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HomeMy WebLinkAboutOrdinance No. 2002-28 (Title: An Ordinance providing for fees in the event of excessive false burglar and other alarms, defining alarms and other terms and repealing all other inconsistent ordinances). ORDINANCE NO. 2002-28 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO CHAPTER 54 THEREOF A NEW ARTICLE V; PROVIDING RULES AND REGULATIONS GOVERNING THE USE AND MAINTENANCE OF BURGLAR AND OTHER 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 Police Department of the City of Friendswood is frequently called to respond to alarms activated because of potential burglary or situations of personal duress; and WHEREAS, many of these calls are false alarms in response to electronic or other automated alarm systems; and WHEREAS, 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 Police 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 adding to Chapter 54 thereof a new Article V to provide as follows, to wit: "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 shall 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 shall mean an alarm 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; 2 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 occuned 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." Section 2. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 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 2"d day of December, 2002. 3 PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of December, 2002. Harold L. Whitaker Mayor ATTEST: . � , Deloris McKenzie, TRMC City Secretary 4