Loading...
Ord 9-85 1/15/1985 • ORDINANCE NO. 9-85 ORDINANCE ENTITLED "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES" : PROVIDING DEFINITIONS; REQUIRING A PERMIT OF ALARM SYSTEM USERS ; PROVIDING SERVICE FEES FOR ALARM NOTIFICATIONS; PROVIDING FOR REVO- CATION OF PERMIT; REGULATING ALARM REPORTING AND OPERATION; PROHIBITING DIAL ALARM DEVICES USING TELEPHONE SWITCHBOARD FOR PRERECORDING VOICE MESSAGES ; PROVIDING FOR PROTECTION OF FINANCIAL INSTITUTIONS; PROVIDING A PENALTY NOT TO EXCEED $200; PROVIDING90.DAYS AFTER PASSAGE AS THE EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS , THAT: A chapter entitled "Emergency Reporting Equipment and Procedures" is hereby adopted to be included in the Code of Ordinances of the City of Wichita Falls, Texas , and shall read as follows: "Emergency Reporting Equipment and Procedures Sec. 1. Definitions. Sec. 2. Permit Required; Application; Transferability; False Statements. Sec. 3 . Permit Duration and Renewal. Sec. 4. Proper Alarm System Operation and Maintenance. Sec. 5. Reporting of Alarm Signals. Sec. 6 . Indirect Alarm Reporting. Sec. 7 . Prohibition of dial alarm devices using telephone switchboard for prerecording voice messages. Sec. 8 . Alarm System Operating Instructions. Sec. 9. Alarm Dispatch Records. Sec. 10. System Performance Reviews. Sec. 11. Service Fee. Sec. 12 . Revocation of Alarm Permit. Sec. 13 . Appeal from Denial or Revocation of a Permit. Sec. 14. Protection of Financial Institutions. Sec. 15. Violations ; Corporations; Partnerships and Associations. Sec. 16 . Implementation of Chapter; Review. SECTION 1. Definitions. In this chapter: (1) Alarm System means a device or system that emits, trans- mits, or relays a signal intended to summon, or that would reasonably be expected to summon, police or fire services of the City, including, but not limited to, local alarms. Alarm system does not include: (a) an alarm installed on a vehicle unless the vehicle is permanently located at a site; or (b) an alarm designed to alert only the inhabitants of a premises which does not have a local alarm. (2) Alarm Notification 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. (3) Alarm Site means a single premises or location (one street address, area or subarea) served by an alarm system or systems that are under the control of one owner. (4) Chief means the Fire Chief or his authorized representa- tive in matters under this ordinance pertaining to fires. In all other cases hereunder, Chief means the Chief of Police or his authorized representative. (5) 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 . (6) 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. (7) Permit Holder means the person designated in the applica- tion as required in Subsection 2 (c) (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 . (8) Person means an individual, corporation, partnership, association, organization, or similar entity. - 2 (9) Special Trunkline means a telephone line leading into the communications center of the police or fire department that is for the primary purpose of receiving emergency messages that originate from automatic protection devices and are transmitted directly or through an intermediary. SECTION 2 . Permit Required; Application; Transferability; False Statements. (a) 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. (b) Upon receipt of a properly completed application form, 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 12 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. (c) Each permit application 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 chapter; (2) classification of the alarm site as either resi- dential 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. (4) other information required by the chief which is necessary for the enforcement of this chapter . (d) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for revocation or refusal to issue a permit. (e) An alarm permit cannot be transferred to another person. A permit holder shall inform the chief of any change that alters any information listed on the permit application within three (3) business days. No fee will be assessed for such changes. - 3 • (f) All fees owed by an applicant must be paid before a permit may be issued or renewed. SECTION 3 . Permit Duration and Renewal. A permit is issued for one calendar year or part thereof and must be renewed every year upon submission of an updated applica- tion and a $5.00 renewal fee. It is the responsibility of the permit holder to submit an application prior to the permit expiration date. No license shall extend beyond December 31 of each year. SECTION 4 . Proper Alarm System 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 insures 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 fifteen (15) minutes after being activated. SECTION 5. 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 chapter and any rules and regulations promulgated by the chief. SECTION 6 . Indirect Alarm Reporting. (a) An intermediary who is engaged in the business of relaying alarm notifications to the city shall : - 4 - (1) report alarms only over special trunklines designated by the chief; (2) communicate alarm notifications to the city in a manner and form determined by the chief; (3) be licensed by the Texas Board of Private Inves- tigators and Private Security Agencies. SECTION 7 . Dial Alarm Devices Using Telephone Switchboard for Prerecording Voice Messages Prohibited. No person shall use, or cause or permit to be used, any alarm device which automatically selects a telephone trunkline of the Police or Fire Department of the City of Wichita Falls , and then reproduces any prerecorded voice messages to report any robbery, burglary, fire or other emergency. SECTION 8 . Alarm System 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 . SECTION 9 . Alarm Dispatch Records. (a) The 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; (5) weather conditions; (6) area and sub-area; (7) name of permit holder' s representative on premises, if any. - 5 - (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. SECTION 10. System Performance Reviews. If there is reason to believe that an alarm system is not being used or maintained in a manner that insures proper operation and suppresses false alarms, a chief may require a conference with an alarm permit holder and the individual or association respon- sible for maintenance of the alarm system to review circumstances of each false alarm. SECTION 11 . Service Fee. (a) Except as provided in Subsection (b) , the holder of an alarm permit shall pay a service fee of $40 . 00 for each police alarm notification in excess of six (6) , and for each fire alarm notification in excess of three (3) , emitted from an alarm site within a permit 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. SECTION 12 . Revocation of Alarm Permit. (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 permit; (2) the permit holder has violated Section 4 , 5 , 6 , 7 , or 8 ; or (3) the permit holder has failed to make timely payment of a service fee assessed under Section 11 or has an excessive number of false alarms as determined by the hearing officer. (b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is revoked. SECTION 13 . Appeal from Denial , Revocation of a Permit, or False Alarm Determination. (a) If a chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certi- - 6 - fied 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 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 by filing with the City Manager a written request for a hearing; setting forth reasons for the appeal, within ten (10) days after receipt of the notice from the chief . 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 or his designated represen- tative makes a final decision. If a request for an appeal hearing is not made within the ten (10) day period, the action of a chief is final. (b) The City Manager or his representative shall serve as hearing officer at an appeal and 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 thirty (30) 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. (c) It shall further be the function of the hearing officer to recommend prosecution of any violations of this article to the Municipal Court Prosecutor pursuant to the sanctions contained in Section 15 of this ordinance . SECTION 14 . Protection of Financial Institutions. . (a) 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, a signal line directly to the police department for the purpose of reporting burglaries and robberies . If such an arrange- ment is made , all other requirements of this chapter must be met. The financial institutions shall execute a letter of agreement with the city permitting the installation of all necessary equip- ment on an indicator panel monitored in the communications division of the police department. The installation must be accomplished at the institution' s expense. (b) The financial institution shall pay a monthly fee of $100. 00 for each indicator. The chief shall have the right, at reasonable times and upon oral notice, to inspect the alarm system - 7 - at the alarm site and require necessary repairs or improvements . If the chief finds that the alarm system continually fails to operate properly or be operated properly, he 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. (c) 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 on a 24-hour basis, seven days a week. In no event shall the city become liable for charges for repairs and maintenance. (d) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief , and at its own expense, remove its equipment and indicators from the monitor panel in the communications center. (e) The chief may require any change, modernization, or consolidation of alarm signaling equipment that he deems advisable. In no event shall the city become liable for charges for these changes . (f) Instead of a direct line, a financial institution may report burglaries and robbers by transmission through an alarm reporting service using a special trunkline designated by the chief. SECTION 15 . Violations; Penalty; Corporations, Partnerships and Associations. (a) A person commits an offense if he violates by commission or omission any provision of this chapter that imposes upon him a duty or reponsibility. (b) A person who violates a provision of this chapter 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 $200 , but not less than $50 upon first conviction and not less than $75 upon second and subsequent convictions . (c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter 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. - 8 - SECTION 16 . Implementation of Chapter; Review. (a) This ordinance shall become effective 90 days after its passage. (b) The police and fire chiefs shall monitor the enforcement and effect of this chapter and report to the city manager one year after the effective date on its effect in reducing unnecessary alarm notifications . " PASSED AND APPROVED this the if ti�,L day of January, 1985 . I M A Y O R jOrr m ATTEST: Ci Clerk - 9 - 1 Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) ORDINANCE NO.1-85 On this . 28 day of January AN ORDINANCE CLOSING,VA-I CATING,AND ABANDONING A I PORTION OF AN EASEMENT A.D. 1985 . personally appeared before me, the undersigned authority LOCATED IN LOT 4, BLOCK 2, MIDWESTERN PARK,UNIT 2,AN ADDITION TO THE CITY OF I Toni RP1ved'YP WICHITA FALLS,TEXAS I ORDINANCE NO.2-85 AN ORDINANCE REGULATING THE OPERATION AND MAIN- for the Times Publishing Company of Wichita Falls, publishers of the TENANCE OF INDOOR AND OUTDOOR PUBLIC AND SEMI- Wichita Falls Record News, a newspaper published at Wichita Falls in PUBLIC SWIMMING POOLS, . WADING POOLS, PORTABLE POOLS, DIVING TOWERS, Wichita County. Texas, and upon being duly sworn by me, on oath states WATER SLIDES, SPAS, WHIRL- POOLS, PUBLIC BATHS HOUSES that the attached,advertisement is a true and correct copy of advertising AND RELATED POOL AREAS AND EQUIPMENT;REQUIRING A PER- MIT ESTABLISH A FEE;REOUIR- ONE(1) issues thereof on the following ING CERTIFICATION OF A POOL Published in_. MANAGER OF OPERATION AND ESTABLISHING A FEE; AND,I dates: PROVIDING FOR ENFORCE- Jan. 25 MENT. ' ORDINANCE NO.3-85 ORDINANCE EXTENDING ORDI- /7 NANCE NO. 83-84, WHICH �� -; c-e. 4.,f?� WAIVED SECTIONS 31-51, • __ „4:7-71„e, - d' 31-54,and 31-55 OF THE CODE Bookkeeper for Times Publishing Company OF ORDINANCES, REQUIRING TAXIMETERS IN VEHICLES FOR of Wichita Falls HIRE, AND SECTION 31-47, RE- QUIRING CHAUFFEUR-DRIVEN VEHICLES FOR HIRE TO BE I PLAINLY MARKED, CONCERN- Subscribed and sworn to before me this the day and year first above ING LIMOUSINE SERVICE BY • STEVE KNUDSEN AND MICHAEL L) written. F.GRIFFITH. . ORDINANCE NO.ORDINANCE CHANGING THE ' f, TIME OF THE SECOND REGULAR -ci CITY COUNCIL MEETING IN FEB- `� RUARY, 1985, TO SEVEN O'CLOCK P.M. • ORDINANCE NO.6-85 ORDINANCE NO.8-85 ORDINANCE NO.5-85 ORDINANCE PROVIDING REGU- AN ORDINANCE CLOSING, VA- - AN ORDINANCE PROVIDING ,..,., FOR THE TRANSPOR- CATING,AND ABANDONING A FOR PRIVATE SEWAGE DIS- TATION AND DISCHARGE OF PORTION OF A TWENTY (20) POSAL SYSTEM; DEFINING !1� :exas j J y it LIQUID, SOLID AND SPECIAL. FOOT WIDE, NORTH-SOUTH TERMS: PROHIBITING POL- �f c! - a WASTE; REQUIRING ALLEY LOCATED BETWEEN LOTS LATION OF THE WICHITA FALLS 7ission Expires_._.__.._ _ .._a AUTHORIZED SITE AND 9 AND 10, BLOCK 14, SIKES WATER SUPPLY; REQUIRING METHOD OF DISPOSAL; REGU- ESTATES, SECTION F-1, PERMITS FOR CONSTRUCTION ' LATING WHAT WASTES MAY BE WICHITA FALLS, TEXAS. AND OPERATION OF PRIVATE GENERATED AND TRANS- ORDINANCE NO.9-85 SEWAGE FACILITIES; PRESCRIB- -- -- PORTED FOR DISPOSAL; REGU- ORDINANCE ENTITLED"EMERG- ING PROCEDURES FOR OBTAIN- LATING THE GENERATION AND' ENCY REPORTING EQUIPMENT ING PERMITS; INSPECTIONS ACCUMULATION OF WASTES AND PROCEDURES"; PROVID- AND PAYMENT OF FEES;REGU- INCLUDING, BUT NOT LIMITED ING DEFINITIONS; REQUIRING LATING WATERCRAFT AND TO, GREASE TRAP, GRIT TRAP, A PERMIT OF ALARM SYSTEM MARINE SANITATION ON THE AND SPETIC TANK WASTE; USERS; PROVIDING SERVICE WICHITA FALLS WATER SUPPLY; PROVIDING FOR PERMIT FEES; .FEES FOR ALARM NOTIFICA- AND PROVIDING FOR ENFORCE- AND PROVIDING FOR ENFORCE- TIONS; PROVIDING FOR REVO- MENT MENT. AUTHORIZATION TO CATION OF PERMIT; REGU- ORDINANCE NO.6-85 ENACT UNDER PROVISIONS OF LATING ALARM REPORTING ORDINANCE PROVIDING REGU- ARTICLE 4477-7, VERNON'S AND OPERATION;PROHIBITING LATION FOR THE TRANSPOR- TEXAS CIVIL STATUTES, AND 'DIAL ALARM DEVICES USING TATION AND DISCHARGE OF THE TEXAS DEPARTMENT OF TELEPHONE SWITCHBOARD FOR LIQUID, SOLID AND SPECIAL. HEALTH'S "MUNICIPAL SOLID P R E-R E C O D I N G V O I C E WASTE; REQUIRING WASTE MANAGEMENT REGU- ' MESSAGES; POOVIDING FOR AUTHORIZED SITE AND LATIONS." PROTECTION OF FINANCIAL IN- METHOD OF DISPOSAL; REGU- ORDINANCE NO.7-85 STITUTIONS; PROVIDING A LATING WHAT WASTES MAY BE AN ORDINANCE MAKING AN PENALTY NOT TO EXCEED GENERATED AND TRANS- APPROPRIATION FROM THE $200; PROVIDING 90 DAYS PORTED FOR DISPOSAL; REGU- GENERAL FUND TO THE AC- AFTER PASSAGE AS THE EFFEC- LATING THE GENERATION AND' COUNT NUMBER LISTED BELOW, I TIVE DATE. ACCUMULATION OF WASTES INCREASING BUDGETED REV- I INCLUDING, BUT NOT LIMITED ENUE FIGURES TO RECOGNIZE TO, GREASE TRAP, GRIT TRAP, REVENUES TO BE RECEIVED AND SPETIC TANK WASTE; FROM THE OPERATION OF THE PROVIDING FOR PERMIT FEES; POLICE IMPOUND FACILITY, 1 - AND PROVIDING FOR ENFORCE- . AND DECLARING AN EMERG- I - MENT. AUTHORIZATION TO ENCY.