HomeMy WebLinkAbout17742 ORD - 07/27/1983AN ORDINANCE
PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF A.PERMIT
TO ANY PERSON WHO OPERATES OR CAUSES TO OPERATE CERTAIN
ALARM SYSTEMS; PROVIDING FOR SERVICE FEES FOR CITY
RESPONSES TO EXCESSIVE FALSE ALARMS; PROVIDING FOR
REVOCATION OF PERMITS; APPEAL FROM SERVICE FEE, DENIAL OR
REVOCATION OF A PERMIT; PROVIDING STANDARDS FOR ALARM
PROTECTIVE SERVICES AND ALARM SYSTEM OPERATION; PROVIDING
AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. DEFINITIONS - For the purposes of this ordinance the
following definitions shall apply unless the content requires a different
definition:
(a) Alarm Protective Service shall mean any service whereby the
person providing such service installs, services, repairs, maintains, sells,
replaces, or responds to an alarm system or which causes any of the
activities to take place. For the purposes of this article, alarm protective
services shall not include any persons engaged solely in the sale of alarm
systems designed to cause an audible and/or visual signal to be emitted only
in or on the premises in which the system is installed.
(b) Alarm Site shall mean a single premises or location (one
street address) served by an alarm system or systems that are under the
control of one owner.
(c) Alarm System shall mean any assembly of equipment, device or
devices arranged to signal the presence of a hazard requiring urgent
attention and to which police are expected to respond. The term alarm system
shall include the terms automatic holdup alarm system, burglar alarm system,
holdup alarm system, and manual holdup alarm system as those terms are
herinafter defined.
For the purposes of this article an alarm system shall not include:
(1) Fire alarm systems and other alarm systems that monitor
temperature, humidity, or any other condition not directly related to the
detection of an unauthorized intrusion into a premises or an attempted
robbery at a premises.
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MICROFILMED
(2) An alarm system installed upon the premises occupied by the
United States Government, the State of Texas, the City of Corpus Christi, or
any county government or school districts situated within the corporate
limits of the City of Corpus Christi.
(3) An alarm system installed on a motor vehicle.
(d) Alarm System User shall mean the owner, agent or person in
control of the property on which an alarm system or systems is maintained
within the corporate limits of the City of Corpus Christi.
(e) Automatic Dialing Device shall mean an alarm system which
automatically sends aver regular telephone lines, by direct connection or
otherwise, a pre-recorded voice message or coded signal indicating the
existence of the emergency situation that the alarm system is designed to
detect.
(f) Automatic Holdup Alarm System shall mean an alarm system in
which the signal transmission is initiated by the action of a robber.
(g) Burglar Alarm System shall mean an alarm system signaling an
entry or attempted entry into an area protected by the alarm system.
(h) False Alarm shall mean any activation of an alarm system
through mechanical or electronic failure, malfunction, improper installation,
negligence of the owner, agent, or person in control of the property or any
other such activation which is not a result of an emergency or threat of
emergency for which the alarm system was designed to give notice and which
the responding police officer finds no evidence of any criminal activity.
For the purposes of this article, false alarm shall not include:
(1) Any activation of an alarm system which is caused by
hurricanes, tornadoes, earthquakes, or gale force winds or higher.
(2) Any activation of an alarm system to which the response by the
Police Department is cancelled by either the alarm protective service or the
alarm system user prior to arrival of responding police officer at the
property on which the alarm system causing the response is located.
(i) Holdup Alarm System shall mean an alarm system signaling a
robbery or attempted robbery.
(j) Manual Holdup Alarm System shall mean an alarm system in which
the signal transmission is initiated by the direct action of the person
attacked or by an observer of the attack.
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(k) Permit shall mean a certificate of authorization issued by the
Police Department to the owner, agent, or person in control of the property
which authorizes the operation of an alarm system or systems at an alarm
site.
(1) Permit Holder shall mean any individual, corporation,
partnership or other legal entity to whom an alarm system permit is issued.
(m) Person shall mean any individual, corporation, partnership or
other legal entity.
(n) Thirty minute shut-off shall mean an automatic device
associated with an alarm system which automatically causes the alarm to shut
off and discontinue the emission of an audible signal after a period of time
not to exceed thirty (30) minutes of continuous operation.
SECTION 2. PERMIT APPLICATION; ISSUANCE.
(a) No person shall operate, cause to be operated, or permit the
operation of an alarm system or systems at an alarm site unless a valid
permit has been issued by the Police Department for such system. This
requirement shall not be applicable to an alarm protective service unless the
alarm protective service is the owner, agent, or person in control of the -
property which the alarm system is designed to protect. An alarm system user
shall be in violation of this ordinance if he permits the operation of such
system without a proper permit.
(b) An alarm system user or his agent shall obtain a permit for
each alarm site.
(c) Application for a permit for the operation of an alarm system
or systems at an alarm site shall be made with the Police Department by the
owner, agent, or person having control over the property on which the alarm
system is to be installed and operated. Application shall be made in writing
on a form designated by the City. On such application form, the applicant
shall set forth:
(1)
The name, address, and telephone number of the owner, agent,
or person in control of the property to be protected,
(2) The street address of the property on which the alarm system
is to be installed and operated,
(3) A brief description of the type of property to be protected
(i.e. commercial, residential, or industrial, etc.),
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(4) Any business name or title used for the premises on which
the alarm system is to be installed and operated,
(5) Name, address, and telephone number of the alarm protective
service or person who will install and service the alarm
system,
(6) Names and telephone numbers of one (1) or more persons who
are able to and have agreed to receive notification at any
time from the Corpus Christi Police Department in order to
deactivate the alarm system if it becomes necessary,
(7) Any other pertinent information required by the Corpus
Christi Police Department which is necessary for the
enforcement of the ordinance.
(d) The Police Department shall issue a permit to the individual,
corporation or other legal entity in control of the property to be protected
upon submission in person or by mail of a completed application and payment
of the appropriate fee, unless any statement made on the application is
incomplete or false.
(e) The Police Department shall treat all information on the
application as confidential.
(f) Any permit issued pursuant to this ordinance shall be
applicable only to the permit holder and is not transferable.
(g) Each permit issued to an alarm system user shall be valid
until such time as one of the following occurs:
(1) Control of protected property is transferred from the permit
holder.
(2) Permit holder voluntarily discontinues services provided by a
particular alarm protective service, and/or disconnects the
alarm system.
(3) Revocation of the permit by the Police Department pursuant to
Section 4.
(h) The fee for a permit issued pursuant to this article shall be
$10.00.
ALARMS.
SECTION 3. SERVICE FEE FOR CITY RESPONSES TO EXCESSIVE FALSE
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(a) Except as otherwise provided in subsection (b), the City of
Corpus Christi will assess a service fee of $30.00 to the permit holder for
each response by the City to notification of activation of an alarm system
which is determined to be a false alarm as defined by Section 1, Subsection
(h) in excess of eight (8) false alarms within any twelve (12) month period.
(b) If a person notifies the Police Department and applies for a
permit before the new alarm system is put in operation, no service fee will
be assessed during the first 45 days after issuance of a permit and any
activation of an alarm system which causes a response by the Police
Department during that period will not be counted in determining when a
service fee will be assessed.
(c) A permit holder will not be assessed a service fee for a
response to. notification of the activation of an alarm system if the permit
holder shows to the Police Chief or his designated representative that the
activation was not a false alarm and any response by the Police Department to
such notification of an alarm system will not be included in determining the
service fee set out above. For the purposes of determining the service fee
set out above, the burden shall be on the permit holder to prove that the
activation of the alarm system was not a false alarm.
SECTION 4. REVOCATION OF PERMITS.
(a) The Chief of Police may revoke an alarm system permit if he
determines that:
(1) There is a false statement of a material matter on the
application for a permit;
(2) The permit holder has violated this ordinance or any of its
provisions; or
(3) The permit holder has failed to make timely payment of a
service fee assessed under Section 3.
(b) It shall be unlawful for any person to operate an alarm system
during the period in which his alarm permit is revoked.
SECTION 5. APPEAL FROM SERVICE FEE, DENIAL OR REVOCATION OF A
PERMIT.
(a) Any permit holder aggrieved by the decision to assess a
service fee by the Chief of Police or his designated representative as
provided for in Section 3, Subsection (c) may appeal the decision to the City
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Manager by filing with the City Manager a written request for a hearing,
setting forth the reasons for the appeal within 10 days after the Chief of
Police or his designated representative renders the decision. The filing of
a request for an appeal hearing with the City Manager stays an action of the
Chief of Police in assessing a service fee until the City Manager or his
designated representative makes a final decision. If a request for an appeal
hearing is not made within the 10 day period, the action of the Chief of
Police or his designated representative is final.
(b) If the Chief of Police refuses to issue or revokes a permit,
he shall send to the applicant or permit holder by certified mail, return
receipt requested, written notice of his action and a statement of the right
to an appeal. The applicant or permit holder may appeal the decision of the
Chief of Police to the City Manager by filing with the City Manager a written
request for a hearing, setting forth the reasons for the appeal, within 10
days after receipt of the notice from the Chief of Police. The filing of a
request for an appeal hearing with the City Manager stays an action of the
Chief of Police in revoking a permit until the City Manager or his designated
representative makes a final decision. If a request for an appeal hearing is
not made within the 10 day period, the action of the Chief of Police is
final.
(c) The City Manager or his representative shall serve as hearing
officer at an appeal and consider evidence by any interested person. The
formal rules of evidence do not apply at an appeal hearing; the hearing
officer shall make his decision on the basis of a preponderance of the
evidence presented at the hearing. The hearing officer must render a
decision within 30 days after the request for an appeal hearing is filed.
The hearing officer shall affirm, reverse, or modify the action of the Chief
of Police. The decision of the hearing officer is final as to administrative
remedies with the City.
SECTION 6. STANDARDS FOR ALARM PROTECTIVE SERVICES AND ALARM
SYSTEM OPERATION.
(a) The Chief of Police may set reasonable standards and
procedures to be followed by any alarm protective service when giving notice
to the Police Department of activation of an alarm system. Such standards
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and procedures shall be set out in writing and made available to any alarm
system business requesting same.
(b) No person shall operate or cause to be operated any automatic
dialing device which when activated uses a telephone device or attachment to
automatically select a telephone line leading into the communication center
of the Police Department and then transmits any prerecorded message or
signal.
(c) All alarm systems which emit an audible sound shall have a
thirty (30) minute shut-off.
SECTION 7. Provision of this ordinance shall take effect 120 days
after final passage and publication.
SECTION 8. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 9. Any person, firm or corporation violating the terms and
provisions of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction, shall be fined a sum not to exceed $200.00.
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N TICE OF PASSAGE
F ORDINANCE NO 17742
ROVIDING DEFIN'1•
TIONS; PROVIDING—FOR
ISSUANCE OF A PERMIT
TO''ANY PERSON WHO
OPERATES OR CAUSES y
TO ,OPERATE CERTAIN
c
ALARM SYSTEMS, PRO- d
FEFFORSERVICE
CITY
RESPONSES EXCES-
SIVE FALSEO ALARMS;
PROVIDING FOR REVD-
CATiION OF PERMITS;
APPEAL FROM SERVICE
FEE'CAT�ONOF A
DENIAL PERMIT;
PROVIDING STANDARDS
FORT ALARM PROTEC-
TIV,E,SERVICES AND
SYSTEMTION;A PROVIDINGRAAN
EFSF.ECTIVE DATE OF 120
DAYS AFTER PUBLICA-
TION; PING A
SEVERANCEV CDLIAUSE;
AND PROVIDING A PER-
NALTY.
Was passed and approved
the
City of Corpus the City oChristiuncil ifTex-
1903. The full the 27th text of of Jsalld
public°B
ice ce the s available
aice of the
City Secretarys Bill G.-Read
Oty Secretary
- Corpus Christi, Texas
That the foregoing ordinance wa read for t"• first time and p ssed to its
/
second reading on this the -ay of � !� , 19 dO , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance wapjread for
third reading on this the o?` Cay of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the fore ofpg ordinance
on this the s°11day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
nd time and p sed to its
, 19, by the
as read for the d time and passed finally
, 19 6_9, by the following vote:
PASSED AND APPROVED, this the a7 day of
ATTEST:
C Secretary ��
APPROVED:
1 DAY OF
J. BRUCE)AYCOCK, C
ByAssistant C.
, 19 '3:
Y ATTORNEY
y At orn (y
arK
9s3 -
MAYOR
17742
THE C T Y OF CORPUS CHRISTI, TEXAS
1119-7:1
PUBLIgH.R'S AFFIDAVIT
STATE OF TEXAS, tss:
County of Nueces.
AD#12183
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came. ____....
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 17742...
of which the annexed is a true copy, was published in �A..T�LEi3�S..PIIRT,TSg,EQ,__
on the 4 th day of .11uau_st 19»fly.., and once each. clay_ thereafter for...._... one_, ,
consecutive...._...... daY......_....»..»....»....»
One Times
$ 39.60 GRACIE DE LUNA
ADM. ASST. SECRETARY
Subscribed and savors to before me this 5th day
EUGENIA S. CORTEZ N6tary Public, Nueces County,
0 Au3ust 19 83
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