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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.) �_ 53 • 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. 54 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 55 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 �� 5f 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: 5'7 (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). � 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 �� 7' A.J. Hashmi, M.D., Mayor