18-ALARM ORDINANCE�zemo�andunz
TO: City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: ALARM ORDINANCE
DATE: March 11, 2013
BACKGROLJND: Burglary and robbery alarms are considered an asset to the prevention of
criminal activity. Unfortunately, false alarms become a burden to the resources of law
enforcement for the entire community.
In 1985, the city council enacted an ordinance regarding emergency alarm systems in the city of
Paris. The ordinance provided for a permitting process, a permit fee, a certain number of alarms
to be responded to before being charges being assessed for that response. The ordinance
encompassed fire, EMS and police response to emergency alarms and was administered by the
fire department. There were complaints about the ordinance from the business community and
evidently the enforcement and adherence to the ordinance waned. There has not been any
enforcement of the ordinance that I am aware of for the past 25 or so years.
STATUS OF ISSUE: An amended ordinance was brought before the council on February 25tn
The council directed a committee be formed and bring back a revised ordinance by the council
meeting on March 25th. Those that spoke against the amended ordinance were invited to join the
committee and Councilwoman Cleonne Drake volunteered to head the committee.
A meeting was held on March 7�" with local business owner Jeff Martin, Advance Alarm owner
Zach Blount, Asst. Chief Randy Tuttle, Chief Hundley and Ms. Drake in attendance. Mike
Boswell who owns Electron Security was invited but would not be able to attend for two and a
half weeks.
The attached revised ordinance was the result of this meeting. Here is a list of bullet points of
changes to the ordinance of February 25tn:
• Alarms are required to be registered with the police department, but no fee is charged.
(No Change.)
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• There are exceptions for false alarms that include severe weather induced alarms, actual
criminal activity, power outages or the alarm is cancelled before police units arrive on
the scene. (This changed from the alarm being cancelled before police units were
dispatched.)
• The alarm registration holder is allowed twelve (12) false alarms in a 12 month calendar
period not including any of the excepted false alarms. (Changed from S, and a calendar
range instead of a`rolling 12 month period')
• Upon the 13th false alarm response, the alarm site is declared a nuisance alarm and the
alarm registration holder is notified of the designation. (Change from 10)
• A response fee of $50 is charged for the 13th alarm and for each alarm thereafter until
the total number of false alarm responses reaches 20 or the alarm permit holder fails to
pay any accessed fee. (The different fees for commercial vs. residential have been
changed to a$50 fee for either along with the determination of a nuisance alarm being
at 20)
New additions/deletions to the ordinance:
• Robbery Alarms have been removed from the ordinance in totality. (These alarms
average 80 per year and are not a significant waste or resources vs. the propensity for
violence against a person.)
• Alarm permit holders may appeal a false alarm to the director.
• Weekends were added when an alarm is malfunctioning.
• Effective date allows for notification of alarm holders. This date will be requested to be
June 1, 2013.
• Continuing evaluation allows council to determine if the ordinance is actually reducing
the number of false alarms in 2 years.
The group suggested a public hearing for business owners to be notified of the ordinance before
the vote was taken.
BUDGET: There will be additional work for the department if this ordinance is amended. We are
hoping that the consequences of allowing multiple false alarms will limit the number of alarm
sites that the department has to contend with by use of this ordinance. The ordinance asks that
any fees generated from this ordinance be deposited in a line item in the department for
personnel costs. These additional duties will be absorbed by existing personnel.
RECOMMENDATION: A motion to amend the ordinance as presented in this revision to the
council is recommended.
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Draft
ORDINANCE NO.
AN ORDINAIVCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE II. EMERGENCY ALARM SYSTEMS OF CHAPTER 21
MISCELLANEOUS OFFENSES AND PROVISIONS, OF THE CODE OF ORDINANCES
OF THE CITY OF PARIS, TEXAS TO ENACT A NEW EMERGEIVCY ALARM
REGISTRATION PROCESS AND NUISANCE ALARM REGULATIONS; AND MAKING
OTHER CHANGES RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Emergency Alarm Systems Permitting Process as originally adopted over
twenty- five (25) years ago was set up to be administered by the Paris Fire Department, but over
time has become more of an issue for the Police Department; and
WHEREAS, the Paris Police Department is dispatched to over 2,000 non-fire alarm calls per
year, of which ninety-five percent (95%) are false alarms; and
WHEREAS, the majority of the false alarm calls are generated by a hand full of businesses
that are not properly maintaining their alarm systems; and
WHEREAS, a significant amount of police officer patrol time is wasted responding to false
alarms and this cost should be redirected to those repeat violators that fail to properly maintain
their alarm systems; and
WHERAS, the City Council hereby finds that it would be in the best interest of the City and
its citizens to charge a police department response fee to those businesses or residents that have
more than twelve unexcused false alarms calls in a twelve month period.
NOW, THEREFORE, BE IT ORDAIIVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Chapter 21 Article II. Emergency Alarm Systems of Chapter 21
Miscellaneous Offenses of the Code of Ordinances of the City of Paris, Texas, be, and the same is
hereby, amended to read in its entirety as follows:
"ARTICLE II. Emergency Alarm Systems
Sec.21-26. Definitions.
The following words and terms, as used herein, have the meanings respectively ascribed to them,
as follows:
Alarm system. An electrical or electric mechanical device or system which transmits a signal
intended to summon police to a burglar or robbery alarm. Alarm system does not mean an alarm
installed on a vehicle, unless used for a habitation at a permanent site, or an alarm designated to
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alert only the inhabitants within a premise, but does include an alarm that emits an audible signal
on the exterior of a structure.
Alarm Installation Company means a Person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site.
This definition shall also include individuals or firms that install and service the Alarm Systems
that will be used in their private or proprietary facilities. This does not include persons doing
installation or repair work where such work is performed without compensation of any kind (i.e.,
"do-it-yourselfers").
Alarm site. A premises or location served by an alarm system.
Alarm Registration Holder. The person responsible for the alarm site and responsible for
compliance with this ordinance.
Burglar alarm notification. A 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. The duties of the Director shall be performed by the chief of the police department or
his designee.
DIY Alarms. "Do it yourselfl' alarm systems that either directly dials the police department or
causes a telephone call to be made to the police department has to meet all requirements and
responsibilities of this ordinance.
False burglar alarm notification. 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.
Financial institution. An institution required to have an alarm system by the provisions of the
Bank Protection Act of 1968 (12 USC Section 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.
Nuisance Alarm. A false burglary alarm that is answered more than 12 times in a 12 month
period.
Person. An individual, corporation, partnership, association, organization, or two (2) or more
persons having a joint or common economic interest.
Sec. 21-27. Registration--Requirements.
(a) A person commits an offense if he installs, operates or causes to be operated an alarm
system other than a local alarm without registering the alarm with the Director. A separate
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registration is required for each alarm site and each type of alarm system as hereinabove defined
at each site.
(b) Upon receipt of the completed registration form, the Director shall cause the information to
be entered into the Department's data base in the department's records management system.
(c) Each registration 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 article. Each registration 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 city's police department or alarm monitoring service at any time and to
come to the alarm site within twenty (20) minutes after receiving such notification.
(d) An alarm registration cannot be transferred to another person. However, the individual
designated to respond to an alarm or relay an alarm may be changed. An alarm registration
holder must inform the Director of any change that alters information listed on the alarm
registration.
Sec. 21-28. Alarm Registration -Holder's responsibilities.
(a) An alarm registration holder is allowed twelve (12) false burglar alarms in a 12 month
calendar period with exception of any false alarm as defined in Section 21-32. Upon a response
to the 12th burglar alarm, the Director will notify the alarm registration holder that the allowable
alarm limit has been reached and any additional responses will be made with a fee charged.
Any response to a subsequent false burglar alarm will result in a response fee of $50.00 for each
response.
(b) An alarm registration holder must pay any service fee assessed under the provisions of this
section within forty-five (45) days after receipt of a mailed notice that it has been assessed by the
Director.
Sec. 21-29. Nuisance Alarm
(a) An alarm system shall be deemed a nuisance alarm after twelve (12) false alarms in a
twelve-month period, not including those excepted in section 21-32 of this ordinance. Each
subsequent response to an alarm not excepted under Section 21-32 shall cause a fee of $50.00 to
be charged to the alarm registration holder.
(b) A person commits an offense if he continues to operate a nuisance alarm system that has
more than 19 false alarms in a 12 month period or if the person fails to pay any response fees
within 45 days of a mailed notice. A complaint alleging violation of this ordinance will be filed
in the Municipal Court of the city of Paris upon the 20�' false alarm which is a non-excepted
alarm.
Sec. 21-30. False alarm exceptions.
(a) The Director shall not consider an alarm notification to be false if he determines that the
alarm was caused by:
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(1) A natural or man-made catastrophe;
(2) Severe weather that causes power interruption to or physical damage to the
premises;
(3) Any attempted or completed criminal act;
(4) The alarm is cancelled before police units arrive at the location.
(b) The alarm registration holder may appeal any alarm declared as false to the Director.
Factual evidence is required for the alarm to be declared excepted. The determination of the
Director in classifying an alarm notification as false or actual is final.
(c) An alarm that is initiated more than once over a 24 hour period or in a 48 hour period
involving Saturday and Sunday shall be considered one (1) false alarm.
Sec. 21-31. Alarm requirements.
(a) An alarm registration holder must:
(1) Adjust or modify the sensory mechanism of his 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 or vibrating of doors or windows;
d. Vehicular noise adjacent to the installation; or
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 fifteen
(15) minutes after being activated;
(2) Display in a prominent exterior location an identification notice with the name and
phone number of two (2) or more responsible persons to be called; and
(3) Come to the alarm site within twenty (20) minutes after receiving a request from a
member of the City's police department to do so, and grant access to the site and
deactivate the alarm if necessary.
(c) In the event that a mechanism sounds an alarm signal for longer than twenty (20) minutes
after being activated, the police chief or their designated representatives are authorized to call the
any professional alarm installation company 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 shall be paid to
the City within thirty (30) days after the operator has received notice that such costs have been
assessed. By submitting an alarm registration under the provisions of this article 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.
Sec.21-32. Alarm Companies License. All Alarm Installation Companies and Monitoring
Companies, who install, maintain service or monitor robbery and burglar alarm systems in the
City of Paris shall maintain a License through the Texas Deparhnent of Public Safety Private
Security Bureau. (Ref. Occupations Code Sec. 1702.102).
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Sec.21-33. Effective Date. The effective date of this ordinance will be January 1, 2014.
Sec.21-34. Continuing evaluation. Before the second anniversary of the adoption of this article,
the city council shall:
(1) Review the article's effect on the number of false alarms reported to the police
department;
(2) Conduct public hearings on the need to continue the article; and
(3) Abolish, continue, or modify the article.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in
full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending under or
by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing
or to accrue, or as affecting any rights of the municipality under any section or provisions of any
ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial
invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any
other portion of this ordinance.
Section 6. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED this 8th day of April, 2013.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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A.J. Hashmi, M.D., Mayor