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AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED “LICENSES AND BUSINESS REGULATIONS,” BY ADDING
ARTICLE XII, PROVIDING DEFINITIONS; REQUIRING A PERMIT OF BURGLARY AND ROBBERY
ALARM SYSTEM USERS IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A PENALTY;
ESTABLISHING A PROCEDURE FOR THE ISSUANCE AND REVOCATION OF SUCH PERMITS AND
APPEALS FROM DENIAL OR REVOCATION; PROVIDING SERVICE FEES FOR FALSE ALARM
NOTIFICATIONS; PROVIDING EXEMPTIONS; PROHIBITING CERTAIN INTER-CONNECTIONS AND
AUTOMATIC DIALING PRACTICES; REGULATING BURGLARY AND ROBBERY ALARM TESTING,
MAINTENANCE, USE, OPERATION, AND REPORTING; REQUIRING PERMIT HOLDERS TO TRAIN
USERS IN THE PROPER USE AND OPERATION OF ALARM SYSTEMS; PROVIDING STANDARDS FOR
BURGLARY AND ROBBERY ALARM PROTECTIVE SERVICES AND BURGLARY AND ROBBERY ALARM
SYSTEM OPERATION; PROVIDING FOR ALARM DISPATCH RECORDS; PROVIDING FOR
CONFIDENTIALITY OF INFORMATION; PROVIDING FOR AUTHORITY TO FILE SUIT TO ENJOIN
VIOLATION; PROVIDING A SEVERABILITY AND SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Lubbock, Texas, through
extensive study and analysis, has found that an increasing number of businesses
and homes are installing and utilizing electronic burglary and robbery alarm
systems, some of which include automatic dialing systems; and
WHEREAS, such alarm systems, while providing a desirable degree of
protection from said crimes, are subject to signaling false alarm notifications
because of storms, electrical malfunctions, non-emergency activations, user
error and other causes; and
WHEREAS, the increasing number of both alarm systems and false alarm
notifications created by these systems have unreasonably burdened emergency
service response capabilities of the City of Lubbock by necessitating the
dispatch of personnel and vehicles for non-emergency situations, resulting in
substantial expenditures of City funds and personnel; and
WHEREAS, the City Council finds that such unreimbursed expenditures of
personnel and funds impede the ability of the police department of the City to
provide protection in true emergencies, making fees desirable to reimburse the
City for responses to false alarm notifications in some circumstances; and
WHEREAS, the City Council finds that certain records are necessary in
order to avoid unnecessary expenditures of personnel and funds in locating the
persons in control of premises when the police department responds to alarm
notifications; and
WHEREAS, alarm-control ordinances are effective in reducing the costs
incurred by cities for responding to alarm notices; and
WHEREAS, in permitting free false alarm responses by the police
department and in setting false alarm fees based upon the type and level of
emergency response and the actual expense incurred, the City must administer the
ordinance on a fair and equitable basis; and
WHEREAS, for the foregoing reasons and in order to protect the health and
safety of the general public and the citizens of Lubbock, the City Council finds
it necessary to adopt a burglary and robbery alarm ordinance designed to
regulate, control, and monitor the number of false burglary and robbery alarms
generated by alarm system users within the limits of the City of Lubbock; NOW
THEREFORE:
BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION
1. That Chapter 14 of the Code of Ordinances for the City of Lubbock, entitled
“Licenses and Business Regulations,” be amended by adding thereto an Article
XII, said Article XII to read as follows:
ARTICLE
XII. FALSE ALARMS
Section
14-300. Purpose and Intent.
It
is the purpose and intent of this article to protect the emergency services of
the City of Lubbock Police Department from misuse and to defray the costs of
administering this ordinance through permit and service fees, to encourage the
improvement in reliability of burglary and robbery alarm systems and devices, to
ensure that police personnel shall not be diverted from responding to real
criminal activity as a result of responding to false burglary or robbery alarms,
to reduce the number of false alarms and the amount of police time and resources
expended in responding to false alarms, and to ensure that a responsible person
is accessible within a reasonable amount of time to take custody of the site of
a burglary or robbery alarm, and to provide certain minimum standards,
safeguards, and regulations for burglary or robbery alarms.
SECTION
14-301. Definitions.
The
following words or phrases, whenever used in this article, shall be construed as
defined in this section unless in context it appears that a different meaning is
intended:
“alarm site” a
single premises or street address served by one or more alarm systems. Each
tenant unit in a multi-unit structure or complex shall be considered a separate
alarm site if served by a separate alarm system.
“alarm system”
any assembly of mechanical or electrical equipment installed and
maintained for the purpose of signaling the police department of a burglary or a
robbery occurring or about to occur at the alarm site, including equipment which
signals the department through a third-party central alarm station.
"automatic dialing device" any device
connected to an alarm system which automatically sends a prerecorded message or
code signal over telephone lines, indicating the activation of the alarm system
to a predetermined location.
"bona fide
medical emergency" circumstances of an individual which require
medical attention or treatment administered to the individual by qualified
personnel.
"burglary"
the acts described in Texas Penal Code § 30.02.
“chief of police”
the head of the police department of the City of Lubbock or his
authorized agent.
“common cause” a
technical difficulty or malfunction which causes an alarm system to emit or
report more than one false alarm
intermittently.
“false alarm notification”
the
activation of an alarm system that results in notification to the police
department when the responding officer, on reasonable investigation, finds no
evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery,
or attempted robbery
“permit”
a certificate of authorization to operate an alarm system, issued by the
police department to the owner or person in control of the premises where a
permitted alarm system is located.
“permit holder”
any individual, partnership, corporation, or other legal entity to whom
an alarm system permit is issued.
“person”
an individual, partnership, corporation, or other legal entity.
“police department” the
police department of the City of Lubbock, Texas, or any authorized agent of such
department.
“responds”
the
act of sending a police officer to an alarm site after the police department
receives a report of an alarm at such alarm site.
“robbery”
the
acts described in Texas Penal Code
§§
29.02 and 29.03.
Section
14-302. Coverage.
This
article shall apply only to burglary and robbery alarm systems installed and
maintained on residential, non-residential, or commercial sites.
Section
14-303. Permit Required.
(A)
No
person who is in control of an alarm site shall be required to obtain a permit
for an alarm system unless the police department responds to at least three
(3) false burglary alarm notifications or one
(1) false robbery alarm notification at such alarm site.
(B) After
the police department responds to either three (3) false burglary alarm
notifications or one (1) false robbery alarm notification at an alarm site, it
shall be unlawful for any person who is in control of such alarm site to
operate, cause to be operated, or allow the operation of an alarm system at such
location for more than ten (10) days without obtaining and maintaining in effect
a permit issued by authority of the Chief of Police under this article.
(C) A
separate permit shall be required for each alarm site or premises for which three
(3) false burglary alarm notifications or one
(1) false robbery alarm notification have occurred. Each permit shall entitle
the holder to operate one or more alarm systems (as described on the application
for permit) at the alarm site specified on the permit. Permits may not be
transferred to any other premises or location.
(D)
This
article shall apply to existing alarm systems as well as to alarm systems
installed after the effective date of this article.
(E)
Applications
for renewal of permits issued under this article must be made not later than ten
(10) days prior to the expiration date of the permit
(F) Any
person who operates an alarm system in violation of this section shall be
subject to a fine of not less than TWO HUNDRED DOLLARS ($200.00) and not more
than FIVE HUNDRED DOLLARS ($500.00). Each
day of such operation shall constitute a separate violation.
Section
14-304.
Reserved.
Section
14-305. Permit Application.
(A) Any
person, association, firm, business, partnership, or corporation required to
obtain an alarm permit shall file a fully completed application therefore with
the police department, which shall conduct an investigation for each application
as deemed appropriate by the Chief of Police.
(B) Under
this article, the Chief of Police may set a nonrefundable fee to be charged for
the processing of an application and issuance of an alarm system permit.
The fee shall not exceed FIFTY DOLLARS ($50.00) per year and shall be
nonrefundable whether or not a permit is issued.
(C) Each
permit shall be effective on the date issued and shall remain in effect for one
(1) year from the date issued unless revoked pursuant to provisions of this
article. The Chief of Police shall
notify each permit holder that his permit must be renewed at least forty-five
(45) days prior to its date of expiration by mailing a written notice to each
such permit holder at the address listed on the permit application.
(D) If the
applicant is an individual, the application shall be signed and verified by the
applicant. If the applicant is a partnership, the application shall be signed
and verified by at least one of its general partners. If the application is a
corporation or other entity, the application shall be signed and verified by the
president of such corporation or entity or other agent authorized to sign on
behalf of the corporation.
(E) The
applicant shall be responsible for: (i)
the proper maintenance and operation of the alarm system; (ii) payment of the
fees assessed under this article; and (iii) responding within a reasonable time,
in person or by agent, to the alarm site, if requested by, and upon receiving
notification from the police department in response to an alarm system
activation. Thirty (30) minutes
after receiving said police department notification shall be deemed a reasonable
time period for responding to the alarm site.
(F)
An
alarm permit under this article cannot be transferred to another person or
entity.
(G)
The applicant shall verify that the information contained in the
application is true and correct, and that the applicant has read the provisions
of this article, fully understands the provisions thereof, and is and shall
remain in compliance therewith.
(H)
The permit
application shall include:
(1)
The
applicant’s full legal name, including any and all other name(s) by which the
applicant has been known;
(2) If the
applicant is a corporation, the exact corporate name, state of incorporation,
and the name of its Chief Executive Officer;
(3)
The
current residence address and telephone number of the applicant;
(4)
A
telephone number at the site of the alarm system;
(5)
The
address and legal description of the parcel of land on which the alarm system is
located, and any business name or title used for the alarm site;
(6)
Written
proof that the applicant is at least seventeen (17) years of age;
(7)
The
name, address, and telephone number of the individual or business monitoring the
alarm system;
(8) The
name, address, and telephone number of at least one person who the applicant has
designated to respond to the alarm site on notification from the police
department in response to an alarm system activation; and
(9)
Such
additional information as determined by the Chief of Police as necessary or
desirable to accomplish the purpose and intent of this article.
(I) The permit holder shall not be required to pay a permit fee for renewal
of a permit if the premises for which the permit is applicable have not had a
false alarm notification during the preceding twelve (12) months.
Section
14-306. Issuance or Denial of Permit.
(A)
The Chief of
Police shall conduct an investigation relating to the permit application.
Based on such investigation, the Chief of Police shall approve or deny a
permit.
(B)
Within
forty-five (45) days after receipt of the application for permit, the Chief of
Police shall inform the applicant by certified mail, return receipt requested,
as to the approval or denial of said permit.
(C)
A
temporary permit may be issued upon application, but such temporary permit shall
expire on the date the permit applied for is either approved or denied.
Section
14-307. Grounds for Denial of Permit.
(A)
The
Chief of Police shall issue a permit to the applicant unless one (1) or more of
the following conditions exists:
(1)
The
applicant fails to provide all of the information requested on the application
or otherwise submits an incomplete application;
(2)
The
applicant gives false, misleading, or untruthful information of material fact on
the application;
(3)
The
operation, as proposed by the applicant, if permitted, would not comply with all
applicable laws, including, but not limited to, this article or the City
building, zoning, or health regulations;
(4)
The
applicant, whether he or she be an individual, a corporate agent, an officer or
director, a partner, a manager, or any persons principally in charge of the
premises where the alarm system is located, is not seventeen (17) years of age
or older;
(5)
The
alarm system has a history of unreliability and the applicant has failed to make
alterations or corrections to the system that reasonably assure abatement of
false alarms. Any alarm system
generating either ten (10) false burglary alarm notifications or five (5) false
robbery alarm notifications within a twelve (12) consecutive month period shall
be presumed unreliable;
(6)
The
applicant has failed to pay a fee assessed pursuant to this article that has
become due; or
(7)
The
application or the site of the alarm system does not meet all of the other
requirements of this article.
(B)
Denial of an alarm system permit shall be effected by written notice
thereof, setting forth the grounds therefore, to the applicant, sent certified
mail, return receipt requested, at the direction of the Chief of Police.
Section
14-308. Grounds for Revocation of Permit.
(A)
The Chief of Police shall have the authority to revoke a permit issued
under this article when:
(1)
The
permit holder or his/her designated agent has entered or given false,
misleading, or untruthful information of material fact in any record or report
required by this article;
(2)
The
permit holder fails to pay any assessed false alarm service fees within thirty
(30) days from the date they first become due and payable;
(3)
The
permit holder or his/her designated agent fails to arrive at the alarm site
within a reasonable time, usually not to exceed thirty (30) minutes after said
individual has been notified by the police department that the permit holder’s
alarm system is transmitting an alarm signal;
(4)
The
permit holder fails to maintain the alarm system or alarm site in accordance
with this article; or
(5)
The
operation of the alarm system by the permit holder has accrued a demonstrated
history of unreliability.
(B)
Permits revoked under this article shall become invalid on thirty (30)
days written notice of termination mailed by the police department to the permit
holder.
Section
14-309. Appeal.
The
permit holder whose application for a permit has been denied, or whose permit
has been revoked, shall have the right of appeal to the Permit and License
Appeal Board of the City. The notice of appeal must be in writing, setting forth
specifically the exact grounds for the appeal, and filed in the office of the
City Secretary within ten (10) days of the mailing by the Chief of Police of the
notice of denial or revocation of the permit to the permit holder as required by
this article. The filing of the notice of appeal stays the denial or revocation
of a permit until the Permit and License Appeal Board issues a decision on the
appeal. The decision of the Permit and License Appeal Board is final.
Section
14-310. False Alarm Notifications; Service Fee.
(A) After the police department responds to five (5) false burglary alarm
notifications from one alarm site within any consecutive twelve (12) month
period, the permit holder shall be assessed by the Chief of Police a fee in the
amount of FIFTY DOLLARS ($50.00) for each additional false burglary alarm
notification responded to by the police department thereafter.
(B) After the Police Department responds to ten (10) false burglary alarm
notifications from one alarm site within any consecutive twelve (12) month
period, the Chief of Police may, in addition to the assessment of fees as
provided for in this article, revoke the alarm permit on grounds that the alarm
system has a demonstrated history of unreliability.
(C) After the Police Department responds to two (2) false robbery alarm
notifications from one alarm site within any consecutive twelve (12) month
period, the permit holder shall be assessed by the Chief of Police a fee in the
amount of ONE HUNDRED DOLLARS ($100.00) for each additional false robbery alarm
notification responded to by the police department thereafter.
(D) After the Police Department responds to five (5) false robbery alarm
notifications from one alarm site within any twelve consecutive (12) month
period, the Chief of Police may, in addition to the assessment of fees as
provided for in this article, revoke the alarm permit on grounds that the alarm
system has a demonstrated history of unreliability.
(E)
An applicant shall pay any and all fees assessed under this article
before an alarm system permit may be issued or reinstated, if previously
revoked. A reinstatement fee of
FIFTY DOLLARS ($50.00) will be assessed on reinstatement of a previously revoked
permit.
(F)
False alarm notifications resulting from a common cause shall be counted
as a single false alarm if the false alarm notifications occur within a
seventy-two (72) consecutive hour period, action is taken to rectify the common
cause, such action is documented to the police department, and is followed by
thirty (30) consecutive days from the last false alarm notification without
another false alarm notification resulting from that documented cause.
(G)
The Chief of Police may notify the permit holder by certified mail,
return receipt requested, that such permit holder has accumulated a sufficient
number of false alarm notifications at an alarm site within a consecutive twelve
(12) month period, to subject his permit to revocation and, in addition, may
give notice of the revocation of the alarm system permit.
Section
14-311. Relief from Service Fee.
(A)
If an alarm usage course approved by the Chief of Police is available,
the Chief of Police may establish rules for the acceptance of documentation that
the permit holder has had users of the alarm system successfully complete
training in proper alarm usage in lieu of all, or a portion of, the penalty or
service fees provided for in this article.
(B)
The
permit holder may seek relief under this section only once in any consecutive
twelve (12) month period. This relief is only available to permit holders whose
permit is valid at the time the penalty or fees are incurred.
Section
14-312. Exemptions.
The
following are specifically exempt from the application and enforcement of all
provisions of this article:
(A) An alarm system installed on a vehicle, unless such vehicle is used for a
habitation at a permanent site.
(B) Other
types of alarm systems which are not intended to transmit or relay a signal
designed to summon the police department to respond to a burglary or robbery,
including but not limited to fire alarms, alarm systems installed and used for
bona fide medical emergencies, and alarm systems that monitor temperature,
humidity, or any other condition not directly related to the detection of a
burglary or a robbery on the premises.
(C)
Alarm
systems installed on the interior of a structure for the sole purpose and
function of alerting only the occupants of the premises where the alarm system
is installed, but only if such alarm notification cannot be heard outside the
structure where the alarm system is installed.
(D)
Alarm
systems installed upon premises occupied by local, state, or federal government
authorities, or any of their bona fide agencies.
(E) False
alarm notifications caused by: vandalism, severe weather that causes physical damage to the alarm site or activates the alarm, telephone line outage,
attempted unauthorized entry onto the premises, or a natural or man-made
catastrophe.
(F)
False
alarm notifications due to a chronic electrical or mechanical problem which the
permit holder is working diligently to correct, if such permit holder provides
the Chief of Police with a written statement from the company which installed
the alarm system indicating the nature of the problem, what efforts are being
made to correct the problem, and when the company anticipates the problem being
resolved.
Section
14-313. Automatic Dialing Devices.
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 police department or
other office of the City of Lubbock and then transmits any prerecorded message
or signal.
Section
14-314. Alarm Testing; Shut-Off; Signal.
(A)
No alarm system permitted and regulated by this article shall be tested
by activating the alarm notification function, without the permit holder or
his
agent first notifying the security services
contractor monitoring a
third-party
central alarm station or police department before such
testing.
(B)
All alarm systems permitted and regulated by this article shall be
designed
and
function so as
to shut off any alarm notification signals after
twenty
(20) consecutive minutes of transmitting.
All such systems shall be
designed and function to require
that such systems be manually reset
before
transmitting any subsequent
alarm notification signal.
Section 14-315. Alarm System Maintenance.
The permit holder, individually or through his employee,
agent, or designee, shall:
(A) adjust the sensory mechanism of each alarm
system to suppress false
indication of force so
that the alarm system will not be activated due to:
(1) flashes of light;
(2) vibrations of doors or windows
caused by a person using no more
apparent force
than to determine if the door or window is
unlocked;
(3)
vehicular
noise adjacent to the installation;
(4)
transient
pressure changes in water pipes; or
(5)
other
forces unrelated to actual emergencies; and
(B)
maintain
premises containing an alarm system in a manner that ensures
proper operation of
the
alarm system;
(C)
maintain
the alarm system in a manner that shall eliminate false alarm
notifications;
(D)
train
all persons who may activate the alarm system in the proper use and
operation
of
the
alarm system; and
(E)
maintain
at each alarm site a complete set of written operating instructions
for each
alarm
system with the exception of special codes, combinations, or
passwords.
Section
14-316. Improper Use.
Use
of an alarm system permitted and regulated by this article in a manner or for
purposes other than to report a burglary or a robbery shall constitute a false
alarm notification.
Section
14-317. Alternate Power Supply.
A
permit holder shall provide and maintain in adequate operation, if feasible, a
back up battery or generator power supply for each alarm system located at the
alarm site. Such alternate power supply shall prevent said alarm system from
transmitting an alarm notification signal in the event of a power decrease or
loss of power to said alarm site.
Section
14-318. Applicability of Other Laws.
All
other City Ordinances pertaining to any regulated use remain in full force and
effect, and the provisions of this article are in addition to said provisions
and ordinances.
Section
14-319. Indirect Alarm Notification Reporting.
Any
person or entity engaged in the business of relaying alarm notifications to the
City or police department must do so in compliance with all laws, including
V.T.C.A., Occupations Code §§ 1702.001 et. seq. (Private
Investigators and Private Security Agencies Act) and shall report alarm
notifications in a manner and form as may be required by the Chief of Police.
Section
14-320. Alarm Dispatch Records.
(A)
Upon receiving an alarm notification of a burglary or robbery, the police
department may record such information as the Chief of Police or his designee
deems necessary or desirable, which should include the following:
(1)
verification
of the permit and identification of the permit holder;
(2)
identification
of the alarm site;
(3)
the
time dispatch is received and officer arrival time;
(4)
the
date;
(5)
weather
conditions, if applicable;
(6)
the
name of permit holder’s representative on premises, if any; and
(7)
the
response time of the representative to the alarm site after notification by the
police department.
(B)
The responding police officer should indicate on the dispatch record the
apparent cause of the alarm notification, as determined from an inspection of
the interior or exterior of the premises.
Section
14-321. Information Confidential.
Information contained in records maintained by the City pursuant to this Article
and that concerns the location of an alarm system, the name of the occupant of
an alarm system site, or the type of alarm system used is confidential and may
be disclosed only as permitted by law.
Section
14-322. Relayed Alarm Notifications.
A
permit holder shall not report his alarm notifications through a relaying
intermediary that does not meet the requirements of this article.
Section
14-323. Standards for Alarm Protective Services.
The
Chief of Police may set reasonable standards and procedures, to be followed by
any alarm protective service, for giving notice to the police department of the
activation of an alarm system notification.
Such standards and procedures shall be set out in writing and made
available to the public for inspection during normal business hours.
Section
14-324. Duplication of Permit.
It
shall be unlawful for any person to counterfeit, forge, change, deface, or in
any manner alter a permit issued pursuant to this article.
Section
14-325. Notices.
All
notices required hereunder shall be in writing and shall be deemed delivered
three (3) days after deposited in a United States post office receptacle.
Section
14-326. Authority to File Suit.
In addition to any criminal penalties herein described, the City Attorney is
hereby authorized to file suit to enjoin the violation of any provision of this
article.
SECTION 2.
THAT if any provision, section, subsection, sentence, clause or phrase of
this article, or the application of same to any person or set of circumstances,
is for any reason held to be unconstitutional, void or invalid, the validity of
the remaining portions of this article or their application to other persons or
sets of circumstances shall not be affected thereby, it being the intent of the
City Council in adopting this article that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness, or invalidity of any other portion hereof, and
all provisions of this article are declared to be severable for that purpose.
SECTION 3.
THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
SECTION 4.
THAT this Ordinance adopted hereby shall become effective ten (10) days
after publication as required under the City of Lubbock Charter, Chapter 1,
Article IX, Section 18.
AND
IT IS SO ORDERED.
Passed
by City Council on first reading this 25th day of October, 2001.
Passed
by City Council on second reading this 8th
day of November, 2001.
ORDINANCE NO. 2003-O0015
AMENDMENTS TO ORDINANCE NO. 2001-O0087
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII
OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ENTITLED “FALSE ALARMS,” BY EXPANDING
THE SCOPE OF ARTICLE XII TO INCLUDE DURESS ALARMS AND PANIC ALARMS; LIMITING THE
TIME PERIOD IN WHICH A PERSON SHALL BE REQUIRED TO OBTAIN A PERMIT AS A RESULT
OF FALSE ALARM NOTIFICATIONS; REQUIRING AN APPLICANT FOR AN ALARM PERMIT TO
VERIFY HIS IDENTITY; PROVIDING A MORE EFFICIENT AND LESS RESTRICTIVE MEANS OF
NOTIFYING AN APPLICANT FOR A PERMIT THAT SUCH PERMIT HAS BEEN APPROVED; AND
CLARIFYING THE REQUIREMENTS FOR REINSTATEMENT OF A PERMIT BY THE CHIEF OF POLICE
AND THE AFFECT REINSTATEMENT HAS UPON HOW SERVICE FEES ARE CALCULATED.
WHEREAS, in November 2001 the City Council of
the City of Lubbock, Texas, passed Ordinance No. 2001-00087, which was designed
to regulate, control, and monitor the number of false burglary and robbery
alarms generated by alarm system users within the limits of the City of Lubbock
and reduce or help to offset the costs incurred by the City in responding to
such alarms; and
WHEREAS, Ordinance No. 2001-00087 has been
effective in reducing the number of false alarm occurring within the City and
the burden upon the Lubbock Police Department to respond to such alarms; and
WHEREAS, the Council now desires to amend such
Ordinance in order to clarify some of its provisions, administer those
provisions more efficiently, and more closely accomplish the intended purpose of
the Ordinance; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 14-301 of the Code be and is hereby amended by
adding the following definitions thereto:
Duress alarm .
an alarm notification designed to summon the police department to an
incident of illegal restraint, imprisonment, use or threatened use of force, or
other circumstances which result in control or manipulation by illegal action.
Panic
alarm.
an alarm notification designed to summon the police department to an
incident of civil or domestic disturbance or breach of the peace.
SECTION 2. THAT Section 14-301 of the
Code be and is hereby further amended by amending the definition of “false alarm
notification” to read as follows:
False alarm notification. the activation of an alarm
system that results in
notification to the police department when the responding officer, on reasonable
investigation, finds no evidence of unauthorized intrusion, attempted
unauthorized intrusion, robbery, attempted robbery, duress or panic.
SECTION 3. THAT Section 14-302 of the
Code be and is hereby amended to read as follows:
(a) This article
shall apply only to burglary and robbery alarm systems installed and maintained
on residential, non-residential, or commercial sites.
(b) For purposes
of this article, all alarm activations reported to the police department at a
residential alarm site as panic alarms or duress alarms will be classified as
burglary alarm notifications. All alarm activations reported to the police
department at a non-residential or commercial alarm site as duress alarms or
panic alarms will be classified as robbery alarm notifications.
(c) Nothing
contained in this article shall be construed to require the police department to
respond to any alarm site upon notification of an alarm.
SECTION 4. THAT
Section 14-303(a) through (c) of the Code are hereby amended to read as follows:
(a) No person
who is in control of an alarm site shall be required to obtain a permit for an
alarm system unless the police department responds to at least three (3) false
burglary alarm notifications or one (1) false robbery alarm notification at such
alarm site within any calendar year.
(b) After the
police department responds to either three (3) false burglary alarm notifications
or one (1) false robbery alarm notification at an alarm site within any calendar
year, it shall be unlawful for any person who is in control of such alarm site
to operate, cause to be operated, or allow the operation of an alarm system at
such location for more than ten (10) days without obtaining and maintaining in
effect a permit issued by authority of the Chief of Police under this article.
(c) A separate
permit shall be required for each alarm site or premises for which three (3) false
burglary alarm notifications or one (1) false robbery alarm notifications have
occurred within any calendar year. Each permit shall entitle the holder to
operate one or more alarm systems (as described on the application for permit)
at the alarm site specified on the permit. Permits may not be transferred to
any other premises or location.
SECTION 5. THAT Section 14-305(d) of the Code is hereby amended to read as
follows:
(d) If the
applicant is an individual, the application shall be signed and verified by the
applicant. If the applicant is a partnership, the application shall be signed
and verified by at least one of its general partners. If the applicant is a
corporation or other entity, the application shall be signed and verified by the
president of such corporation or entity or other agent authorized to sign on
behalf of the corporation. The person who submits the application to the police
department shall provide verification of his or her full legal name at the time
of submitting the application. If the person submitting the application is an
agent, evidence that such person is authorized to act on behalf of an
individual, partnership, or corporation must also be provided.
SECTION 6. THAT Section 14-306(b) of the Code is hereby amended to read as
follows:
(b) Within
forty-five (45) days after receipt of an application for a permit, the Chief of Police
shall inform the applicant by certified mail, return receipt requested, if the
permit application has been denied, but may inform the applicant verbally or by
other means if such application has been approved.
SECTION 7. THAT Section 14-310 of the Code is hereby amended by adding the
following provisions at the end of subsection (d) of that Section, to wit:
The Chief of
Police may subsequently reinstate a permit if the person whose permit was
revoked provides assurances and satisfactory evidence that the problems which
led to the revocation have been corrected and are unlikely to reoccur. Upon
reinstatement of a permit by the Chief of Police, any prior false alarm
notifications shall no longer be considered in determining whether a service fee
shall be assessed under this section.
SECTION 8. THAT if any provision, section, subsection, sentence, clause or
phrase of this Ordinance, or the Ordinance which it amends, is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining
portions of either such Ordinance shall not be affected thereby, it being the
intent of the City Council in adopting this Ordinance that no portion hereof or
provision or regulation contained herein shall become inoperative or fail by
reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and
all provisions of both such Ordinances are declared to be severable for that
purpose.
SECTION 9. THAT the
City Secretary is hereby authorized to cause publication of the descriptive
caption of this Ordinance as an alternative method provided by law.
AND IT IS SO
ORDERED
Passed by City Council on first reading this 23rd day of
January, 2003.
Passed by City
Council on second reading this 13th day of February, 2003.
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