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2013-014 AMENDING ARTICLE II EMERGENCY ALARM SYSTEMS OF CHAPTER 21ORDINANCE NO. 2013-014 AN ORDINANCE 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 EIVACT 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 ORDAINED 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 I[. 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 alann installed on a vehicle, unless used for a habitation at a permanent site, or an alarm designated 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 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 iirms 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 yourself' 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 ofiicer 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 .-. � 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 alartn. 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: � � (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. Alann 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 Department of Public Safety Private Security Bureau. (Ref. Occupations Code Sec. 1702.102). 0 Sec.21-33. Effective Date. The effective date of this ordinance will be June 1, 2013. 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. as required by law. That this ordinance shall become effective June 1, 2013 and after publication PASSED AND ADOPTED this 8th day of April, E°►TTEST: , nice Ellis, City Clerk APPROVED AS TO FORM: � � i/I'l�` �._ �►�� : � ,�, / ,