ORD 433 05/12/1992 ORDINANCE: #433
AN ORDINANCE PROVIDING,DEFINITIONS,REQUIRING A PERMIT OF ALARM
SYSTEM USERS,PROVIDING SERVICE CHARGES FOR FALSE ALARMS,PROVIDING
FOR SUSPENSION OF PERMITS,REGULATING ALARM REPORTING AND OPERATION
PROVIDING FOR A PENALTY OF NOT LESS THAN TEN DOLLARS($10.00)OR MORE
THAN FIVE HUNDRED DOLLARS ($500.00)PROVIDING FOR A SEVERABILITY
CLAUSE AND DECLARING AN EMERGENCY,AND REPEALING,ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREOF;
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 Severablity
Section 15 Effective Date
SECTION 2 DEFINITIONS:
1. ALARM SYSTEM-A device or system that transmits relays a signal intended to summons
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 in a 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 premise or location serviced by an alarm system.
3. BURGLAR ALARM NOTIFICATION-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 City of Cibolo,Texas.
5. POLICE CHIEF-The Chief of Police of the City of Cibolo or his authorized representative.
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6. FALSE BURGLAR ALARM NOTIFICATION-A burglar alarm notification to the Police,when
the responding Police Officer fmds no evidence of unauthorized intrusion or attempted
unauthorized intrusion.
7. FALSE HOLDUP ALARM NOTIFICATION-A robbery alarm notification to the Police,when
the responding Police Officer fmds no evidence of a robbery.
8. LOCAL ALARM-An alarm system that emits a signal 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-An individual,corporation,partnership,association,organization or similar entity.
10. HOLDUP ALARM NOTIFICATION-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-When a person knowingly initiates, communicates,circulates,or
broadcasts a report or a present,past or future bombing, fire, offense, or other emergency that he
knows is false or baseless and that would ordinarily:
a. Cause 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 statue,regulation,rule or ordinance to install,maintain and operate an alarm system.
SECTION 3 PERMIT REQUIRED;APPLICATION; TRANSFERABILITY;FALSE STATEMENTS:
1. A person commits an offense it he operates or causes to be operated an alarm system without first
obtaining a permit from the City.
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 of adoption of 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 representative 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 under this
ordinance.
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 charged. 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.
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6. Any false statement or misrepresentation of 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. A person shall not install or maintain an alarm system except for the purpose of alerting responses
to burglaries,robberies,or fire unless specifically authorized by the Chief of Police.
2. If innovations in alarm systems or other types of alarm devices adversely affect emergency services
of the City of Cibolo,the City may promulgate rules and regulations in order to protect the City's
emergency services.
3. A person shall not use or operate, or attempt to use or operate,or cause to be used or operated,or
arranged,adjust,program, or otherwise provided 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
telephone 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$25.00 per year for a commercial establishment.
2. An alarm permit is issued for a period not to exceed one(1)year and must be renewed each year
upon the submission of an updated application. It is type responsibility of the permit holder to
submit an application prior to the permit expiration date.
3. An alarm user which is a governmental political unit shall be subject to this ordinance;however,
the permit will be issued without a fee and shall not be subject to reapplication nor payment of
additional fees or the imposing of any penalty provided herein.
SECTION 6 SERVICE CHARGE:
1. If during any permit year,an alarm site, emits more than five(5)false burglar alarm notifications, a
fee of$25.00 will be assessed the permit holder for the sixth and subsequent alarms.
4. The City shall assess the permit holder of a hold-up alarm a fee of$50.00 for each false hold-up
alarm notification emitted from the alarm site.
4. A permit holder shall pay a penalty assessed under this section within 30 days after receipt of notice
by registered mail that it has been assessed.
5. The permit holder will be exempt from any fee charged for a false alarm notification which is later
shown to have been justified or which was due to a natural or manmade catastrophe or other
situation specifically exempt by the Chief of Police.
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SECTION 7 REPORTING OF ALARM
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 so that an alarm signal will sound for no longer than 30 minutes after
being activated; and
b. Provide personnel,within 30 minutes after being notified by the Police Department,to reset
the alarm system and provide access to the premise.
SECTION 9 INSPECTION:
Upon reasonable notification,the Chief of Police,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(6)false burglar alarms;
b. Four(4)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 conditions which
caused the action have been corrected and if the Chief of Police determines that the alarm systems
is likely to be maintained and operated in a responsible manner in accordance with the provisions of
this ordinance.
4. A person commits an offense if he operates an alarm system during a period of suspension or after
the City refuses to renew his/her permit.
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 appeal. The applicant or permit holder may appeal the decision of
the Chief of Police to the City Administrator 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
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the Chief of Police. The filing of a request for an appeal hearing with the City Administrator stays
the action of the Chief of Police in suspending a permit until the City Administrator or his
designated representative makes a fmal decision. If a request for appeal hearing is not made within
the 10 day period,the action of the Chief of Police is fmal.
2. The City Administrator or authorized representative shaii 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 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 of Police 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 officer by a majority decision on a
motion or shall leave the bearing officer's decision unchanged. The result of an appeal Hearing
before the City Council is fmal. 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 conduct of individuals, it is the intent of this
Ordinance to hold a corporation,partnership or other association criminally responsible for acts or
omission performed by an agent acting in behalf of the corporation,partnership or other association
and within the scope of his employment.
3. In order to provide a trial period to allow alarm users time to familiarize themselves with the alarm
ordinance,the Chief of Police will not charge any fee for sixty(60)days after the effective date of
this ordinance. After that period,the Chief of Police will begin enforcing this ordinance as if it
were just enacted.
SECTION 13 PUNISHMENT:
1. That a person who violates a provision of this ordinance 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 not less than ten($10.00)or more than five hundred($500.00).
SECTION 14 SEVERABILITY:
1. If any section,paragraph, subdivision,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 unconstitutional.
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SECTION 15 EFFECTIVE DATE:
This ordinance shall become effective upon the date of adoption and supersedes Ordinance#358&
358A, and 416, dated September 17, 1985,April 15, 1986,and December 7, 1988 respectively.
PASSED AND ADOPTED THE 12th DAY OF 1992.
Sam Bauder,Mayor
Ann Smith, City Secretary
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