OR 87-381 Establishing regulations for the use & operation of alarm sys. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 87381
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9
OF THE CODE OF ORDINANCES OF THE CITY BY ADDING THERETO A NEW ARTICLE
9-12 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; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
DECLARING AN EMERGENCY.
WHEREAS, the City is concerned about the needless expenditure of tax dollars
and with reducing the risk associated with emergency responses by the Po]iee and Fire
Departments to false alarms; and
WHEREAS, the City 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; and
WHEREAS, the Police and Fire Chief of the City 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 COPPELL, TEXAS:
SECTION 1. AMENDING CHAPTER 9 OF CODE OF ORDINANCES
That Chapter 9 of the Code of Ordinances of the City of CopDell, Texas, be,
and the same is hereby, amended by adding thereto a new Article 9-12 regulating
emergency alarm systems within the City which shall read as follows:
"ARTICLE 9-12
EMERGENCY ALARM SYSTEMS
Section 9-12-1 DEFINITIONS
ALARM SYSTEM means a device or system that transmits or relays
a signal intended to summon emergency 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 used for a habitation at a permanent site, or an
alarm designed to alert only the inhabitants within a premise, but
does include an alarm that emits an audib}e signal on the exterior of
a structure.
ALARM SITE means a premise or location served by an alarm system.
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.
DIRECTOR means the Chief of Police or his authorized
representative.
EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means
an alarm system intended to summon emergency medical assistance.
FALSE BURGLAR ALARM NOTIFICATION means a burglar alarm
notification to the police, when the responding police officer
reasonably finds there is no evidence of unauthorized intrusion or
attempted unauthorized intrusion.
FALSE EMERGENCY MEDICAL ASSISTANCE ALARM
NOTIFICATION means an emergency medical assistance alarm
notification to the Fire Department, when the responding Fire
Department personnel reasonably find there is no evidence of need
for emergency medical assistance.
FALSE FIRE ALARM NOTIFICATION means a fire alarm notification
to the Fire Department when the responding Fire Department
personnel reasonably find there is no evidence of a fire having
occurred.
FALSE ROBBERY ALARM NOTIFICATION means a robbery alarm
notification to the police, when the responding police officer
reasonably finds there is no evidence of a robbery.
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.
FINANCIAL INSTITUTION means an institution required to have an
alarm system by the provisions of the Bank Protection Act of 1968
(12 USC Sec. 1882, as amended).
LOCAL ALARM means an alarm system that emits a signal at an
alarm site that is audible from the exterior of a structure.
PERSON means an individual, corporation, partnership, association,
organization, or two (2) or more persons having a joint or common
economic interest.
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.
EMERGENCY ASSISTANCE ALARM means any automatic
notification other than those previously defined which summons
emergency assistance from the City of Coppell.
Section 9-12-2 PERMIT REQUIRED
A. A person commits an offense if he installs, operates or causes
to be operated an alarm system without first obtaining a
permit from the Director. A separate permit is required for
each alarm site and each type of alarm system as herein-above
defined at each site.
B. Any per'son operating or causing to be operated an alarm
system on the effective date of this chapter must apply for
a permit within thirty (30) days after the said effective date.
C. Upon receipt of the required fee and completed application
form, the Director shall issue a permit unless there is
reasonable cause to believe the equipment responsible for
initiating an alarm will not be maintained or operated in
accordance with this ordinance or the application will not
comply with each provision of this ordinance.
D. Each permit application must contain the name, address, and
telephone number of the person who is responsible for the
proper' maintenance and operation of the alarm system and
payment of fees or charges levied under this chapter. Each
per'mit application must also contain the name, address, and
telephone number of at least two (2) persons who are able
and have agreed to receive notification from a member of
the Coppell Police Department or Coppell Fire Department
at any time and to come to the alarm site within forty (40)
minutes after receiving such notification.
E. An alarm permit cannot be transferred to another person.
However, the individual designed to respond to an alarm or
relay an alarm may be changed. A Permit Holder must inform
the Director of any change that alters information listed on
the permit application. No fee will be assessed for such
changes.
F. 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 grant, or suspension
of, a permit.
G. No person to whom a permit has been issued under the
provisions of this chapter shah cause an alarm notification
to be sent to the Police Department until thirty (30) days
after the date upon which the installation of the alarm system
was completed; provided, however, that financial institutions
shall not be subject to the provisions of this subsection.
Section 9-12-3 PERMIT RENEWAL
A nonrefundable fee of Twenty Dollars ($20.00) per year is required
for each permit. A permit is issued for one (1) year and must be
renewed each year thereafter by payment of an annual renewal fee
of Five Dollars ($5.00). It is the responsibility of the Permit Holder
to pay the renewal fee prior to the expiration date of the permit.
Section 9-12-4 SERVICE FEE FOR FALSE ALARMS
A. If the Permit Holder has had six (6) false burglar alarms in
the twelve (12) month period immediately preceding any false
alarm, he shah be assessed a service fee of Fifty Dollars
($50.00) for such false alarm.
B. If the Permit Holder has had two (2) false fire alarms in the
twelve (12) month period immediately preceding any false
alarm, he shah be assessed a service fee of One Hundred
Dollars ($100o00) for such false alarm.
C. If a Permit Holder has had two (2) false robbery alarm in
the twe]ver (12) month period immediately preceding any false
alarm, he shall be assessed a service fee of One Hundred
Dollars ($100.00) for such false alarm.
D. If the Permit Holder has had two (2) false medical assistance
alarms in the twelve (12) month period immediately preceding
any false alarm, he shall be assessed a service fee of Fifty
Dollars ($50.00) for such false alarm.
E. If the Permit Holder has had two (2) false emergency
assistance alarms in the twelve (12) month period immediately
preceding any false alarm, he shall be assessed a service fee
of Fifty Dollars ($50.00) for such false alarm.
F. A Permit Holder must pay any service fee assessed under the
provisions of this section within thirty (30) days after receipt
of notice that it has been assessed by the Director.
G. The City shall maintain a written record of all alarm
notifications, including but not Hmited to, the following:
1. Name of permit holder;
2. Location of alarm site;
3. Date and time of alarm notification;
4. Name and badge number of the responding police officer
or firefighter in charge of the response;
5. Weather conditions; and
6. Whether the notification was a false a]arm notification.
Section 9-12-5 EXCEPTIONS
The Director shall not consider an alarm notification to be false if
he determines that the a]arm was caused by:
A. a natural or man-made catastrophe;
B. severe weather that causes physical damage to the premises;
C. vandalism;
D. telephone line outage; or
E. attempted entry or attempted robbery.
F. In high-risk of loss of life occupancies such as hotels, motels,
hospitals, nursing homes, residential care facilities,
educational uses, including day care centers and theaters
where a fire alarm was:
l. caused by undetermined means, or
2. caused by conditions not under control of the building
management such as manual false alarms, or smoking.
The determination of the Director in classifying an alarm notification
as false or actual is final.
Section 9-12-6 RELAYING INTERMEDIARY
A Permit Holder shall not report his alarm signals through a relaying
interinediary person that does not meet the requirements of this
ordinance.
Section 9-12-7 PROPER ALARM SYSTEM OPERATION AND MAINTENANCE
A. A permit holder must:
1. Adjust or modify the sensory mechanism of this alarm
system 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 of vibrating
of doors or windows;
d. vehicular noise adjacent to the installation; and
e. other forces unrelated to actual emergencies;
and
2. Maintain premises containing an alarm system in a
manner that ensures proper operation of the alarm
system.
B. A person in control of a local alarm must:
1. Adjust the mechanism so that an alarm signal will sound
for no longer than thirty (30) minutes after activated;
2. Display in a prominent exterior location an
identification notice provided by the Director; and
3. Come to the alarm site within forty (40) minutes after
receiving a request from a member of the Coppell
Police Department or the Coppel] Fire Department to
do so and grant access to the site and deactivate the
alarm if necessary.
4. In the event that a mechanism sounds an alarm signal
for longer than thirty (30) minutes after being
activated, the Chief of the Coppell Police Department,
the Chief of the Coppell Fire Department or their
designated representatives are authorized to disable
the alarm. All costs of the City in disabling such an
alarm shall be assessed to the operator of the alarm
system and shah be paid to the City of Coppel] within
thirty (30) days after the operator has received notice
that the said costs have been assessed. City shall not
be liable for any damage incurred to the property or
alarm system in disabling the alarm system. Application
for a permit under the provisions of this ordinance
constitutes a grant of approval by the operator of the
alarm system for the City to deactivate the local alarm
system under the provisions of this subsection.
Section 9-12-8 MANUAL RESET REQUIRED
A person in control of a local alarm or alarm system that causes
an alarm notification to be sent directly to the City shall adjust
or modify the mechanism so that upon activation the system will
transmit only one (1) alarm signal and will not transmit another
alarm signal without first being manually reset at the alarm site.
Section 9-12-9 INSPECTION
Upon reasonable notification, the Police Chief or Fire Chief or their
designee may inspect an alarm site and alarm system of a Permit
Holder during regular business hours.
Section 9-12-10 REVOCATION OF PERMIT FOR FAILURE TO PAY A~E~MENT
FEE
The Director must suspend or refuse to renew an alarm system
permit for failure to pay any assessment service fee.
Section 9-12-11 APPEAL
A. If the Director denies the issuance of a permit, or suspends
a permit, he shah 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 Director to the Municipal Court of the City of Copper
by filing with the said Court a written request for a hearing,
setting forth his objections to the action of the Director,
within ten (10) days after receipt of the notice from the
Director. The filing of a request for an appeal hearing with
the Municipal Court shall stay the action of the Director in
denying the issuance of or suspending a permit until a final
decision on the appeal is made by the Municipal Court. If
a request for an appeal hearing is not made within the ten
(10) day limit, the action of the Director is final.
B. The Judge of the Municipal Court shall preside at any
administrative hearing conducted under the provisions of this
section and shall consider evidence offered by any interested
person. The formal rules of evidence shall not apply at such
hearing. The Judge of the Municipal Court shall make his
decision on the basis of a fair preponderance of the evidence
presented and matters officially noticed at the hearing. The
Judge of the Municipal Court shah render a decision setting
forth findings of fact and conclusions of law within thirty
(30) days after the request for an appeal hearing is filed.
Such decision shall affirm, reverse, or modify the action of
the Director and his decision is final.
Section 9-12-12 INDIRECT ALARM REPORTING
A person who is engaged in the business of relaying alarm
notifications to the City shall:
A. Send notification of an alarm to the City by an individual;
B. Keep his business premises locked and secured at all times;
C. Allow an inspection of his business premises by authorized
agents of Police Chief or Fire Chief at any time;
D. Report alarms only to a telephone number or numbers
designated by the City;
E. Send alarm notifications to the City in a manner and form
determined by the City; and
F. Maintain sufficient staff to ensure that valid alarms are
relayed immediately to the City.
Section 9-12-13 DIRECT ALARM REPORTING
A. 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:
1. Transmit the alarm in the form and content specified
by the City;
2. Transmit over telephone lines designated for such use;
3. 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;
4. Furnish the City upon request of Director with copies
of the alarm operation procedures and sensor locations;
and
5. Furnish the name, address, and telephone number of a
licensed alarm company responsible for correcting any
realfunction that may occur.
Section 9-12-14 PROTECTION OF FINA!tCIAL INSTITUTIONS
A. A financial institution may install, with the permission of the
Chief of Police, a signal line directly to the Police Department
for the purpose of reporting burglaries and robberies. If such
installation is made, all other requirements of this ordinance
must be met. The financial institution shah execute a Letter
of Agreement with the City permitting the installation of all
necessary equipment on an indicator pane] located in the
communications division of the Police Department. The
installation must be accomplished at the institution's expense.
B. The Letter of Agreement shall contain provisions granting a
right of inspection to the Chief of Police, requiring payment
of an annual, nonrefundable fee of One Hundred Dollars
($100.00) for each indicator installed. The rights of a financial
institution under such Letter of Agreement with the City are
not transferable. In additon to the matters set forth herein
above, the Letter of Agreement shall include, but not be
limited to, the following:
1. The Police Chief annually may inspect the alarm system
at the alarm site and shall require necessary repairs
or improvements. If the Police Chief finds that the
signaling device fails to comply with the requirements
of this chapter, he may terminate the Letter of
Agreement and require the removal of equipment and
indicators from the communications center of the Police
Department. Such removal shall be at the expense of
the financial institution.
2. The financial institution shaH, at its expense, provide
service for the alarm system at the request of the
financia] institution or the Chief of Police. In no
event shah the City become liable for service charges
for repairs and maintenance of any such alarm system.
3. The financial institution may cancel its Letter of
Agreement with the City at any time by giving written
notice thereof to the Chief of Police. Upon giving
such notice, the said institution shah promptly remove
its equipment and indicators from the monitor panel in
the communications center. Such removal shah be at
the expense of the financial institution.
Section 9-12-15 VIOLATION
A person commits an offense if he operates any alarm system as
herein defined without having a valid permit in accordance with the
provisions of this ordinance and upon conviction thereof shall be
punished by a fine not to exceed the sum of Two Hundred Dollars
($200.00) for each offense."
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutiona], the same shah not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppel], Texas, on the /
day of ~'~O~ , 1987.
APPROVED:
ATTEST:
~ZTARY
CO87-0507A