(A)   Except as otherwise provided, each false alarm notification emitted from any alarm system after the third false alarm for security alarms and after the third false alarm response for fire alarms within a calendar year shall constitute a violation of this section. With respect to a federal, local, or state government entity, a violation of this section shall occur after the third false alarm within any calendar year for security purposes and after three false alarms within any calendar year for fire purposes. Each false alarm notification in violation of the subsection that occurs within the city’s extraterritorial jurisdiction shall constitute a public nuisance in accordance with Tex. Local Gov’t Code § 217.042.
   (B)   If a person notifies the Director and applies for an alarm system permit before a new alarm system is put into service, false alarm notification during the first 30 days after the system is put into service will not be counted in determining when a violation exists.
   (C)   If the responding officer determines that an alarm notification was caused by smoke or fire, unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or an attempt to take a person hostage, that notification will not be counted as a false alarm.
   (D)   A false alarm system notification will not be counted in determining when a violation exists if the permit holder can prove to the satisfaction of the city that the alarm notification was the result of a severe weather condition that caused physical damage to the alarm site, or the result of the malfunction of the telephone lines for the transmission of alarm signals, proof of the latter being documented upon the telephone company work orders or time stamped records from the alarm company showing the period of interrupted service.
   (E)   Except as otherwise provided in divisions (A), (B), (C) and (D) above, the holder of a security/fire alarm permit shall pay an administrative penalty in accordance with the fee schedule as adopted in conjunction with the annual budget.
   (F)   Failure to pay the penalty for violation of division (E) above, within the allotted time frame as established by the city, shall constitute a separate offense.
(Ord. 080916E, passed 9-26-2008)