Loading...
(a) Grounds for denial of a permit.
(1) The chief shall issue a permit to the applicant unless one or more of the following conditions are present:
a. The applicant fails to provide all of the information requested on the application or otherwise submits an incomplete application;
b. The applicant gives false, misleading or untrue information of material fact on the application;
c. The operation, as proposed by the applicant would not comply with all applicable laws, included but not limited to, this chapter or the city building, zoning or health codes;
d. The alarm system has generated eight or more false alarms during the preceding 12-month period;
e. The applicant has failed to pay the applicable fee or any service fee assessed pursuant to this chapter that are due and owing; or
f. The application is for a location where a permit was revoked during the preceding 12-month period.
(2) Denial of an alarm permit shall be effected by written denial, setting forth the grounds for denial and mailed to the applicant by depositing the notice in the United States mail, addressed to the applicant with postage prepaid.
(b) Revocation of a permit.
(1) The chief shall revoke an alarm permit if he or she determines that:
a. The permit holder or his or her designated agent has given false, misleading or untrue information of material fact in any record or report required by this chapter;
b. The permit holder fails to maintain the alarm system in accordance with this chapter;
c. The operation of the alarm system by the permit holder has generated eight or more false alarms during the preceding 12-month period and the permit holder has not complied with the requirements of § 12-5; or
d. The permit holder has failed to make payment of an assessed service fee within 30 days of receiving notice to do so.
(2) A person commits an offense if he or she operates an alarm system during the period in which his or her alarm permit is revoked.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16622, § 2, passed 9-27-2005; Ord. 16908, § 3, passed 4-25-2006)
(a) A permit expires one year from the date of issuance and must be renewed annually by submitting an updated application and a permit renewal fee in accordance with this chapter.
(b) It is the responsibility of the permit holder to submit an application and the required permit fee prior to the permit expiration date. A permit shall not be renewed if the applicant has past due outstanding service fees at this alarm site or at another alarm site for which he or she is the permit holder, unless the service fees are under review in an appeal pursuant to this chapter.
(c) Before terminating a permit the chief shall provide 30 days prior written notice to the permit holder of the need to renew the permit and file and updated permit application.
(d) The permit holder for an alarm system shall keep such permit at the alarm site and shall produce such permit or evidence thereof for inspection upon request of any member of the police department.
(Ord. 15750, § 1, passed 11-18-2003)
(a) A person whose alarm permit has been revoked may have the permit reinstated if the person:
(1) Submits an updated application in accordance with this chapter; and
(2) Pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established and the permit holder has not been revoked for having generated eight or more false alarms during the preceding 12-month period.
(b) A permit holder whose alarm permit is pending revocation for excessive false alarms may avoid permit revocation if within 45 days after receipt of notice from the alarm unit, provides the following information or the following circumstances are met:
(1) A statement on official letterhead from the alarm company and/or a work order listing the work performed and confirmation that the system has been repaired or replaced;
(2) A written statement of proactive steps taken to resolve user-error issues that are not system related such as employee training. Final authority to accept or reject this statement rests with the chief of police;
(3) Pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established; and
(4) A permit holder has not been previously served with a revocation notice for excessive false alarms and avoided revocation with documentation of corrective action.
(c) A reinstated permit expires the same date on which the original permit would have expired had it not been revoked.
(d) A permit revoked for excessive false alarms shall not be eligible for reinstatement for 12 months from the date of revocation.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 4, passed 4-25-2006)
(a) If the chief refuses to issue or renew a permit, or revokes a permit, he or she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his or her action and a statement of the right to an appeal. The applicant or permit holder may resolve the situation as outlined in § 12-5 if eligible or appeal the decision of the chief 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 days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays the action of the chief in revoking a permit until the city manager or his or her 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 is final.
(b) The city manager shall set a time and place for the hearing, which shall be served upon the applicant or permit holder by certified mail, return receipt requested. The city manager or his or her 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. All parties to the hearing shall have the right to present evidence and shall have the right of cross-examination. The hearing officer shall make his or her decision on the basis of a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 5, passed 4-25-2006)
A permit holder shall:
(a) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system;
(b) Maintain the alarm system in a manner that will minimize false alarm notifications;
(c) Respond or cause a representative to respond within one hour after requested by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises;
(d) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report;
(e) Notify the police department prior to activation of an alarm for maintenance purposes; and
(f) A permit holder shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than 30 minutes after being activated.
(Ord. 15750, § 1, passed 11-18-2003)
Any alarm company engaged in the business of monitoring alarm systems in the city shall:
(a) Report alarm signals only by using telephone numbers designated by the chief;
(b) Before requesting police response to an alarm signal, attempt to verify every alarm signal, except a duress, hold up or panic alarm activation, by placing two telephone calls to the alarm site;
(c) When reporting an alarm notification to the city, provide the alarm permit number and address of the alarm site from which the alarm notification originated; and
(d) Communicate alarm notifications to the city in a manner and form determined by the chief.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 6, passed 4-25-2006)
(a) An alarm company shall confirm that a valid alarm permit has been issued by the city for an alarm site before performing any system conversion at the site.
(b) An alarm company that has a contract with a permit holder or person in control of an alarm system shall send a certification to the chief within 30 days of performing or causing the performance of an alarm system installation or conversion. The information contained in the certification is confidential to the extent required by Tex. Occupations Code § 1702.286 and other law. The certification must state:
(1) The date of installation or conversion of the alarm system, whichever is applicable;
(2) The name, address, telephone number and current state license number of the alarm company providing the alarm system installation or conversion;
(3) The name, address, telephone number and current license number of the alarm company providing monitoring for the alarm system, if different from the alarm company under contract to provide installation or conversion of the alarm system;
(4) The name of the occupant of the alarm system location and the address of the alarm system location;
(5) That the applicant has been given a complete set of written operating instructions for the alarm system, written information on the applicable law relating to false alarms, including the potential for penalties and revocation or suspension of a permit, and written guidelines on how to avoid false alarms; and
(6) That the alarm company has trained the applicant in the proper use of the alarm system, including instructions on how to avoid false alarms.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 7, passed 4-25-2006)
Loading...