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85-013 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE II TO CHAPTER 18 OF SAID CODE ~ ORDINANCE N0. 85-013 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE Or' ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING ARTICLE II TO CHAPTER 18 OF SAID CODE; ESTABLISHING REGULATIOPdS FOR THE USE AND OPERATION OF ALARNI SYSTEMS WITHIN THE CITY; PROVIDING DEFINITIONS; REQUIRING A PERMIT OF ALARM SYSTEM USERS; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING SERVICE CHARGES FOR FALSE ALARMS; PROVID- ING FOR DENIAL AND SUSPENSION OF PERMITS; REGULATING ALARM REPORTING AND OPERATION; PROVIDING FOR PROTECTION OF FINAN- CIAL INSTITUTIONS; ORDAINING OTHER MATTERS ON THE SUBJECT; PROVIDING FOR A PETdALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINArICES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1985. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the Code of Ordinances of the City of Paris be amended by adding sections to be numbered 18.41, to 18.53 read as follows: "ARTICLE II. EMERGENCY ALARM SYSTEMS Section 18.41. Definitions. The following words and terms, as used herein, have the meaning respectively ascribed to them, as follows: ALARM SYSTEM. A device or system which transr.zits a signa inten e to summon an emergency service 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 audible signal on the exterior of a structure. ALARM SITE. A premise or location served by an alarm system. BURGLAR ALARNI NOTIFICATION. A notification inten e to summon t e po ice, w ich is initiated or triggered by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion. DIRECTOR. The duties of the Director shall be performec[-Ty-the Chief, Paris Fire Department. EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION. An a arm system inten e to summon emergency me ical assistance. FALSE BURGLAR ALARr1 NOTIFICATION. A burglar alarm notification to t e po ice, when t e responding police officer reasonably finds there is no evidence of unauthorized intrusion or attempted unauthorized intrusion. FALSE EMERGENCY MEDICAL ASSISTAIICE ALARM NOTIFICATION. n emergency me ica assistance a arm notification to the Police Department or Emergency Medical Service, when the responding Fire Department personnel reasonably finds there is no evidence of need for emergency medical assistance. FALSE FIRE ALARM NOTIFICATION. A fire alarm notification to t e Fire Department, when the respond- ing Fire Department personnel reasonably find there is no evidence of a fire having occurred. FALSE ROBBERY ALARM NOTIFICATION. A robbery alarm notification to t e po ice, w en t e responding police officer reasonably finds there is no evidence of a robbery. FIRE ALARM NOTIFICATION. A notification to the Fire Department inten e to summon fire-fighting T-c 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. An institution required to have an a arm system y the provisions of the Bank Protection Act of 1968 (12 USC Sec. 1882, as amended). LOCAL ALARM. An alarm system that emits a signal at an alarm site that is audible from the exterior and/or interior of a structure, PERSON. An individual, corporation, partnership, associat n, organization, or two or more persons having a joint or common economic interest. ROBBERY ALARM NOTIFICATION, A notification inten e to summon t e po ice w en a robbery occurs by means of an alarm system designed to be purposely activated by an individual. EMERGENCY ASSISTANCE ALARM. Any automatic noti- fication system ot er t an t ose previously defined which summons emergency assistance from the City of Paris. Section 18.42. Permit Requirements. (1) 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 hereinabove defined at each si_te. (2) Any person operating or causing to be operated an alarr_1 system on the effective date of this chapter 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 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 applicant will not comply with each provision of th4s Ordinance. (4) 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 permit 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 Paris Police Department or Paris Fire Department at any time and to come to the alarm site within twenty (20) Minutes after receiving such notification. (5) An alarm permit cannot bP transferred to another person. However, the individual designed to respond to an alarm or relay an alarm may be changed. A Permit Holder must in£orm the Director of any change that alters information listed on the permit applica- tion. No fee will be assessed for such changes. (6) Any false statement or misrepresentation of a r.iaterial fact made by an applicant for the purpose of obtainir.g an alarm permit or renewal, or for the purpose of making a change thereto, shall be sufficient cause for refusal to grant, or suspension of, a permit. (7) No person to whom a permit has been issued under the provisions of this chapter shall cause an alarm notification to be sent to the Folice Department until thirty (30) days aiter 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 18.43. Permit Renewal. A non-refundable fee of $20.00 per year is required for each permit or renewal of a permit. A permit is issued for one year and must be renewed each year thereafter by payment of the gerr.tit fee. It is the responsibility of the Permit Holder to pay the renewal fee prior to the expiration date of the permit. Section 18.44. Permit Holder Responsibilities; False Alarm Response Time. (1) If the Permit Holder has had five (5) false burglar alarms in the twelve (12) month period immedi- ately preceding any false alarm, he shall be assessed a service fee of $50.00 for such false alarm. (2) If the Permit Holder has had two false fire alarms in ths twelve (12) month period inunediately preceding any false alarm, he shall be assessed a service fee of $100.00 for such false alarm. (3) If a Permit Holder has had one false robbery alarm in the twelve (12) month period immediately preceding any false alarm, he shall be assessed a service fee of $100.00 for such false alarm. (4) If the Permit Holder has had two false medical assistance alarms in the twelve (12) month period immediately preceding any false alarm, he shall be assessed a service fee of $50.00 for such false alarm. (5) If the Permit Holder has had two false emergency assistance alarms in the twelve (12) month period immediately preceding any false alarm, he shall be assessed a service fee of $50.00 for such false alarM. (6) If a Permit Holder or his designated rep- resentative fails to respond by being present at the alarm location within twenty (20) minutes after having been verbally notified by the Fire Department or Police Department of an alarm, he shall be assessed a service fee equal to Ten and No/100 ($10.00) Dollars per minute beyond such twenty (20) minutes until he or his rep- resentative arrives at the place of such alarm. (7) 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 Director. Section 18.45. False Alarm Exceptions. The Director shall not consider an alarm notifica- tion to be false if he determines that the alarm was caused by: (1) a natural or man-made catastrophe; (2) severe weather that causes physical damage to the premises; (3) vandalisM; (4) telephone line outage; or (5) attempted entry or attempted robbery. The determination of the Director in classifying an alarm notification as false or actual is final. Section 18.46. Requirement of Alarm System Using Relaying Intermediary Person. A Permit Holder shall not report his alarm signals through a relaying intermediary person that does not meet the requirements of this Ordinance and then only if the permit specifically approves the system plan, method of relaying and the relaying person. Section 18.47. Alarm Requirements. (1) A Permit Holder must: (a) Adjust or modify the sensory mechanism of his alarm systern 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, or 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 so that an alarm signal will sound for no longer than 30 minutes after being activated; (b) Display in a prominent exterior location an identification notice provided by the Director; and (c) Come to the alarm site within twenty (20) minutes after receiving a request from a member of the Paris Police Department or Paris rire Department to do so and grant access to the site and deactivate the alarm i£ necessary. (d) In the event that a mechanism sounds an alarm signal for longer than thirty (30) minutes after being activated, the Police Chief, the Fire Chief, or their designated representatives are authorized to disable the alarm. Ail costs of the City in disabling such an alarm shall be assessed to the operator of the alarm system and shall be paid to the City of Paris within thirty (30) days after the operator has received notice that the said costs have been assessed. Application for a permit ur.der 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. (3) 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 mecha- nism so that upon activation the system will transmit only one alarm signal and will not transmit another alarm signal without first being manually reset at the alarm site. Section 18.48. Inspection. Upon reasonable notification, the Police Chief or Fire Chief may inspect an alarm site and alarm system of a Permit Holder during regular business hours. Section 18.49. Suspension of Permit for Non Payment. The Director must suspend or refuse to renew an alarm system permit for failure to pay any assessment service fee. Section 18.50. Denial or Suspension Notice and Appeal. (1) If the Director denies the issuance of 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 setting forth the reason for such action and advising the applicant or Permit Hol.der of the right to an appeal. The applicant, ar Permit Holder, may appeal the deci- sion of the Director to the Municipal Court of the City of Paris by filing with the said Court a written request for a hearing, setting forth his objections to the action of the Director, within 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 r.iade by the Municipal Court. If a request for an appeal hearing is not made within the 10 day limit, the action of the Director is final. (2) 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 hear- ing. The Judge of the Municipal Court shall render a written decision setting forth findings of fact and conclusions of law within 30 days after the request for an appea.l hearing is filed. Such decision shall affirm, reverse, or modify the action of the Director and his decision is final. Section 18.51. Requirements of Relay Alarm Business. A person who is engaged in the business of relay- ing alarm notifications to the City shall: (1) Send notification of an alarm to the City by an individual; (2) Keep his busines5 premises locked and secured at all times; (3) Allow an inspection of his business premises by authorized agents of Police Chief, or Fire Chief, at any time; (4) Report alarMS only to a telephone number, or numbers, designated by the City; (5) Send alarm notifications to the City 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. Section 18.52. Requirement of Alarr.z Systems Using Telephone System. (1) A Permit Holder whose alarm system transmits automatic alarm notifications, other than alarm noti- fications 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; (b) Transmit over telephone lines designated for such use; (c) Design his system so that it will notify the Permit Holder, or his designated agent iden- tified on the perMit application, when an alarm is transmitted to the City; (d) Furnish the City 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 18.53. Requirement Peculiar to Financial Institutions. (1) A financial institution may install, with the permission of the Police Chief, 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 shall execute a letter of agreement with the City permitting the installation of all necessary equipment on an indicator panel located in the communications division of the Police Department. The installation must be accomplished at the institution's expense. (2) The Letter of Agreement shall contain pro- visions granting a right of inspection to the Police Chief, requiring proper maintenance and repair of the equipment, and requiring payment of an annual, non- refundable fee of $100.00 for each indicator installed. The rights of a financial institution under such Letter of Agreement with the City are not transferable. In addition to the matters set forth herein above, the Letter of Agreement shall include, but not be limited to, the following: (a) 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. (b) The financial institution shall, at its expense, provided service for the alarm system at the request of the financial institution or the Chief of Police. In no event shall the City become liable for service charges for repairs and maintPnance of any such alarm system. (c) The financial institution may cancel its Letter of Agreement with the City at any time by giving written notice thereof to the Police 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. (3) A financial institution may report burglaries and robberies by transmission through an alarm report- ing service using a telephone number designated by the Police Chief_." Section 2. It is hereby declared to be the inten- tion of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 3. Any person violating any of the pro- visions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violatian of the above enumerated section shall constitute and be deemed a separate offense. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. This ordinance shall becoMe effective on May 1, 1985. Passed and adopted this 15th day of April, 1985. at~-e~ luttv J e Gra am, Mayor ATTEST: Mattie Cunning am, Ass stant ity Clerk APPROVED AS 0 FORM: f 77 K, aynes, ity ttorney