HomeMy WebLinkAboutOrdinance No. 2003-01 TITLE: AN ORDINANCE IMPOSING FEES FOR RESPONDING TO FALSE FIRE
ALARMS
ORDINANCE NO. j 2003-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY STRIKING ALL OF ARTICLE V
OF CHAPTER 54 THEREOF AND SUBSTITUTING THEREFOR A NEW
ARTICLE V; PROVIDING RULES AND REGULATIONS GOVERNING
THE USE AND MAINTENANCE OF FIRE ALARM SYSTEMS;
PROVIDING FOR THE IMPOSITION OF FEES FOR EXCESSIVE
FALSE ALARMS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT HEREWITH.
* * * * * * * * * * * *
WHEREAS, the Friendswood Volunteer Fire Department is frequently called to respond
to alarms activated because of the detection of smoke or fire; and
WHEREAS, many of these calis are false alartns in response to electronic or other
automated alarm systems; and
WI�REAS, such electronic or automated alarm systems can be triggered by poor
maintenance, owner negligence or other preventable circumstances, causing significant expense
and exertion of manpower for the Friendswood Volunteer Fire Department; and
WHEREAS, the City Council of the City of Friendswood desires to provide for
reimbursement to the City for certain costs incurred in responding to false alarms; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by deleting all of Article V of Chapter 54, which Article V provides as follows:
"[ARTICLE V.
Sec. 54-81. Definitions. For the purposes of this Article, the following words,
terms, and phrases shall have the meanings ascribed thereto unless the context
clearly indicates otherwise.
Alarm System shall mean a device or system that transmits a signal intended to
summon police of a municipality in response to a burglary. The term shall
include an alarm that emits an audible signal on the exterior of a structure. The
term does not include an alarm installed on a vehicle, unless the vehicle is used
for a habitation at a permanent site, or an alarm designed to alert on the
inhabitants within the premises.
Alarm Notification sha11 mean a notification intended to summon the Police/Fire
Department, which is designed either to be initiated purposely by a person or by
an Alarm System that responds to a stimulus characteristic of unauthorized
intrusion.
Hold-up Alarm System shall mean a device or system which transmits a signal
intended to summon aid from the Police Department in case of robbery or
personal duress. The term Alarm System shall not include a system installed on a
vehicle or a system designed to alert only the person within a premises, which
does not emit a signal visible or audible outside of the premises.
Alarm User shall mean any owner or occupant of premises within the City of
Friendswood where an Alarm System is maintained.
False Alarm Notification sha11 mean an alaxm notification to the Police
Department when the responding personnel find no evidence of robbery, burglary,
personal duress, or attempted robbery burglary, or personal duress. False Alarm
Notification shall include the activation of an Alarm System through mechanical
or electronic failure, malfunction, improper installation, or the negligence of the
owner or lessee of an Alarm System or of their employees or agents, except that
the following shall not be considered false alarms for purposes of this ordinance:
1. An Alarm Notification caused by the failure or the malfunction of the
monitoring equipment located in the Police Department or other Department
designated site;
2. An Alarm Notification caused by an act of God such as hurricane, tornado or
earthquake;
3. An Alarm Notification occurring on a repeated basis without apparent cause
but where continuous and decided effort, in the reasonable opinion of the
Police Department, is being made jointly by the installer or manufacturer of
the Alarm User for installation or servicing, and any other concerned person
to correct the malfunction expeditiously and in good faith;
4. An Alarm Notification caused by an attempted illegal entry, of which there is
visible evidence, illegal entry, or other demonstrable criminal activity;
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5. An Alarm Notification intentionally caused by a person acting under a
reasonable belief that a need exists to call the Police Department;
6. An Alarm Notification followed by an immediate call to the Police
Department canceling the alarm by giving the proper code number, such call
having been made prior to the arrival of the Police Department at the site from
which the Alarm Notification was originated; and
7. An Alarm Notification resulting from the servicing of an Alarm System when,
prior to such repair or service, the Alarm User or his agent has notified the
Police Department that the alarm System will be repaired or serviced on the
particular date and time of the Alarm Notification.
Sec. 54-82. Fee for Response to False Alarms. A fee of Fifty Dollars ($50.00)
shall be imposed for the signaling of a False Alarm Notification by an Alarm
System if at least five other alarms have occurred during the preceding twelve-
month period. The fee shall be imposed on the Alarm User.
Sec. 54-83. A fee of One Hundred Dollars ($100.00) shall be imposed for the
signaling of a False Alarm Notification by a Hold-up Alarm System if at least two
other alarms have occurred during the preceding twelve-month period.
Sec. 54-84. The City may not consider a False Alarm Notification to have
occurred unless a response is made by the Police Department within 30 minutes
of the alarm notification, and the Department determines from an inspection of
the interior or exterior of the premises that the alarm was false.]"
and substituting therefore a new Article V of Chapter 54 to provide as follows:
"ARTICLE V. ALARM SYSTEMS
Division I. General Provisions
Sec. 54-81. Definitions. Far the purposes of this Article, the followin� words
terms, and phrases shall have the meanin�s ascribed thereto unless the context
clearly indicates otherwise.
Alarm Svstem shall mean a device or svstem that transmits a signal intended to
suinmon police or fire department personnel in response to a bur�ary or fire as
applicable. The term shall include an alarm that emits an audible signal on the
exterior of a structure. The term shall not include an alarm installed on a vehicle.
unless the vehicle is used for a habitation at a permanent site or an alarm
desi�ned to only alert inhabitants within the premises.
Alarm Notification shall mean a notification intended to summon the Police
and/or Fire Department which is desi�ned either to be initiated purposelY b�
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person or by an Alarm System that responds to a stimulus characteristic of
unauthorized intrusion.
Hold-up Alarm Svstem shall mean a device or svstem which transmits a si�nal
intended to summon aid from the Police Department in case of robbery or
personal duress. The term Alarm Svstem shall not include a svstem installed on a
vehicle or a system desi�ned to alert onlv the person within a premises, which
does not emit a si�nal visible or audible outside of the premises.
Alarm User shall mean any owner or occupant of premises within the City of
Friendswood where an Alarm System is maintained.
False Alarm Notification shall mean an alarm notification to the Police
Department when the respondin�personnel find no evidence of robberv, burglar�
personal duress, or attempted robberv burglarv, or to the Fire Department when
the respondin� personnel find no evidence of fire, personal duress, or other
emergencv. False Alarm Notification shall include the activation of an Alarm
System through mechanical or electronic failure, malfunction, improper
installation, or the ne�gence of the owner or lessee of an Alarm System or of
their employees or agents, except that the following shall not be considered false
alarms for purposes of this ordinance:
1. An Alarm Notification caused bv the failure or the malfunction of
the monitorin�equipment located in the Police Department, Fire
Department, or other designated site;
2. An Alarm Notification caused by an act of God such as hurricane,
tornado or earthquake;
3. An Alarm Notification occurring on a repeated basis without
ap�arent cause but where continuous and decided effort, in the
reasonable opinion of the Police Department or Fire Marshall, as
applicable, is bein made jointly by the installer or manufacturer of
the Alarm User for installation or servicing and any other
concerned person to correct the malfunction expeditiously and in
good faith;
4. An Alarm Notification caused bv an attempted ille a�l entrv of
which there is visible evidence, ille ag 1 entrv or other demonstrable
criminal activitv;
5. An Alarm Notification intentionally caused by a person actin�
under a reasonable belief that a need exists to call the Police and/or
Fire Department, as a�plicable;
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6. An Alarm Notification followed by an immediate call to the Police
and/or Fire Department, as applicable, canceling the alarm by
givin��the proper code number, such call having been made prior
to the arrival of the Police and/or Fire Department, as a�plicable, at
the site from which the Alarm Notification was ori�inated; and
7. An Alarm Notification resultin� from the servicin� of an Alarm
System when, prior to such repair or service, the Alarm User or his
a�ent has notified the Police and/or Fire Department, as applicable
that the alarm System will be repaired or serviced on the particular
date and time of the Alarm Notification.
Division 2. Police Alarms
Sec. 54-91. Fee for Response to False Alarm / Police Department. A fee of Fiftv
Dollars ($50.00) shall be imposed for the signaling of a False Alarm Notification
bv an Alarm System if at least five other False Alarm Notifications have occurred
during the preceding twelve-month period. The fee shall be imposed on the
Alarm User.
Sec. 54-92. A fee of One Hundred Dollars ($100.00) shall be imposed for the
si n� aling of a False Alarm Notification bv a Hold-up Alarm System if at least two
other False Alarm Notifications have occurred during the preceding twelve-month
ep riod•
Sec. 54-93. The City shall not consider a False Alarm Notification to have
occurred unless a response is made bv the Police Department within 30 minutes
of the alarm notification, and the Department determines from an inspection of
the interior or exterior of the premises that the alarm was false.
Division 3. Fire Alarms
Sec. 54-101. Fee for Response to False Alarm / Fire Department. A fee of Three
Hundred Dollars ($300.00) shall be imposed for the si nalin� of a False Alarm
Notification by an Alarm Svstem if at least five other False Alarm Notifications
have occurred during the precedin� twelve-month period. The fee shall be
imposed on the Alarm User.
Sec. 54-102. The Citv shall not consider a signal of a False Alarm Notification to
have occurred unless a response is made by the Fire Department and the
Department determines from an inspection of the interior or exteriar of the
premises that the alarm was false."
Section 2. All ordinances or parts of ordinances inconsistent or in conflict herewith
are,to the extent of such inconsistency or conflict, hereby repealed.
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Section 3. In the event any clause phrase, provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 6tb day of January,2003.
PASSED, APPROVED, and ADOPTED on second and fmal reading this 20th day of
January,2003.
,
/
,�L
Harold L. Whitaker
Mayor
ATTEST:
.
De oris McKenzie, TRM
City Secretary
MOTION : COUNCILMEMBER MEL MEASELES
2ND : COUNCILMEMBER KITTEDI BRIZENDINE
APPROVED : UNANIMOUSLY
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