Ordinance 1990-06ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ESTABLISHING REGULATIONS FOR THE USE AND
OPERATION OF ALARM SYSTEMS WITHIN THE CITY;
PROVIDING DEFINITIONS, REQUIRING A PERMIT
OF ALARM SYSTEM USERS; PROVIDING FOR
ISSUANCE OF PERMITS; PROVIDING SERVICE
CHARGES FOR FALSE ALARMS; PROVIDING FOR
DENIAL AND SUSPENSION OF PERMITS; REGULATING
ALARM REPORTING AND OPERATION; PROVIDING
FOR PROTECTION OF FINANCIAL INSTITUTIONS,
ORDAINING OTHER MATTERS ON THE SUBJECT; AND
PROVIDING A PENALTY CLAUSE, A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE
WHEREAS, The City of Wylie is concerned about the needless
expenditure of tax dollars and with reducing the
risk associated with emergency responses by the
Police and Fire Departments to false alarms; and
WHEREAS, The City of Wylie has become increasingly
concerned about the growing number of false alarms
answered by the Fire Department and Police
Department; and
WHEREAS, any regulations established should not inhibit the
reporting of fire alarms in high-risk loss of life
facilities in the City of Wylie; and
WHEREAS, the Police and Fire Chiefs of the City of Wylie,
have determined the necessity of establishing
regulations for the use and operation of alarm
systems within the City, and have recommended the
establishment of such regulations, which
recommendation by the City Council hereby approves
and adopts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, THAT
SECTION 1 The following words and terms, as used herein,
have the meaning respectively ascribed to them, as
follows:
1. ALARM SYSTEM means a device or system which
emits, relays or transmits a signal intended to
summon police, fire or emergency medical services
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 the vehicle is
being used for a habitation and is permanently
located at a site, nor an alarm designed to alert
only the inhabitants within a premise, but does
include an alarm system that emits a signal at an
alarm site that is audible or visible from the
exterior of a structure.
2. ALARM SITE means a premise or location served
by an alarm system.
3. BURGLAR ALARM NOTIFICATION means 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.
4. CITY MANAGER means the City Manager of the City
of Wylie, or his authorized representative.
5. EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION
means an alarm system intended to summon emergency
medical assistance.
6. FALSE BURGLAR ALARM NOTIFICATION means a
burglar alarm notification to the police, when the
responding police officer finds there is no
evidence of unauthorized intrusion or attempted
unauthorized intrusion at the alarm site.
7. FALSE EMERGENCY MEDICAL ASSISTANCE ALARM
NOTIFICATION means an emergency medical assistance
alarm notification to the Ambulance Service, when
the responding Ambulance personnel finds there is
no evidence of need for emergency medical
assistance at the alarm site.
8. FALSE FIRE ALARM NOTIFICATION means a fire
alarm notification to the Fire Department, when
the responding Fire Department personnel finds
there is no evidence of a fire or smoke having
occurred at the alarm site.
9. FALSE ROBBERY ALARM NOTIFICATION means a
robbery notification to the police, when the
responding police officer finds there is no
evidence of a robbery or attempted robbery at the
alarm site.
10. FIRE ALARM NOTIFICATION means a notification
to the Fire Department intended to summon fire-
fighting forces, which is initiated or triggered
by an alarm system designed to react to any of the
visual or physical characteristics of fire.
11. FINANCIAL INSTITUTION means an institution
required to have an alarm system by the provisions
of the bank Protection Act of 1968 (12 U.S.C. &
1882, as amended).
12. 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.
13. PERSON means an individual, corporation,
partnership association, organization, or two or
more persons having a joint or common economic
interest.
14. ROBBERY ALARM NOTIFICATION is a notification
intended to summon the police when a robbery
occurs by means of an alarm system designed to be
purposely activated by an individual.
15. EMERGENCY ASSISTANCE ALARM means any
automatic notification other than those previously
defined which summons emergency assistance from
the City of Wylie.
SECTION 2
16. PERMIT HOLDER means the person who is
designated in the application for an alarm permit
as the Permit Holder and who will be responsible
for the proper maintenance and operation of the
alarm system and payment of fees levied or
assessed under this Ordinance.
17. CHIEF means the Chief of Police of the City of
Wylie, or his authorized representative.
18. ALARM NOTIFICATION means a
intended to summons the police, fire,
medical services
to an emergency.
notification
or emergency
of the City of Wylie in response
19. FALSE ALARM NOTIFICATION means an alarm
notification to the police fire or emergency
medical service of the City of Wylie where the
responding city officer finds no evidence of an
emergency at the alarm site.
I. A person commits an offense if he installs,
operates or causes to be operated an alarm system
without first obtaining a permit from the Chief.
A separate permit is required for each alarm site
and each type of alarm system as hereinabove
defined at each site.
2. Any person operating or causing to be operated
an alarm system on the effective date of this
ordinance must apply for a permit within 30 days
after the said effective date.
3. Upon receipt of the required fee and completed
application form, the Chief shall issue a permit
to an applicant unless the applicant has had an
alarm permit for the alarm site revoked or
suspended and the violation causing the revocation
or suspension has not been corrected or the
application does not comply with the provisions of
this Ordinance.
4. Each permit application most contain the name,
address, and telephone number of who will be the
Permit Holder and be responsible for the proper
maintenance and operation of the alarm system and
payment of fees or charges levied or assessed
under this Ordinance. Each permit application
must also contain the name, address and telephone
number of at least two (2) persons who have agreed
to receive notification from the Wylie Police
Department or
have received
responsible to
twenty (20)
notification.
the Wylie
an alarm
come to
minutes
Fire Department when they
notification and who are
the alarm site within
after receiving such
5. An alarm permit cannot be transferred to
another person. However, the persons designated
to respond and come to the alarm site after being
notified by the Wylie Police Department or the
Wylie Fire Department of an alarm notification may
be changed. A Permit Holder must inform the Chief
of any change that alters information listed on
the permit application within three (3) business
days. No fee will 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 the
purpose of making a change thereto, shall be
sufficient cause for refusal to issue, revocation
or suspension of a permit by the Chief.
7. A person, other than a permit holder, commits
an offense if he intentionally causes a false
alarm notification to be emitted, relayed or
transmitted to the police, fire or emergency
medical services of the City of Wylie or
intentionally reports a false alarm notification
to the police, fire or emergency medical services
of the City of Wylie.
SECTION 3 A non-refundable fee of $20.00 per year is
required for each commercial permit or renewal of
a commercial permit. A commercial permit is
issued for the balance of the calendar year and
must be renewed on or before December 31, each
year thereafter by the submission of an
application and payment of the commercial permit
fee and any service fees that have been assessed.
It is the responsibility of the Permit Holder to
pay the renewal commercial permit fee and service
fees, if any, prior to the expiration date of the
permit. Although a permit is required for private
residences, no fee will be charged.
SECTION 4
1. If after four (4) FALSE BURGLAR ALARMS in the
twelve (12) month period immediately preceding any
false burglar alarm, the Permit Holder shall be
assessed a service fee of $50.00 for such false
alarm.
2. If after two (2) FALSE FIRE ALARMS in the
twelve (12) month period immediately preceding any
false fire alarm, the Permit Holder shall be
assessed a service fee of $100.00 for such false
alarm.
3. If after two (2) FALSE ROBBERY ALARMS in the
twelve (12) month period immediately preceding any
false robbery alarm, the Permit Holder shall be
assessed a service fee of $100.00 for such false
alarm.
4. If after two (2) FALSE MEDICAL ASSISTANCE
ALARMS in the twelve (12) month period immediately
preceding any false medical assistance alarm, the
Permit Holder shall be assessed a service fee of
$50.00 for such false alarm.
5. If after two (2) FALSE EMERGENCY ASSISTANCE
ALARMS in the twelve (12) month period immediately
preceding any false emergency assistance alarm,
the Permit Holder shall be assessed a service fee
of $50.00 for such false alarm.
6. A Permit Holder must 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 Chief.
SECTION 5 The Chief makes the determination whether an alarm
notification is false. The determination of the
Chief in classifying an alarm notification as
false is final unless the City Manager, at the
appeal hearing, reverses the Chief's decision.
SECTION 6 A Permit Holder shall not allow his alarm signals
to be reported through a relaying intermediary
person who does not meet the requirements of this
Ordinance.
SECTION 7
1. A Permit Holder or person in control of an
alarm system most:
a. Adjust or modify the sensory mechanism of the
alarm system to suppress false indications of
force so that the alarm system will not be
activated by impulses due to:
(1) transient pressure changes in water pipes;
(2) flashes of light;
(3) wind noise caused by the rattling or
vibrating of doors or windows;
(4) vehicular noise adjacent to the
installation; and
(5) other forces unrelated to actual
emergencies; and
b. Maintain premises containing an alarm system in
a manner that insures proper operation of the
alarm system
2. A person in control of a local alarm must:
a. Adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal will sound for
no longer than 30 minutes after activated;
b. Display in a prominent exterior location an
identification notice provided by the Chief.
c. Come to the alarm site within twenty (20)
minutes after receiving a request from a member of
the Wylie Police Department or the Wylie Fire
Department to do so and grant access to the alarm
site and deactivate the alarm if necessary.
3. In the event that a mechanism sounds an alarm
signal for longer than twenty (20) minutes after
being activated, the Chief or the Chief of the
Wylie Fire Department or his authorized
representative are authorized to disable the
alarm. All costs of the City of Wylie in
disabling such an alarm signal shall be assessed
to the Permit Holder or person in control of the
alarm system and shall be paid to the City of
Wylie within thirty (30) days after the Permit
Holder or person in control of the alarm system
has received notice that said cost had been
assessed.
4. An application for a permit under the
provisions of this Ordinance constitutes a grant
of approval by the Permit Holder or person in
control of the alarm system for the City of Wylie
to deactivate the local alarm system under the
provisions of this subsection.
SECTION 8 A person in control of a local alarm or alarm
system that causes an alarm notification to be
sent directly to the City of Wylie shall adjust or
modify the mechanism so that upon activation of
the system will transmit only one alarm signal and
will not transmit another alarm signal without
tirst being manually reset at the alarm site.
SECTION 9 The Chief or Fire Chief of the City of Wylie or
his authorized representative may inspect an alarm
site and alarm system of a Permit Holder during
regular business hours. 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, the Chief
may require a conference with the Permit Holder or
person in control of the alarm system to review
circumstances of each false alarm. As a result of
the conference, the Chief may require certain
action be taken by the Permit Holder or person in
control of the alarm system to remedy the
situation and if not have within a reasonable
time, suspend or revoke the permit.
SECTION 10 The Chief may suspend or refuse to renew an alarm
system permit for failure of the Permit Holder to
timely pay any assessed service fees. The Permit
Holder may appeal the decision to the City
Manager.
SECTION 11
1. If the Chief denies the issuance of a permit or
revokes or suspends a permit, he shall send to the
applicant or Permit Holder by certified mail,
return receipt requested, written notice of his
action setting forth the reason for such action
and advising the applicant or Permit Holder of the
right to an appeal. 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 his
objects to the action of the Chief, 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 shall state the
action of the Chief in denying the issuance of or
revoking or suspending a permit until a final
decision on appeal is made by the City Manager.
If a request for an appeal hearing is not made
within the ten (10) day limit, the action of the
Chief is final.
2. The City Manager shall preside at the appeal
hearing and shall consider evidence offered by any
interested person. The formal rules of evidence
shall not apply at the appeal hearing. The City
Manager shall make his decision on the basis of a
preponderance of the evidence presented at the
hearing. The City Manager shall render a decision
within thirty (30) days after the request for an
appeal hearing is filed. The City Manager shall
affirm, reverse, or modify the actions of the
Chief. The decision of the City Manager is final
as to the administrative remedies with the City of
Wylie.
SECTION 12 A person who is engaged in the business of
relaying alarm notifications to the City shall:
1. Send notification of an alarm to the City of
Wylie by an individual;
2. Keep his business premises locked and secured
at all times;
3. Allow an inspection of his business premises
by authorized agents of the Police or Fire Chief
of the City of Wylie at any time;
SECTION 13
4. Report alarms only to a telephone number, or
numbers, designated by the City of Wylie;
5. Send alarm notifications to the City of Wylie
in a manner and form determined by the City; and
6. Maintain sufficient staff to insure that
valid alarms are relayed immediately to the City
of Wylie.
1. A Permit Holder whose alarm system transmits
automatic alarm notifications, other than alarm
notifications from financial institutions,
directly to the City over the normal telephone
system shall:
a. Transmit the alarm in the form and content
specified by the City of Wylie;
b. Transmit over telephone lines designated for
such uses;
c. Design his system so that it will notify the
Permit Holder, or his designated agent identified
on the permit application, when an alarm is
transmitted to the city of Wylie;
d. Furnish the City of Wylie with copies of the
alarm operation procedures and sensor locations;
and
e. Furnish the name, address and telephone
number of a licensed alarm company responsible for
correcting any malfunction that may occur.
SECTION 14.
1. A signal line directly to the Wylie Police
Department for the purpose of reporting burglaries
and robberies shall be limited to Financial
Institutions. If such installation is made, all
other requirements of this Ordinance must be met.
The financial institution shall execute a Letter
of Agreement with the City of Wylie permitting the
installation of all necessary equipment on an
indicator panel monitored and located in the
communications division of the Wylie Police
Department. The installation must be accomplished
at the institution's expense.
2. The Agreement shall contain provisions granting
a right of inspection to the Chief and requiring
payment of an annual, non-refundable fee of $30.00
for each indicator installed. The rights of a
financial institution under such Agreement with
the City are not transferable. In addition to the
matters set forth hereinabove, the Agreement shall
include, but out be limited to, the following:
a. The Chief, upon notice and reasonable time,
may inspect the alarm system at the alarm site and
require necessary repairs or improvements. In no
event shall the City of Wylie become liable for
charges for repairs or improvements of any alarm
system. If the Chief finds that the alarm system
fails to comply with the requirements of this
ordinance, he may terminate the privilege to have
equipment and indicators in the communication
center of the Wylie Police Department and require
the removal of equipment and indicators from the
communications center of said Police Department.
Such removal shall be at the expense of the
financial institution.
b. The financial institution, at its expense,
shall made 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.
c. The financial institution may cancel its
agreement with the City of Wylie at any time by
giving written notice there of to the Chief. Upon
giving such notice, the said institution shall
promptly remove its equipment and indicators from
the monitor panel in the communications center.
Such removal shall be at the expense of the
financial institution.
SECTION 15 That all ordinances of the City of Wylie in
conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other
ordinances of said City not in conflict with the
provisions of this ordinance shall remain in full
force and effect.
SECTION 16 Should any paragraph, sentence, subdivision,
clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal
or invalid, the same shall not affect the validity
of this ordinance as a whole or any part of the
provision thereof other than the part so decided
to be invalid, illegal or unconstitutional and
shall not affect the validity of the remaining
portions of this ordinance.
SECTION 17 Any person, firm or corporation, violating any of
the provisions or terms of this ordinance shall be
subject to a find not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense, and
each day such violation shall continue to exist
shall constitute a separate offense.
SECTION 18 This ordinance shall take effect immediately from
and after its passage and publication of its
caption, as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
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