
audible or visible from the exterior of a structure.
Permit holder means the person designated in the application as required in
subsection 42-182(1) who is ultimately responsible for responding to alarms and giving
access to the site and who is also responsible for proper maintenance and operation of
the alarm system and payment of fees.
Sec. 42-147. Violations and penalties.
(a) A person commits an offense if he negligently violates by commission or �
omission any section of this article that imposes upon him a duty or responsibility.
(b) A person who violates a section of this article is guilty of a separate
offense for each day or portion of a day during which the violation is committed,
continued or permitted, and each offense is punishable by a fine of not more than
$�-98-9A 500.00 but not less than $50.00 upon first conviction and not less than
$�5-9A 100.00 upon second and subsequent convictions.
(c) In addition to prohibiting or requiring certain conduct of individuals, it is the
intent of this article to hold a corporation, partnership or other association criminally
responsible for acts or omissions performed by an agent acting in behalf of the
corporation, partnership or other association, and within the scope of his employment.
Sec. 42-148. Proper operation and maintenance.
(a) A permit holder in control of an alarm system shall:
(1) Maintain premises containing an alarm system in a manner
that ensures proper operation of the alarm system.
(2) Maintain the alarm system in a manner that will minimize
false alarm notifications.
(3) Respond or cause a representative to respond within a
reasonable period of time when notified by the city to repair
or inactivate a malfunctioning alarm system, to provide
access to the premises, or to provide security for the
premises.
(4) Not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended
to report.
(b) A person in control of a local alarm shall adjust the mechanism or cause
the alarm signal to sound for no longer than 15 minutes after being activated.
Sec. 42-149. Reporting of alarm signals.
A permit holder in control of an alarm system shall not allow alarm signals to be
reported through a relaying intermediary that does not comply with the requirements of
this article and any rules and regulations promulgated by the chief.
Sec. 42-150. Indirect alarm reporting.
An intermediary who is engaged in the business of relaying alarm notifications to
the city shall:
{� �communicate alarm notifications to the city in a manner and form
determined by the chief.
Sec. 42-151. Dial alarm devices using prerecorded voice messages.
No person shall use or cause or permit to be used any alarm device which
automatically selects a telephone trunk line of the police or fire department and then
reproduces any prerecorded voice messages to report any robbery, burglary, fire or
other emergency.
Sec. 42-152. Operating instructions.
A person in control of an alarm system shall maintain at each alarm site a
complete set of written operating instructions for each alarm system. For a fire alarm
system, such instructions shall be posted at the alarm panel at the alarm site. Special
codes, combinations or passwords must not be included in these instructions.
Sec. 42-153. Alarm dispatch records.
(a) The police officer or fire department representative responding to an alarm
call resulting from an attempted criminal offense, criminal offense, or fire or a false
alarm notification shall record such information as necessary to permit the chief to
maintain records, including but not limited to the following information:
(1) Identification of the permit holder.
(2) Identification of the alarm site.
(3) Arrival time and dispatch received time.
(4) Time of day and date.
(65) Area and sub area.
(�6) Name of permit holder's representative on premises, if any.
(b) The responding police officer shall indicate on the dispatch record whether
the notification was caused by a criminal offense or fire or whether the notification was
the result of a false alarm.
Sec. 42-154. 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 and suppresses false alarms, the chief may
require a conference with an alarm permit holder and the individual or association
responsible for maintenance of the alarm system to review circumstances of each false
alarm.
Sec. 42-155. Service fee.
(a) The holder of an alarm permit shall pay a service fee .
in ovno�� �f �hroc cmi�oiJ frnm �n �I�rm oi+o ��ii�hin o r�ormi� .,ar,,,,�_ for the si_qnafinq of
a false alarm bv a burqlar alarm as follows:
�1) $50.00, if the location has more than three but fewer than six false
alarms in the precedinq 12-month period.
�2) $75.00, if the location has more than five but fewer than eiqht false
alarms in the preceding 12-month period.
(3) $100.00, if the location had eight or more false alarms in the
preceding 12-month period.
(b) If the responding police officer or fire department official determines that
an alarm notification was caused by an attempted criminal offense, criminal offense, or
fire, no service fee will be assessed for that notification.
Secs. 42-156--42-180. Reserved.
DIVISION 2. PERMIT
Sec. 42-181. Required.
A person commits an offense if he operates or causes to be operated an alarm system
without an alarm permit issued by the chief. A separate permit is required for each alarm site.
Sec. 42-182. Contents of application.
Each application for an alarm permit must contain the following information:
(1) Name, address and telephone number of the person who will be the permit
holder and be responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed under this article.
(2) Classification of the alarm site as either residential or commercial.
(3) For each alarm system located at the alarm site, the purpose of the alarm
system; i.e., burglary, robbery, personal hostage, or fire.
Sec. 42-183. Payment of fees prior to issuance or renewal.
All fees owed by an applicant for an alarm permit must be paid before a permit may be
issued or renewed.
Sec. 42-184. Issuance.
Upon receipt of a properly completed application form for an alarm permit and a permit
fee for $25.00 for commercial permits and $10.00 for residential permits, the chief shall issue an
alarm permit to an applicant, unless the applicant has failed to pay a service fee assessed
under section 42-155 or has had an alarm permit for the alarm site revoked, and the violation
causing the revocation has not been corrected.
Sec. 42-185. Grounds for denial.
Any false statement of a material matter made by an applicant for the purpose of
obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
Sec. 42-186. Duration and renewal.
An alarm permit is issued for one sa�e���year ^r ^��+ +horonf from the date of
issuance and must be renewed every year upon submission of an updated application and a
renewal fee of $5.00. It is the responsibility of the permit holder to submit an application prior to
the permit expiration date. ��e�fs�e�se-s�#���� °v4onrJ� I'lonomhor �� „f e.,,.� .,. I
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Sec. 42-187. Transferability; notice of change in information.
(a) An alarm permit cannot be transferred to another person.
(b) A permit holder shall inform the chief of any change that alters any information
listed on the permit application within three business days. No fee will be
assessed for such changes.
. `
Sec. 42-188. Revocation.
(a) A chief shall revoke an alarm permit if he determines that:
(1) There is a false statement of a material matter in the application for a
perm it;
(2) The permit holder has violated section 42-148, 42-149, 42-150, 42-151,
or 42-152, 42-154; or
(3) The permit holder has failed to make +'�full payment of all false alarm
service fees assessed under section 42-155 within thirtv davs from the
date the Chief notified the permit holder in writinq of the false alarm
service fee
(b) A person commits an offense if he operates an alarm system during the period in
which his alarm permit is revoked.
Sec. 42-189. Appeal from denial or revocation of permit or false alarm
determination.
(a) If a chief refuses to issue or renew an alarm permit or revokes a permit, he shall
send to the applicant or permit holder by certified mail, return receipt requested, written notice of
his action and a statement of the right to an appeal. However, notification by certified mail is not
required for a false alarm determination, and regular mailing shall be sufficient. The applicant or
permit holder may appeal the decision of the chief to the city manager or his desiqnee by filing �
with the city manager a written request for a hearing, setting forth reasons for the appeal, within
ten days after receipt of the notice from the chief. The city shall continue to respond to alarms
pending a hearing on the appeal. The filing of a request for an appeal hearing with the city
manager stays an action of a chief in revoking a permit until the city manager makes a final
decision. If a request for an appeal hearing is not made within the ten-day period, the action of a
chief is final.
(b) The city manager or his desiqnee shall serve as hearing officer at an appeal and I
shall consider evidence by any interested person. The formal rules of evidence do not apply at
an appeal hearing. The hearing officer shall make his decision on the basis of a preponderance
of the evidence presented at the hearing. The hearing officer must render a decision within 15
days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or
modify the action of the chief. The decision of the hearing officer is final as to administrative
remedies with the city.
in con�inn A7_'I A7
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 7 day of November, 2006.
M Y R O TE
ATTEST:
' � .
ity Clerk
Affidavit of Publication
THE STATE OF TEXAS #174461
COUNTY OF WICHITA
ORDINA�ICE NO.
ORDYNC8UN6CFLTOF On this 29 day of November 2006 A D...
T A F A L L S T E X A S ; personally appeared before me, the undersigned authority
C O D E D O F O R D IE- Kathy Salan, Sales Assistant for the Times Publishing
N A N C E S A T C H A P- COlYl an of Wichita Falls, ublishers of the Wichita Falls
TER 42, EMERGENCY p y P
S�E ALARM SYSTEMS E Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
November 26, 2006
f - �
Sales Assistant for Times Publishin Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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