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