HomeMy WebLinkAbout021464 ORD - 08/25/1992AS AMENDED ON
THIRD READING
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 3 1/2, ALARM SYSTEMS,
REGARDING REGULATION OF ALARM SYSTEMS INCLUDING PERMITS, FESS, FALSE
ALARMS, AUTOMATIC SHUTOFF, DUTIES AND LIABILITIES AND RELATED
MATTERS PROVIDING FOR SEVERABILITY, PUBLICATION AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 3 1/2, Alarm Systems, is
hereby amended by amending Sections 3 1/2-11, 3 1/2-12, 3 1/2-13, 3 1/2-16,
and adding two new Sections 3 1/2-17 and 3 1/2-18 to read as follows:
Sec. 3 1/2-11. Definitions.
For the purposes of this article the following definitions shall
apply unless the content requires a different definition:
Alarm protective service: 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. F6t/tYtA/16th/f66AAA/61/06fA/A/fikl41/4t4t dt
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Alarm site: A single premises, residence, or location Q6Ad/AtHAAt
Addf'AAA/) served by an alarm system or systems that are under the
control of one owner.
Alarm system: Any assembly of equipment, device or devices arranged
to signal the presence of a hazard requiring urgent attention and to
which police 4t6/67(160044/t6 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 hereinafter 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.
(2) An alarm system installed upon the premises occupied by the
United States Government or the State of Texas.
(3)
An alarm system installed on a motor vehicle.
021464
AS AMENDED ON
THIRD READING
Alarm system user: The owner` /Ai0f /k1 /1kfa'kvi /fni /kkd0k1 of the
property on which an alarm system or systems is maintained within
the corporate limits of the city.
Automatic dialing device: An alarm system which automatically sends
over 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.
Automatic holdup alarm system: An alarm system in which the signal
transmission is initiated by the action of a robber.
Burglar alarm system: An alarm system signaling an entry or
attempted entry into an area protected by the alarm system.
False alarm: 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
6t/t%0Ut/61/k,6ktjkAkj 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/NM aAny activation of an
alarm system which is caused by hurricanes, tornadoes or
earthquakes. 6tlgAlklf6t4k/diA6kl6tlltig4ktl
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Holdup alarm system: An alarm system signaling a robbery or
attempted robbery.
Manual holdup alarm system: 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.
Permit: 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.
Permit holder: Any individual, corporation, partnership or other
legal entity to whom an alarm system permit is issued.
Person: Any individual, corporation, partnership or other legal
entity.
AS AMENDED NED ON
THIRD READING
TLtff Five-minute shutoff: 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 tHLtttIleo) five (5) minutes of continuous operation.
Sec. 3 1/2-12. 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`
e�e4t1/¢f/�¢�'e6A/Ld/66dt)A1 of the property which the alarm system
is designed to protect. An alarm system user shall be in
violation of this article 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 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. 0i/¢i44
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AS AMENDED ON
THIRD READING
(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 article shall be applicable
only to the permit holder and is not transferable.
(g) Each permit issued to an alarm system user shall be valid for
one (1) year from the date of issuance. The permit holder is
required to obtain a renewal permit within 10 days upon expiration.
(h) fid) Each permit automatically becomes void upon the occurrence
of any of the following LU4U /fd /Ad /AtAtuS /A;fAfkd /dA¢t /¢Mitt /}S4
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(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 3 1/2-14.
(i) Each permit holder shall notify the police department of any
change of information, or of any occurrence that voids the current
permit.
(j)M$' The fee for a permit issued or renewed pursuant to this
article shall be ten dollars ($10.00).
Sec. 3 1/2-13. Service fee for city responses.
(a) Except as otherwise provided in subsection (b), the City of
Corpus Christi will assess a service fee of f$ttf�/d¢11A//f$80L00D
fifty dollars ($50.00) to the permit holder for each response by the
City to notification of activation of an alarm system which is
determined to be a false alarm as defined by Section 3 1/2-11, in
excess of five (5) ktj$f/($) false alarms within AAS/f&kt�bk/flZ)
461V$/Wt064 any annual permit period.
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AS AMENDED ON
THIRD READING
/U/ (b) 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.
Sec. 3 1/2-14. 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 privisions; or
(3) The permit holder has failed to make timely payment of a
service fee assessed under section 3 1/2-13.
(b) It shall be unlawful for any person to operate an alarm system
during the period in which his alarm permit is revoked.
Sec. 3 1/2-15. 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 1/2-13, subsection (c), may appeal the decision to the city
manager by filing with the city manager a written request for a hearing,
setting forth the reasons for the appeal within ten (10) days after the
chief of police of 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 ten-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 ten (10) days after receipt of the notice form 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
AS AMENDED ON
THIRD READING
until the city manager or his designated representative makes a final
decision. If a request for an appeal hearing is not made within the
ten-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 an 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 thirty (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.
Sec. 3 1/2-16. 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 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 five
t}i/tt-minute shut-off.
Sec. 3 1/2-17. Promulgation of regulations.
(a) The chief of police may promulgate regulations reasonably
necessary to further the enforcement of this chapter.
Sec. 3 1/2-18. No Duty.
This Chapter 3 1/2 is enacted as an exercise of the city's police
power, and no fee or provision in it shall create any duty of the
City or any of its officers or employees to any person, nor shall
the City or any officer or employee be liable for any action or
inaction associated with an alarm or any activity under said
chapter.
AS AMENDED ON
THIRD READING
SECTION 2. 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 3. Publication shall be made one time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the Ordinance. The amendment to Section 3 1/2-11 to
require five minute shutoff devices shall take effect on September 1, 1994.
Computation of false alarms for purposes of the amendment herein to Section 3
1/2-13 shall start anew upon the effective date of this ordinance. The
effective date of this Ordinance shall be December 1, 1992.
ATTEST:
CITY SECRETARY
APPROVED:/��1/�7�
OI6ZOLDAY OF GL{� ., , 1992
JAMES R. BRAY, CITY ATTORNEY
By: /I
As istanttant
J
MAYOR
CORPUS CHRISTI, TEXAS
That the foregoing ordinance was
reading on this the % day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the foregoing
reading on this the
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
the first time and passed to its second
, 192_, by the following vote:
Ed"ard A. Martin
Joe McComb
Dr. David McNichols (Lt/`/
Clif Moss (61_).
Mary Pat Slavik
ord" ance was re forsecond ti?'x°e and passed to its third
day of({ ( ( , 19012, by the following vote:
%U4
That the foregoing or
the -1-5 day of
nance w.s
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
41,114
1, <151,(nV1
kticAr
read fornthe third time and passed finally on this
, 19( )-, by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
L
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the 2 -Cl) day of (Ji 1�t ±
ATTEST:
OIL f
(w
, 1902--.
City Secretary MAYOR
THE CI SOF CORPUS CHRISTI
APPROVED: / DAY OF S-744 , 19c7 :
JAMES R. BRAY, JR., CITY ATTORNEY
� LL�l1
By
7
r
Assi t City Attorney
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #31815
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021464 which the annexed is
a true copy, was published in the Corpus Christi Caller -Times on
the 31st day of August, 1992.
One Time(s)
$31.90
%fin® .)C 47
Business Office Secreta y
Subscribed and sworn to before me this 15th day
of September 1992.
Xcar, L.
Notary Public, Nueces
My commission expires
7
r
tC,6 -z1 -4-t- A
County, Texas
on 4-24-93
KATHERINE L URBANi^--'K
Notary Public
State of Texas
My Comm. Exp. 4-24-93
NOTICE OF..' . 02146E
AMENDING
THE 021184
INGFORDINANCES, CHAPTER 3ODE 14,
REGARD-
REGULATION OF ALARMSYST.
EMS INCLUDING PER-
MITS, ALARMS, FEES, FALSE
SHES UTFS, AUTOMATIC
SHIT OF AUTOMATIC AND LIA-
BIL
PROVIDINGATED FOR
SEVERABILITY, PUBLICA-
TION AND EFFECTIVE DATE.
The ordinance passed
on third reading and approved
by the City Council of the City
of Corpus Christi on the 26th.
day of August 1892.
/s/ Annarufo Chaps
Cily Secretary
ClOY Of
Cerptrathristi