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Item 7C
CITY OF © SOUTHLAKE MEMORANDUM September 3, 2019 TO: Shana Yelverton, City Manager FROM: James Brandon, Chief of Police SUBJECT: Approve Revision of Ordinance 788 Action Requested: City Council 1st reading approval of a revision to City Ordinance 788, which governs the use of residential and business alarm systems. Background Information: Current City Ordinance regarding home and business alarms was last updated in 2000. The revised ordinance contains corrected language and will ultimately facilitate the use of a third party vendor to regulate alarm permits and fines once Council approves second reading and a vendor contract at the 9/17/19 Council meeting. The current ordinance contains provisions for fines for repeated false residential and business alarms requiring a police response, but those fines are never assessed since there is no current tracking system. The goal of this revision is to reduce the number of false alarms that require a police officer response and to recover fines assessed for false alarms. In 2018, the Police Department responded to 2,661 alarm calls, which accounts for 17.7% of total calls for service. Less than 1 % of those calls were legitimate alarms. The City collected $89,035 in alarm permit fees (not fines for false alarms), while spending $665,250 in police officer time for false alarm response. In addition, there were 49 residences with 3 or false alarms and 33 residences with 4 or more false alarms. In 2018, there were 91 businesses with 3 or more false alarms and 39 businesses with 10 or more false alarm calls. Reducing false alarms will allow the Police Department to refocus officer time on crime reduction and proactive measures as opposed to false alarm response. The City's current ordinance provides for written notice for false alarms #1-3, then alarm permit suspension for false alarm #4, then permit revocation for false alarm #5. Once 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork or more false alarms are received, a $50 fine is assessed, although this never occurs in our structure. The revised ordinance provides for written notice for false alarms #1-3, a $50 fine for false alarms #4-5, a $75 fine for false alarms #6- 7, a $100 dollar fine for false alarm #8, and a $100 fine and permit suspension for alarm #9. Upon second reading and vendor contract approval, PMAM/Copsource will administer all alarm permits, tracking, and fines through a cloud based internet portal that is centered on customer service. This vendor is used by many Texas cities, including Keller & Colleyville for residential and business alarm administration. Financial Considerations: N/A Strategic Link: This item supports the City's strategy through the focus area of safety and security and specifically to the objective of Achieving the Highest Standards of Safety and Security and providing high quality services through sustainable business practices. Citizen Input/ Board Review: N/A Legal Review: City Attorney authored the ordinance revision. Alternatives: Approval or disapproval of the revision to Ordinance 788. Supporting Documents: Revised ordinance Staff Recommendation: City Council approval of the revision to ordinance 788, which regulates the use of bicycle helmets by children. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence + Teamwork CHAPTER 15 DEPARTMENT OF PUBLIC SAFETY ARTICLE VI. - ALARM SYSTEMS Sec. 15-210. - Purpose. (a) The purpose of this article is to encourage alarm users and alarm businesses to maintain operational reliability and properly use alarm systems and to reduce or eliminate false alarm dispatch requests. (b) This article governs alarm systems intended to summon police, fire and EMS responses, requires permits, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or revocation of permits. Sec. 15-211. - Definitions. In this article: Alarm administrator means a person or persons designated by the direst Q ief-ef pubic safety to administer, control and review alarm applications, permits and alarm dispatch requests. Alarm business means the business, by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site. Alarm dispatch request means a notification to police, fire or EMS by the alarm-businessMonitorina Comoanv that an alarm, either manual or automatic has been activated at a particular alarm site. Alarm review board shall consist of four members as follows: a communications specialist or other person appointed by the diresterChief, and two members of the public at large, appointed by the direr Qhief, and the alarm administrator, who shall serve as an ex officio member. The directerChief shall appoint members to the board to conduct a hearing and render a decision pursuant to sections 15-224 and 15-226. Alarm site means a single premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multitenant building or complex, shall be considered a separate alarm site. Alarm system means a device or series of devices, including, but not limited to, 6y6teR;S *RtBFGonneGted with radio #equenGy signals, whiGh aFe designed to disGewagA rn- Me AF Gause a F9RGt GR OF FespaRseH aA GffiGialed to deal ;H. (1) An alarm installed on a vehicle unless the vehicle is permanently located at a site; or (2) An alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site. a) An Alarm System or CAN Alarm System owned by the City.. Formatted: Font (Default) Mal, 12 pt Formatted: Font (Default) Mal Alarm user means any person, firm, partnership, corporation or other entity who Formatted: Normal, Indent: First line: 0.3" (which) uses an alarm system at its alarm site. Chief means the Chief of Police of the City of Southlake Texas or his designee.. _ _ Formatted: Font: (Default) Arial, Not sold, Italic Formatted: Normal, Justified, Indent First line: 0.3", Space City means the City of Southlake Texas. -Before: 2.4 pt, After: 12 pt, Line spacing: At least 15.6 pt , Formatted: Font: (Default) Arial, Not Italia Border:: No border), Pattern: near (White) Conversion means the transaction or process by which one alarm business begins Formatted: Font: Not Italic monitoring of an alarm system previously monitored by another alarm business. Duress alarm means a silent alarm signal generated by the manual activation of a device intended to signal a crisis situation requiring police response. EMS means emergency medical services. False alarm dispatch means an alarm dispatch request to the police, fire or emergency medical services when the responding officer arrives within thirty (30) minutes of the alarm notification and determines from an inspection of the interior or exterior of the premises that the alarm was false, or, if the alarm dispatch request was a medical alarm, when the responding officer finds no evidence of a medical emergency. An alarm dispatch request which is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch. False alarm user awareness class means a class operated by the Ceityor its designee for the purpose of educating alarm users about the problems created by false alarm dispatches and in the responsible use of their alarm systems. Holdup alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. Monitoring means the process by which an alarm business receives signals from an alarm system and relays an alarm dispatch request to the Ceity for the purpose of summoning police, fire or emergency medical response to the alarm site. Monitoring Company means the company, by an individual partnership corporation- -- Formatted: Normal or other entity servicing installing or monitoring an alarm system at an alarm site. _ _ _ _ _ - Formatted: Font: (Default) Arial Person means an individual, corporation, partnership, association, organization or similar entity. Takeover means the transaction or process by which an Alarm User takes over control of an existing alarm system which was previously controlled by another alarm user. Verify means an attempt, by the alarm-bt+siaessa Monitoring Company, or its representative, to contact the Aalarm Ssite whether or not actual contact with a person is EMS in an attempt to avoid an unnecessary alarm dispatch request. Zones mean a division of devices into which an alarm system is divided to indicate -- Formanea: No ma the general location from which an alarm system signal is transmitted.. _ _ _ - _ _ _ _ _ _ _ _ _ . - Formatted: Font: (Default) alai Sec. 15-212. - Permit required; application; fee; transferability; false statements. (a) A person commits an offense if the person operates, or causes to be operated, an alarm system without a valid alarm permit issued by the alarm administrator. A separate permit is required for each alarm site. _(b) A apes al PeFFRit'GIA661finafen 6hall be FGqUiFed f9F an alarm Aystem equipped fG duress alarm, (be) Each permit application must be made on a form provided by the alarm administrator and must include the following information: (1) The name, address, and telephone numbers of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article; (2) The classification of the alarm site as either residential, commercial or apartment, (3) For each alarm system located at the alarm site, the purpose of the alarm system, i.e., burglary, holdup, duress, fire, medical or other, A. That the Wpffn business has trained the appliGant n pFopeF use of the alarm system, nduding instruct ons on how tG avoid false alaFms. (5) GlaSSIfeation of the alaFm site as being equ piped or nen equipped far duress alarm (0) Upon receipt of a completed application form and the permit fee, the alarm administrator shall issue an alarm permit to an applicant unless the applicant has: (1) Failed to pay a fine assessed under section 15-223; or (2) Had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected; or (3) Made a false statement of a material matter for the purpose of obtaining an alarm permit. `e) An applicant for an annual alarm permit shall pay a permit fee in the amount - Fwmatted:lnde t: Left: o^ established by the Ceity council. (ef) Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit. (jg) An alarm permit cannot be transferred to another person. An alarm user shall inform the alarm administrator of any change that alters any information listed on the permit application within five business days. (gh) All fees owed by an applicant must be paid before a permit may be issued or renewed. (hi) To the extent permitted by law, all employees or representatives of the Ceity with access to information contained in permit applications shall hold such information in confidence. Sec. 15-213. - Alarm systems in apartment complexes contracted for by individual tenant. (a) If an alarm system installed by an individual tenant in an apartment complex unit is monitored, the tenant must provide the name of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm business which is providing the monitoring service. (b) A tenant of an apartment complex shall obtain an alarm permit from the alarm administrator before operating or causing the operation of an alarm system in the tenant's residential unit. The annual fee for this permit or the renewal of this permit shall be the same as the fee for a residential alarm site. (c) For purposes of enforcing this article, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's residential unit. Sec. 15.214. - Alarm systems in apartment complexes furnished by the apartment complex as an amenity. (a) If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the owner or property manager of the apartment complex shall obtain a master alarm permit from the alarm administrator. The annual fee for this permit and for each renewal for this permit shall be $40.QG peF FeeldentiAl Unit P9F yeafthe same as the residential permit fee Per residential unit. All units, whether occupied or not, shall be included in calculating the required fee. (b) For purposes of assessing fines and enforcing this article, the master alarm permit holder is responsible for payment of fines for false alarm dispatches emitted from the alarm systems in residential units, whether or not occupied. (c) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. The fee for such a permit shall be the same as the fee for a residential alarm system. Sec. 15.215. - Permit duration; renewal. An alarm permit shall be valid 30 Gf the following one year from issuance. A permit holder must renew an alarm permit annually by submitting an updated application and a permit renewal fee to the alarm administrator. The alarm administrator shall notify each alarm user of the need to renew at least 30 days prior to the expiration of his permit. It is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non -permitted alarm system. Sec. 15.216. - Alarm systems operation; maintenance. (a) An alarm user shall: (1) Maintain the premises and the alarm system in a manner that will: a. Minimize or eliminate false alarm dispatches; and b. Ensure proper operation of the alarm system. (2) Respond or cause a representative to respond to the alarm system's location within 30 minutes when notified by the Ceity to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises; and (3) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. (b) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than 10 minutes after being activated (or 15 minutes for systems operating under Underwriters Laboratories, Inc. standards 365 or 609). (c) An alarm user shall have an alarm business inspect his alarm system after three false alarm dispatches in a preceding twelve month period. After three false alarm dispatches, the alarm user must have an alarm business modify the alarm system to be more false alarm resistant, or provide additional user training, whichever is appropriate. Sec. 15.217. - Monitoring procedures. (a) An alarm business performing monitoring services shall: _(1) RepoFt alarm signals by using telephone RumbeFs &GigRated-lby-� admin strater; (12) Attempt to verify every alarm signal, except a duress or hold up alarm activation, before requesting a police response to an alarm signal; (23) Communicate alarm dispatch requests to the Ceity in a manner and form determined by the alarm administrator; (34) Communicate verified cancellations of alarm dispatch requests to the Csity in a manner and form determined by the alarm administrator; (45) Ensure that all alarm users of alarm systems equipped with duress alarm are given adequate training as to the proper use of the duress alarm. (b) The alarm administrator shall: (1) Designate a manner, form and telephone numbers for the communication of alarm dispatch requests; (2) Develop a procedure to accept verified cancellation of alarm dispatch requests; and BRSfi26il Nes Sec. 15-218. - Duties of alarm business. A person commits an offense, if after October 1, 2000, the person installs a device for activating a hold-up alarm which is a single action non -recessed button. Sec. 15-219. - Alarm system operating instructions. An alarm user shall maintain at each alarm site a set of written operating instructions for each alarm system. Sec. 15-220. - Alarm dispatch request records. (a) The officer responding to an alarm dispatch request shall insure that such information is recorded as necessary to permit the alarm administrator to maintain records, including, but not limited, to the following information: (1) Identification of the permit number for the alarm site; (2) Identification of the alarm site; (3) Arrival time at the alarm site and dispatch received time; (4) Date and time, (5) Weather conditions, (6) Area and/or sub -area of premise involved; (7) Name of alarm user's representative on premises, if any; (8) Identification of the responsible alarm business; and/or (9) Inability to locate the address. (b) The responding officer shall indicate on the dispatch record whether the dispatch was caused by a criminal offense, an attempted criminal offense, fire, medical response, or was a false alarm dispatch. the alarm: (cd) Each alarm businesses which perform monitoring services must maintain for a period of at least one year following request for dispatch to an alarm site, records relating to the dispatch. The alarm business shall make the records available to the alarm administrator. Records must include: (1) The name, address and phone number of the alarm user, (2) The alarm system zone(s) or point(s) activated, (3) The time of request for police dispatch, and (4) Evidence that an attempt to verify was made to the alarm site prior to the request for police dispatch. Sec. 15-221. - System performance reviews. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may require a conference with an alarm user and the alarm business responsible for the repair of the alarm system to review the circumstances of each false alarm. Sec. 15-222. - False alarm user awareness class. The alarm administrator shall oversee the creation and implementation of a false alarm user awareness class. This program shall and shall nform alarm users of the problems created by false alarm dispatches and teach alarm users how to operate their alarm systems without generating false alarm dispatches. Sec. 15-223. - Fees. i1 f1An alarm user, or alarm dispatches emitted from an based upon the following schedule: Number of False Alarm Dispatches Within 12 Months a fee depending on the number of false system within the preceding 12 months Action WBn-site-written notice 2 WOR-s4"ritten notice and warning letter #1 3 1 W8n-site-written notice and warning letter #2 - - Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5' r WBn-site-written notice and suspensien-netise 50.00 4 Fine or Class Written notice and $50.00 Fine 5 Written notice and $75.00 Fined 6* and n tgtinn issuance and!GF $60.00 fee 7 Written notice and $75.00 Fine $ Written notice and $100.00 Fine L+ Written notice, and $100.00 Fine: Permit suspended. (gb) An alarm user shall, after the feurth third false alarm dispatch, have the option of attending a false alarm user awareness class in lieu of suepensienpaving a false alarm fee. (ds) An alarm dispatch request caused by actual criminal offense or with evidence of a criminal attempt or with evidence of smoke or the need for EMS shall not be counted as a false alarm dispatch. (ed) The alarm administrator may reinstate a suspended permit if the person submits evidence that the cause of the false alarm has been determined and corrected or that any defective part of the alarm system has been repaired or replaced. (fe) The alarm user shall pay an escalating false alarm for each false alarm notification in excess of three that is netViGation in excess of fy that 'A emitted from an alarm site within a 12 -month period. (gf) The alarm administrator shall notify the alarm user of the fee: (1) Personally to the alarm user in writing; or (2) By letter addressed to the owner of the premises upon which the false alarms occurred, at the owner's address as recorded in the Tarrant Appraisal District records. (hg) If the alarm administrator mails a notice to a person in accordance with subsection (g#), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered as of the date of the return. Sec. 15-224. - Appeal from fees. ja)_(a)- Notice of the Right to Aooeal under this ordinance will be included with any- -- rormatted: Numbered+Level: 1+N�mberingsMe: b, e, fees. ... + Start at: 1 + Alignment: Left +Aligned at: 0.25' + Indentat, 0.5' (bl An alarm user may appeal assessment of a fee to the alarm review board by filing a written request for hearing with the alarm administrator setting forth the reasons for the appeal. The appeal shall be filed within ten days after receipt or delivery of the notice. The filing of a request for an appeal hearing with the alarm review board stays the assessment of the fee until the alarm review board makes a final decision. `ck) The alarm review board shall conduct a hearing and consider the evidence- - rormatted: Indent: Left: 0.25" presented by any interested person(s). The board shall make its decision on the basis of the preponderance of evidence presented at the hearing, including, but not limited to, evidence that a false alarm dispatch was caused by a defective part that has been repaired or replaced or that an alarm dispatch request was caused by a criminal offense. (ds) The board will render a decision within 30 days after the request for an appeal hearing is filed. The board shall affirm, reverse or modify the assessment of the fee. The decision of the board is final as to administrative remedies with the Ceity. Sec. 15-225. - Revocation or suspension of permit. (a) In addition to suspension or revocation pursuant to section 15-223, the alarm administrator may suspend or revoke an alarm permit if it is determined that the permit holder: (1) Made a false statement of a material matter in the application for a permit; (2) Failed to make timely payment of a fee assessed under section 15-223, or (3) Has committed a violation of section 15-216. (b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is suspended or revoked. (c) Sec. 15.226. - Appeal from denial, suspension or revocation of a permit. (a) If the alarm administrator denies the issuance or renewal of a permit, or suspends or revokes a permit, he or she shall send written notice of this action and a statement of the right to an appeal, by certified mail, return receipt requested, to both the applicant or alarm user and the alarm business. (b) The alarm administrator shall give notice to the alarm user of the suspension or revocation: (1) Personally to the alarm user in writing; or (2) By letter addressed to the alarm user at the address listed on the application. (c) If the alarm administrator maillls a notice to a person in accordance with subsection (d), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered as the date of the return. (d) The applicant or alarm user may appeal the decision of thealarmadministrator-to- the diresterChief by fling a written request for a review setting forth the reasons for the appeal within ten days after receipt of the notice from the alarm administrator. An alarm business may submit the request for review on behalf of an alarm user. If a request for appeal is not made within the ten-day period, the action of the direeteralarm admimstrator-iss-finnal is final.- (e) Filing of a request for appeal shall stay the action by the alarm administrator suspending or revoking a permit until the direeteFChief has completed his/her review of the appeal. (f) If the diresteFChief sustains the denial or revocation of the permit, an alarm user may appeal and request a hearing before the alarm review board within ten days of receipt of notice of the d reete g' hiefs decision. An alarm business may submit a request for hearing on behalf of an alarm user. (g) The alarm review board shall conduct a hearing and consider the evidence by any interested person(s). The board shall make its decision on the basis of a preponderance of the evidence presented at the hearing, including, but not limited to, certification that the alarm user has been retrained, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise determined and corrected. The board must render a written decision within ten days after the request for an appeal hearing is filed. The board shall affirm, reverse, or modify the action of the direeterChief. The decision of the board is final as to administrative remedies with the Ceity. Sec. 15.227. - Reinstatement of permit. A person whose alarm permit has been revoked may be issued a new permit if the person: (1) Submits an updated application and pays the permit fee; (2) Pays, or otherwise resolves, all outstanding fees; and (3) Submits a certification from an alarm business stating that the alarm system has been inspected and repaired, if necessary, by the alarm business. Sec. 15-228. -Violations. A person commits an offense if the person knowingly, intentionally, or recklessly violates by commission or omission any provision of this article that imposes upon him a duty or responsibility and is subject to a fine not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Secs. 15-229-15-239. - Reserved.