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ORD 416 12/6/1988ORDINANCE NO. 416 AN ORDINANCE PROVIDING DEFINITIONS, REQUIRING A PERMIT OF ALARM USERS: PROVIDING SERVICE CHARGES FOR FALSE ALARMS; PROVIDING FOR SUSPENSION OF A PERMIT, PROVIDING FOR A PENALTY OF NOT LESS THAN $ 10 OR MORE THAN $500; PROVIDING FOR A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. Index Section 1. Index Section 2. Definitions Section 3. Permit Required, Applications, Transferability; False Statement. Section 4. Other Types of Alarms Section 5. Fee for Permit, duration & renewal Section 6. Service Charge Section 7. Reporting of Alarm Signals Section 8. Alarm System Operation & Maintenance Section 9. Inspection Section 10. Suspension of Permit;. Offense to Operate Section 11. Appeal from Denial/Suspension of Permit Section 12. Violation, operations, Partnerships, and Associations. Section 13. Punishment Section 14. Severability Section 15. Effective Date SECTION 2 - Definitions 1. Alarm system means a device or system that transmits or relays a signal intended to summon emergency services of the City, as illustrated by, but not limited to, local alarms. Alarm system does not include: a. An alarm installed on a vehicle unless installed permanent site. b. An alarm designed to alert only the inhabitants of a premises; nor C. An alarm installed upon the premises occupied by the City. 2. Alarm site means a premises or location served by an alarm system. 3. Burglar alarm notification is a notification intended to summon the police which is initiated or triggered manually or by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion. 4. Police Department: The Police Department of the r;rV of rihnln_ Page 2 of 6 7. False Holdup Alarm notification means a robbery alarm notification to the police, when the responding police officer finds no evidence of a robbery. 8. Local Alarm means an alarm system that emits at an alarm site that is audible or visible from the exterior of a structure and has as its purpose the summoning of aid from a city department. 9. Person means an individual, corportation, partnership, association, organization or similar entity. 10. Holdup Alarm notification is a notification intended to summon the police by means of an alarm system designed to be purposely activated by a human when a robbery occurs. 11. False Alarm or Report is when a person knowingly initiates, communicates, circulates, or broadcasts a report a present, past or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: a. case action by an official or volunteer agency organized to deal with emergencies; b. place a person in fear of imminent serious bodily injury; or C. prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile or other mode of conveyance. 12. Special permit is a permit issued to an alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system. Permit Required; Application; Trans 1. A person commits an offense if he operates or causes to be operated an alarm system without first obtaining a permit from the City. A separate permit is required for each type of alarm notification capable of being emitted from each alarm site. 2. Any person with an alarm system on the effective date of this ordinance must apply for a permit within 60 days after the effective date. The application form may be found at attachment #1 to this ordinance. 3. Upon receipt of the required fee and completed application form, the City shall issue a permit unless there is cause to believe the equipment responsible for initiating an alarm will not be maintained and operated in accordance with this ordinance or the applicant will not comply with each provision of this ordinance. 4. Each permit application must contain the name, address and telephone number of the individual or alarm user - -- ------ mill L.c f - he ncrmi l- hnlAar AnA ha Page 3 of 6 5. An alarm permit cannot be transferred to another person. However, the individual designated to respond to an alarm or relay an alarm may be changed. A permit holder shall inform the Police Department of any change that alters information listed on the permit application. 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 while making a change thereto, shall be sufficient cause for refusal to grant, or suspension of, a permit. SECTION 4. Other Types of Alarms 1. If innovations in alarm systems or other types of alarm devices adversely affect emergency services of the City, the City may promulgate rules and regulations in order to protect the City's emergency services. 2. A person shall not use or operate, or attempt to use or operate, or cause to be used or operated, or .arrange, adjust, program, or otherwise provide or install any device or combination of devices that will, upon activation, either mechanically, electronically or by any other automatic means, initiate a telephonic or recorded message to any telephone number assigned, or any additional telepone numbers assigned, to the City of Cibolo or any other police agency. Within thirty (30) days after the effective date of this ordinance, all existing automatic dialing devices referred to above shall be reprogrammed or disconnected. SECTION 5. Fee for Permit; Duration: Renewal, 1. A non-refundable fee of $5.00 per year is required for each permit or renewal of a permit for a private residence and $10.00 per year for a commercial establishment. All permits shall expire December thrity-first of the year of issuance and no permit shall be issued for more than one year. It is the responsibility of the permit holder to pay the renewal fee prior to expiration date; however, a. an alarm user which is a governmental political unit shall be subject to this ordinance but a permit shall be issued without payment of the fee and shall not be subject to revocation or payment of additional fees or the imposition of any penalty provided herein. SECTION 6. Service Charge 1. If during any calendar year, an alarm site emits more than three (3) false burglar alarms notifications, a fee of $25.00 will be assessed the permit holder for the fourth and subsequent alarms. 2. The City shall assess the permit holder of a hold-up alarm a fee of $50.00 for each false hold-up alarm Page 4 of 6 SECTION 7. Reporting of Alarm Signals. 1. A permit holder shall not report alarm signals through a relaying intermediary that does not meet the requirements of this ordinance or is not licensed by the Texas Board of Private Investigators and Private Security Agencies. SECTION 8. Alarm System Operation and Maintenance. 1. A permit holder shall: a. Cause an adjustment to be made to the sensory mechanism of his alarm system in order to suppress false indications; 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 shall: a. Adjust the mechanism will sound for no longer being activated; and so that an alarm signal than 30 minutes after b. Provide personnel, within 30 minutes after being notified by the Police Department, to reset the alarm system and provide access to the premises. SECTION 9. Inspection. Upon reasonable notification, the Police Chief, or his designated representative, may inspect an alarm site and alarm system of a permit holder. SECTION 10. Suspension of Permit, Offense to Operate 1. The Chief of Police may suspend or refuse to renew an alarm permit if an alarm system generates an excessive number of false alarm notifications in a 12 month period. In each respective category, an excessive number shall be: a. Six false burglar alarms; b. Five false robbery alarms; 2. The Chief of Police may suspend or refuse to renew an alarm system permit for any violation of this ordinance. 3. A suspension may be lifted or permit renewed upon a sufficient showing that the condidtions which caused the action have been corrected and if the Chief. of Police Page 5 of 6 SECTION 11. Appeal from Denial or Suspension of a Permit. 1. If the Chief of Police refuses to issue or renew a permit or suspends 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. The applicant or permit holder may appeal the decision of the Chief of Police to the City Adminstrator by filing with the City Administrator a written request for a hearing, setting forth the reasons for the appeal, within 10 days after receipt of the notice from the Chief of Police. The filing of a request for an appeal hearing with the City Administrator stays the acton of the Chief of Police insuspending a permit until the City Administrator or his designated repreentative makes a final decision. If a request for an appeal hearing is not made within the 10 -day period, the action of the Chief of Police is final. 2. The City Administrator or his representative shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply to 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 decison within 15 days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or modify the action for the City, and his decision is final unless the applicant or permit holder files a written request with the City Council for a hearing within 10 days after receipt of notice of the action of the hearing officer. A written request to the City Council stays the action of the hearing officer in suspending a permit until the City Council renders a final decision. 3. If a request for an appeal hearing with the City Council is filed within the 10 -day period, the City Council shall hear and consider evidence offered by an interested person. The formal rules of evidence do not apply to an appeal hearing before the City Council. The City Council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The City Council shall affirm, reverse or modify the action of the hearing. The City Council shall affirm, reverse or modify the action of the hearing officer by a majority decision on a motion shall leave the hearing officer's decision unchanged. The result of an appeal hearing before the City Council is final. The City Council must render a decision at the next regular scheduled City Council meeting after the appeal is filed. SECTION 12. Violation: Corporations.: Partnerships & Associations. 1. A person commits an offense if he violates by commission or omission any provisions of this ordinance that imposes upon him a duty or responsibility. 2. In addition to prohibiting or requiring certain Page 6 of 6 SECTION 13. Punishment. 1. That a person who violates a provision of this ordinance is quilty 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 not less than $10 or more than $500. d SECTION 14. Severability. 1. If any section, paragraph, sub—division, clause or phrase of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitional. SECTION 15. Effective Date. This Ordinance shall become effective upon the date of adoption and supercedes Ordinance # 358 & 358A, dated September 17, 1985 and April 15, 1986 respectively. PASSED AND ADOPTED THE 'I'-rk ATTEST: CITY SECRETARY �s MAYOR CITY OF CIBOLO ALARM SYSTEM APPLICATION/PERMIT NAME OF APPLICANT ADDRESS DATE: TELEPHONE The undersigned hereby applies for a permit to operate the type of alarm checked below. I certify that the alarm system presently meets the requirements set forth in the City of Cibolo Ordinance # 416 and that it will be maintained in the manner provided therein and that I will comply with each applicable provision of the cited ordinance. TYPE OF ALARM: BURGLAR HOLDUP OTHER METHOD OF ALARM: DIRECT PHONE LINE TO POLICE DEPT. _LOCAL, CENTRAL STATION NAME, LICENSE NUBER & PHONE NUMBER OF ALARM CO The below named individual or organziation can be contacted to respond to the location within 30 minutes of the activation of the licensed alarm. NAME NAME Applicant Signature ADDRESS ADDRESS ISSUING AUTHOR $10.00 Commercial $5.00 Residential Exempt NOTE: THIS PERMIT IS NON TRANSFERABLE EXPIRES: NO. PERMIT NO. DATE ISSUED: ORIGINAL LICENSEE: COPIES CITY SECRETARY/POLICE DEPT. CITY OF CIBOLO ALARM SYSTEM APPLICATION/PERMIT DATE: ADDRESS The undersigned hereby applies for a permit to operate the type of alarm checked below. I certify that the alarm system presently meets the requirements set forth in the City of Cibolo Ordinance # 416 and that it will be maintained in the manner provided therein and that I will comply with each applicable provision of the cited ordinance. TYPE OF ALARM: BURGLAR HOLDUP N19nal METHOD OF ALARM: DIRECT PHONE LINE TO POLICE DEPT. _LOCAL CENTRAL STATION NAME, LICENSE NUBER & PHONE -NUMBER OF ALARM CO The below named individual or organziation can be contacted to respond to the location within 30 minutes of the activation of the licensed alarm. NAME Applicant Signature ADDRESS ADDRESS PHONE NO. NO. PERMIT NO. DATE ISSUED: -ISSUING AUTHORITY' $10.00 Commercial $5.00 Residential Exempt NOTE: THIS PERMIT IS NON TRANSFERABLE EXPIRES: ORIGINAL LICENSEE: COPIES CITY SECRETARY/POLICE DEPT.