an ordinance amending ordinance no. 01-81-16 entitled "the pharr burglary, robbery and fire alarm ordinance". this amended ordinance regulates the operation of burglar and fire alarms within t11k corporate limits of the city: requiring compliance by existing alarm systems: requiring application, permit and permit fee: providing for appeal: prohibiting telephonic recorded message alarms: requiring compatibility of alarm connections with city equipment, and the installation of a central alarm council: liability:  providing the payment of false alarm response fees and alarm module removal:  requiring annual permit renewals and a renewal fee: provided that this ordinance shall be cumulative of all other ordinances heretofore enacted by said city declaring an emergency: providing for publication and an effective date.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PHARR:

SECTION 1.  This Ordinance shall be known as the Pharr Burglary, Robbery, and Fire Alarm Ordinance.

SECTION 2.  From and after the effective date of: this Ordinance, any person, firm, or corporation causing to be operated permit-ting the operation of a burglar, robbery, or fire alarm which is subject: to the terms of this Ordinance, as herein below provided, shall be governed by the provisions hereof.

SECTION 3.  All burglary, robbery, and fire alarms operated or permitted to be operated within the corporate limits of the City of Pharr which transmit an alarm, electronically or telephonically, to the Pharr Police or Fire Departments, or to an alarm company or monitors regardless of its location, are governed by the terms of lhi3 Ordinance. Any such alarm system in exis­tence the effective date this Ordinance shall be brought into conformity herewith within forty-five (45) days from the effective date of. This Ordinance shall not apply to alarm systems which when activated, either turn on lights or emit loud noises or y without any telephonic or electrical impulse being traced to the Pharr Police or Fire Departments or to an alarm company, corporation, or monitor regardless of its location, in connection therewith.  

SECTION 4.  No person, firm or corporation shall operate, cause to ho operated or permit the operation of any alarm system covered by this Ordinance within the corporate limits of the City of Pharr without a permit: being issued therefore by the Chief Police; however, this subsection shall not be applicable to an alarm system business which monitors, services, or monitors and services an alarm system installed and designed to protect proper­ty under the control of a person other then the alarm system busi­ness, but the person in control of the property which the alarm system is designed to protect shall be subject to prosecution if he permits the operation of such system without a valid permit.

SECTION 5.  The applicant for such a permit shall file an application for permit on a form provided by the Chief of Police, and shall also pay an application fee of $30.00. The chief of Police shal1 act on said application and either grant or deny such permit, but, in any event, such application fee shall be non-refundable, being designed to cover the costs of administra­tion. Alarm systems in existence on the effective date of this Ordinance shal1 be required to apply for a permit, but shall be charged a renewal fee of $20.00, as hereinafter provided, in lieu of the fee provided upon the original application for permit. All permits shall expire one full year after date of issuance of such permit.

Section 6.  In granting or denying such a permit, the Chief of Police shall be guided by the terms of this Ordinance and Regulations promulgated hereunder, and any such Regulations pro­posed by the Chief of Police shall be specifically approved by the City Commission before becoming effective.  In the event an application for permit hereunder is disapproved by the Chief of Police, e applicant shall have a right of appeal to the City Commission filing written notice of appeal with the City Clerk within ten (10) days from the date of written notification of such action.  City Commission shall either affirm or reverse the action of the Chief of Police, or may reverse such action subject to applicant 's satisfaction of certain conditions subsequently imposed by the City Commission.

In any event, the action of the City Commission shall be final and non-appealable.

SECTION 7.  No alarm system which transmits a telephonic recorded message over telephone lines shall be permitted.

SECTION 8.  Any alarm system connected to the Police or Fire Department of the City of Pharr shall be connected thereto in a standardized manner, which is compatible to the equipment utili­zed by such police and Fire Departments. Any expense incurred in converting or adapting the alarm system connections to Police or Fire Department equipment shall be borne by the applicant for per­mit or the person, firm, or corporation receiving the benefits thereof if not the same person. Within three (3) months from the effective date of this Ordinance applicant will be required to pay a one-time prorated charge for the installation of a central alarm council within the Police Department.

Furthermore, should the Police or Fire Department change their alarm communication equipment, the owners or operators of all existing alarm systems shall be required to convert or adapt the existing system to the Police or Fire Departments' equipment at such owner's and/or operator's sole expense.

SECTION 9.  The permit granted for the operation of an alarm system shall be effective for one full year as of the date of issuance and may be renewed annually by the permittee upon pay­ment of a renewal foe of twenty and no/100 (520.00) dollars.

SECTION 10.  No burglary alarm system covered by this Ordinance shall emit any noise at the protected location or utilize any other means calculated to warn any person inside or near the premises that the alarm has been activated or that the Police are likely to arrive.

SECTION 11.  No alarm system originating outside the corporate limits of the City of Pharr may terminate at the City Police or Fire Department, except for those previously connected prior to the effective date of this Ordinance.

SECTION 12.  A permit shall be required for each separate module and permit application and renewal fees shall be calculated on a per module basis.

SECTION 13.  Alarm Response Liability. The Pharr Police and Pharr Fire Department, the City of Pharr, Texas, and the in­dividual members o£ the board of Commissioners of the City of Pharr and the Mayor of the City of Pharr, shall not be held liable or accountable in damages Lo the premises subject of the alarm as a result of any act or acts of the Pharr Police and Fire Depart­ments in response to a false alarm. Such liability shall be the responsibility of the person, firm, or corporation who is operat­ing, causing to be operated, or permitting the alarm to be operated.

SECTION 14.  False Alarms, False Alarm Limitations, and False Response Fees.
All alarms shall be recorded by the Police and Fire Departments. False alarms responded to by the Police and Fire Department shall be limited to three (3) per calendar month, per alarm module or Department notification by an alarm company, corporation or monitor.

 False alarms in excess of three (3) per calendar month will require the payment of a false alarm response fee to the Police or Fire Department on the following schedule:

4th False Alarm - $25.00 response fee will be charged to the permit holder.

5th False Alarm - $50.00 response fee will be charged to the permit holder.

6th False Alarm - $75.00 response fee will be charged to the permit holder.

False Alarms in excess of six (6) per calendar month will cause notification by certified mail to the permit holder that the alarm permit will be cancelled and that the alarm response module(s) installed in the Police or Fire Departments will be turned off within 10 days from the date of receipt of notification and that the module must be removed. An Appeal may be had by filing a written notice of appeal with the City Clerk as outlined in Section 6; however the payment of a new application fee and unpaid false alarm response fees will be required before a new permit will be issued.

Failure to pay the false alarm response fees within 30 days of official written notification will give rise to the same cancellation and disconnect procedures as set out above.

SECTION 15.  Cumulative Clause. This Ordinance shall be cumulative of nil other Ordinances dealing with the same sub­ject and any other Ordinance in direct conflict with this Ordinance is herewith repealed and this Ordinance shal1 supersede any provisions in conflict herewith; all other provisions of the above-described Ordinance shall remain in full force and effect.

SECTION 16.  Emergency Clause. The importance of the subject matter hereof creates an emergency and an imperative public necessity requiring the suspension of the rule that Ordin­ance be read on three (3) separate days, and such rule is hereby suspended and said requirement is dispensed with by a vote of not less than majority of all the members of the Board of Commission­ers.

SECTION 17.  Publication and Effective Date Clause. This Ordinance shall be published in the official newspaper of the City of Pharr, Texas, as provided by law, and shall be and remain in full force and effect immediately upon adoption.