PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
Chapter 42 EMERGENCY SERVICES
ARTICLE I. IN GENERAL
Secs. 42-1--42-25. Reserved.
ARTICLE II. ALARM SYSTEMS*
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*Cross reference(s)--Buildings and building regulations, ch. 22; law enforcement, ch. 62.
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DIVISION 1. GENERALLY
Sec. 42-26. Short title.
This article shall be known as the "Burglary and Robbery and Related Emergency
PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
Chapter 42 EMERGENCY SERVICES
ARTICLE I. IN GENERAL
Secs. 42-1--42-25. Reserved.
ARTICLE II. ALARM SYSTEMS*
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*Cross reference(s)--Buildings and building regulations, ch. 22; law enforcement, ch. 62.
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DIVISION 1. GENERALLY
Sec. 42-26. Short title.
This article shall be known as the "Burglary and Robbery and Related Emergency Alarm Ordinance of the City of McAllen."
(Code 1966, § 3 1/2-1)
Sec. 42-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm company means any person engaged in the activity of selling, leasing, renting, installing, inspecting, maintaining, repairing, monitoring and/or responding to alarm systems within the city. An alarm company, in this instance, shall not include any business which sells on a retail basis from a fixed location or that manufactures or distributes alarm equipment at wholesale, unless such businesses also install, service, monitor and/or respond to alarm systems within the city.
Alarm notification means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
Alarm site means a single premises or location (one street address) served by an alarm system(s) that is (are) under the control of one owner.
Alarm system means a device or system that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police services of the city, including, but not limited to, local alarms.
(1) "Alarm system" does not include:
a. An alarm installed on a vehicle, unless the vehicle is permanently located at a site;
b. An alarm designated to alert only the inhabitants of a premises, which, upon activation, cannot be seen or heard from a distance greater than ten feet from the protected premises;
c. An alarm system owned or operated by the city police department, including, but not limited to, alarm surveillance equipment used outside of police department facilities.
(2) "Alarm systems" are classified as follows:
a. Class "A" systems, upon activation, provide for signaling to an alarm monitoring facility owned, operated or utilized by an alarm company, regardless of its location.
b. Class "B" systems, upon activation, cause an external signaling device of any type to be seen or heard from beyond ten feet of the protected premises, or any other type of alarm system which, upon activation, has as its purpose the summoning of police response.
c. Class "C" systems, upon activation, provide for direct signaling to a console or other receiving equipment located for such purposes at any emergency department of the city.
Chief means the chief of police of the city, or his authorized representative.
Criminal offense means a criminal offense as defined in the state penal code.
False alarm notification means an alarm notification responded to by the police department within 30 minutes from the alarm notification to the police department, when the responding officer after the inspection of the interior or exterior of the premises finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or an attempt to take a person hostage, unless a false alarm notification is caused by a power outage or an act of God which is beyond the control of the permit holder and such conditions are verified by the permit holder.
Permit holder means the person designated in the permit application, who shall be the owner or lawful tenant of the alarm site or his authorized representative.
Special trunkline means a telephone line leading into the communications center of the police department that is for the primary purpose of receiving emergency messages that originate from automatic protection devices and are transmitted directly or through an intermediary.
PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
ARTICLE II. ALARM SYSTEMS*
DIVISION 1. GENERALLY
Sec. 42-27. Definitions.
User's responding agent means persons designated in the alarm permit application, as provided for in section 42-41(c)(7).
(Code 1966, § 3 1/2-2)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
Sec. 42-28. Violations; penalty.
(a) A person commits an offense if he violates by commission or omission any provision of this article that imposes upon him a duty or responsibility.
(b) A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense is punishable by a fine of not more than $500.00, but not less than $50.00 upon first conviction and not less than $75.00 upon second and subsequent convictions.
(c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this article to hold a corporation, partnership, or an aggregate of individuals criminally responsible for acts or omissions performed by an agent acting on behalf of the corporation, partnership, or an aggregate of individuals, and within the scope of his employment.
(Code 1966, § 3 1/2-16)
Sec. 42-29. Civil liability.
The police department of the city shall not be under any obligation or duty to a permit holder or alarm company or any other person by reason of this article. The city specifically disclaims liability for any damages which may be caused by the failure of the police department of the city to monitor and/or respond to an alarm notification, transmitted by any means, or for any damage as a result of any unreasonable delay in response to any such alarm notification.
(Code 1966, § 3 1/2-17)
Secs. 42-30--42-40. Reserved.
DIVISION 2. PERMITS AND REGISTRATION*
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*Cross reference(s)--Substantial evidence rule in effect in appeals from decisions or orders of city officers or employees, § 2-196.
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Sec. 42-41. Permit required; application; fees; renewal; transferability.
(a) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit, or does not comply with the terms and conditions of the permit or application therefor issued by the chief. A separate permit is required for each alarm site.
(b) Upon receipt of a completed application form, the chief shall issue an alarm permit to an applicant, unless the applicant has failed to pay a service fee assessed under section 42-50 or has had an alarm permit for an alarm site revoked, due to the violations enumerated in this article or for any other revocation or denial permitted under any other regulation granting or denying permits.
(c) Application for an alarm permit shall include the following:
(1) Any alarm permit fees, as provided for in this article under class "B" or class "C" permits.
(2) The name and relationship of each responsible person in control of the premises.
(3) The street address, location directions and a description of the protected premises.
(4) Information relative to the alarm system type and means of alarm notification.
(5) The nature of any business type account and information relative to the normal business hours of such business.
(6) The name, address and local telephone number of any alarm company.
(7) The names and local telephone numbers of a minimum of three users' responding agents, for class "A," "B" and "C" systems, who have agreed and are authorized to:
a. Receive notification of all respective alarm systems relative to such alarm site;
b. Respond, when summoned to do so by the police department of the city, within a 30-minute period of any such alarm notification;
c. Authorize and arrange for the repair of such alarm system, as required;
PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
ARTICLE II. ALARM SYSTEMS*
DIVISION 2. PERMITS AND REGISTRATION*
Sec. 42-41. Permit required; application; fees; renewal; transferability.
d. Other information required by the chief which is necessary for the enforcement of this article.
For class "A" systems, the information relating to the user's responding agents shall be provided by the alarm company.
(d) Permit holder's fees shall be as follows:
(1) Under class "A" alarm permits, where it shall be the duty and responsibility of the alarm company, upon contractual agreement between the permit holder and alarm company, to monitor, maintain, notify, coordinate and/or provide for any requested alarm response relative to the duties of the user's responding agent, there shall be an annual fee of $10.00. Such annual class "A" holder's fee shall offset the city's additional administrative costs.
(2) Under class "B" alarm permits, where the maintaining of current user's responding agent information, as well as where the notification and coordination of the user's responding agents during an alarm situation falls upon the police department of the city, an annual permit fee of $20.00 shall apply. Such annual class "B" holder's fee shall offset the city's additional administrative costs.
(3) Under class "C" alarm permits, where in addition to the duties relative to class "B" permits, the police department of the city is required to also monitor incoming alarm notifications for such class "C" alarm systems, an annual permit fee of $50.00 shall apply. Such annual class "C" permit holder's fee shall offset the city's administrative costs.
(4) Federal, state and city agencies shall not be required to pay the permit fee as a requirement for issuance; however, a permit must be obtained where applicable.
(e) All annual alarm permits shall expire on the last day of each year, regardless of the date of issuance, and shall be renewable from year to year as required by the chief, on or before the first day of each year thereafter. All alarm permits shall be nonrefundable, nontransferable and payable yearly in advance. Any alarm permit obtained subsequent to the first day of each year but before July 1 shall require payment of the full amount of the applicable permit fee, and any alarm permit obtained after July 1 shall require payment of one-half of the applicable permit fee. The city shall cause notice to be issued to each permit holder on or before December 1 of any calendar year notifying the permit holder that the city shall terminate such alarm permit for nonrenewal on January 1 of the following calendar year if such permit is not renewed before that date.
(f) Renewal of class "A" alarm permits shall be the responsibility of the alarm company and the permit holder. Renewal of class "B" or class "C" alarm permits, as well as the payment of pertaining fees, shall be the responsibility of the permit holder.
(g) 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.
(h) An alarm permit cannot be transferred to another person. A permit holder shall notify the chief, in writing, of any change that alters any information listed on the permit application within ten business days of the change. No fee will be assessed for such changes.
(i) All fees owed by an applicant must be paid before a permit may be issued or renewed.
(Code 1966, § 3 1/2-3)
Sec. 42-42. Registration of alarm companies required.
(a) All alarm companies wishing to operate within the city limits shall be required to be registered as such with the chief.
(b) All alarm company registrations shall require proof of being licensed to operate in the state as an alarm company under the provisions of the state board of private investigators and private security agencies act, Vernon's Ann. Civ. St. art. 4413(29bb).
(c) Any alarm company which violates this section shall be subject to a fine of $100.00 per occurrence, unless proper registration occurs within a ten-day period after receiving notification of any such violations.
(d) All alarm company registrations shall be made on forms provided by the chief, and shall include the following information:
(1) The business address and telephone number of the alarm company.
(2) The license number, as issued to the alarm company by the state private investigators and private security agency board.
(3) The names, home addresses and telephone numbers of each owner, officer, partner or stockholder holding 25 percent or more interest in such alarm company.
(4) A description of services made available and offered to permit holders within the city, relating to the sale, installation, servicing, monitoring and/or alarm systems' alarm response services provided.
(e) Alarm company registrations shall be renewable yearly on the first day of each year and shall be nontransferable. Updating of information is required as it occurs, and such updating shall be the sole responsibility of the alarm company. No fees shall be required upon registration or on any renewal thereof.
(Code 1966, § 3 1/2-4)
Sec. 42-43. Alarm system operation and maintenance.
(a) A permit holder shall:
(1) Maintain premises containing an alarm system in a manner that ensures proper operation of the alarm system.
(2) Maintain the alarm site in a manner that will minimize false alarm notification.
(3) Respond or cause a representative to respond within 30 minutes when notified by the city to repair or inactivate a malfunctioning alarm system, to provide access to the alarm site, or to provide security for the alarm site.
(b) A person in control of a class "B" system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for not longer than 15 minutes after being activated.
PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
ARTICLE II. ALARM SYSTEMS*
DIVISION 2. PERMITS AND REGISTRATION*
Sec. 42-43. Alarm system operation and maintenance.
(Code 1966, § 3 1/2-5)
Sec. 42-44. Reporting of alarm signals.
A permit holder shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this article and any rules and regulations promulgated by the chief.
(Code 1966, § 3 1/2-6)
Sec. 42-45. Indirect alarm reporting.
A person who is engaged in the business of relaying alarm notifications to the police department of the city shall:
(1) Report alarms only over special trunklines designated by the chief;
(2) Communicate alarm notifications to the police department in a manner and form determined by the chief.
(Code 1966, § 3 1/2-7)
Sec. 42-46. Automatic telephone alarms not permitted.
An alarm system which transmits a telephonic recorded message over telephone lines shall not be permitted and is in violation of this article; provided, that manually operated recording systems utilized by handicapped persons are hereby authorized, if such system is designated and approved in the alarm permit.
(Code 1966, § 3 1/2-8)
Sec. 42-47. Alarm system operating instructions.
A permit holder shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations or passwords need not be included in such instructions.
(Code 1966, § 3 1/2-9)
Sec. 42-48. Alarm dispatch records.
The police responding to a dispatch call resulting from a burglary, robbery, personal hostage or robbery alarm notification shall record such information as necessary to permit the chief to maintain records, including, but not limited to, the following information:
(1) Identification of the permit holder.
(2) Identification of the alarm site.
(3) Arrival time and dispatch received time.
(4) Time of day and date.
(5) Weather conditions.
(6) Area and subarea (business-residential).
(7) Name of permit holder's representative on premises, if any.
(8) The responding police officer shall indicate on this dispatch record whether the alarm notification was caused by a criminal offense.
(Code 1966, § 3 1/2-10)
Sec. 42-49. 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, therefore avoiding false alarm notifications, the chief may require a conference with an alarm permit holder who is responsible for maintenance of the alarm system to review circumstances of each false alarm notification. If an alarm site emits multiple false alarm notifications within a 24-hour period, it will be the responsibility of the permit holder to arrange for repair of the alarm system. If the permit holder can prove and submits in writing, within four working days of repair, verification of a mechanical malfunction of the alarm system, then all multiple false alarm notifications will be combined and will be counted as one false alarm notification for the purposes of section 42-50. If the alarm site continues to emit more than five false alarms within the same 24-hour period, the police department may only respond to the first five such false alarm notifications and the sole responsibility for the security of the alarm site shall be by the permit holder.
(Code 1966, § 3 1/2-11)
Sec. 42-50. Service fee.
PART II CODE OF ORDINANCES
Chapter 42 EMERGENCY SERVICES
ARTICLE II. ALARM SYSTEMS*
DIVISION 2. PERMITS AND REGISTRATION*
Sec. 42-50. Service fee.
(a) Except as provided in subsections (b) and (c) of this section, the permit holder shall pay a service fee for each false alarm notification emitted from an alarm site that is in excess of five alarms during any calendar year or partial calendar year unless the alarm permit is valid of $50.00 per false alarm.
(b) No service fee will be assessed during the first 60 days on newly installed alarm systems, and alarm notifications during that period will not be counted in determining when a service fee will be assessed.
(c) No service fee will be assessed against a permit holder which is an agency of the federal government or the state, in which case the chief is authorized to take appropriate administrative remedies relating to the requirement of repair or deactivation or nonresponse to, or of, the alarm system.
(Code 1966, § 3 1/2-12; Ord. No. 2001-16, § 1, 2-13-01)
Sec. 42-51. Revocation of alarm permit.
(a) The chief shall revoke an alarm permit if he determines that:
(1) There is a false statement of a material matter in the application for a permit;
(2) The permit holder has violated section 42-43, 42-44, 42-45, 42-46, 42-47, or 42-49;
(3) The permit holder has failed to make timely payment of a service fee assessed under section 42-50;
(4) Notwithstanding the above, the chief may not terminate police response to a permit holder because of excess false alarms if the false alarm fee as provided for in section 42-50 is paid in full.
(b) A person commits an offense if he operates an alarm system during the period in which his alarm permit is revoked.
(Code 1966, § 3 1/2-13)
Sec. 42-52. Appeal from denial or revocation.
In denying or revoking a license or permit, the chief shall set out the reasons therefor in writing and deliver them to the applicant or permit holder within ten business days from the date of the chief's decision therefor. In the event of a denial of an application for license or permit or revocation thereof, the applicant or permit holder shall have the right to appeal to the city manager by filing written notice of appeal with the city secretary within ten days of written notification of any such action. The city manager shall review the action of the chief and may impose certain conditions to the granting or retention of the permit or license. In addition, the city manager may request that the permit holder or applicant furnish further information as required by the city manager in order to make a decision. The city manager may provide for the granting of the permit or license or the reinstatement of the license or permit and impose certain conditions to such action. In any event, the decision of the city manager shall be final and nonappealable.
(Code 1966, § 3 1/2-14)
Sec. 42-53. Protection of financial institutions.
(a) A financial institution is required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 USC § 1882) and may install a special trunkline, with the permission of the chief, directly to the police department, for the purpose of reporting burglaries, robberies and other related emergencies. If such an arrangement is made, all other requirements of this article must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications division of the police department. The installation must be accomplished at the financial institution's expense.
(b) The chief shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at a private or institutional alarm site and require necessary repairs or improvements. If the chief finds that the alarm system continually fails to operate properly or be operated properly, he may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment at the expense of the financial institution.
(c) The financial institution, at the request of the chief, at its sole expense, shall make arrangements to provide service for the alarm system on a 24-hour basis, seven days a week. In no event shall the city become liable for charges for repairs and maintenance.
(d) The financial institution may cancel its special trunkline service with the city at any time by giving the city written notice through the chief, and at its expense, remove its equipment indicators from the monitor panel in the communications center within 30 days from notice.
(e) The chief may require any change, modernization or consolidation of alarm signaling equipment that is advisable according to sound practices of alarm system science or trade. In no event shall the city become liable for charges for these changes. Such changes will be effected within a reasonable time and at the expense of the alarm user.
(Code 1966, § 3 1/2-15)
Secs. 42-54--42-75. Reserved.
ARTICLE III. AMBULANCES*
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*Cross reference(s)--Substantial evidence rule in effect in appeals from decisions or orders of city officers or employees, § 2-196; traffic and vehicles, ch. 102; vehicles for hire, ch. 114.
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DIVISION 1. GENERALLY
Sec. 42-76. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.