17-64 O - Amending Article 4.05 of the Code of Ordinances, Alarm Monitoring Companies and Procedures for Response to Alarm Signals TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-64
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 4.05, "ALARM SYSTEMS," OF CHAPTER 4,
"BUSINESS REGULATIONS," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY ADDING NEW DEFINITIONS OF
"MONITOR" AND "MONITORING COMPANY" TO SECTION 4.05.001,
"DEFINITIONS"; ADDING A NEW SECTION 4.05.0065, "MONITORING
PROCEDURES," REQUIRING THAT AN ALARM MONITORING COMPANY
ATTEMPT TO VERIFY AN ALARM CALL PRIOR TO NOTIFYING PUBLIC
SAFETY PERSONNEL OF THE TOWN OF THE ALARM CALL; PROVIDING A
PENALTY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Town of Prosper, Texas (the "Town"), is a home-rule municipality
possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas
Constitution, Section 51.072 of Texas Local Government Code and its Home Rule Charter; and
WHEREAS, the Town Council possesses, pursuant to Subchapter F-1 of Chapter 214 of
the Texas Local Government Code, as amended, the authority to regulate and permit burglar
alarm systems in the Town; and
WHEREAS, in 2011, the Town Council adopted an ordinance, after providing notice and
holding hearings as required under Chapter 214, regarding alarm systems whereby an alarm at
a location without a permit would not be responded to by the Town; and
WHEREAS, the Town Council hereby finds that there has been and continues to be a
large number of false alarms within the Town; and
WHEREAS, false alarms are a financial burden on all the citizens and a drain of Town
resources; and
WHEREAS, the Town Council desires to amend the "no permit no response" policy by
adding a requirement that an alarm company make two (2) attempts to verify an alarm call prior
to response by the Town, unless the alarm is independently verified by secondary information;
and
WHEREAS, the Town Council finds that the regulation of alarm systems is in the best
interest of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Section 4.05.001, "Definitions," of
Article 4.05, "Alarm Systems," of Chapter 4, "Business Regulations," of the Code of Ordinances
of the Town of Prosper is hereby amended to read as follows:
"Sec. 4.05.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this article and shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Monitorinq. The process by which a monitoring company receives signals from an alarm system
and relays an alarm dispatch request to the Town for the purpose of summoning public safety
personnel to the alarm site.
Monitoring companv. A person in the business of providing monitoring services.
* * *1,
SECTION 3
From and after the effective date of this Ordinance, Article 4.05, "Alarm Systems," of
Chapter 4, "Business Regulations," of the Code of Ordinances of the Town of Prosper is hereby
amended by adding thereto a new 4.05.0065 to read as follows:
"Sec. 4.05.0065 Monitoring procedures
Any Monitoring Company engaged in the business of monitoring alarm systems in the Town shall:
(1) Report alarm signals only using telephone numbers designated by the director;
(2) Before requesting police response to an alarm signal, attempt to verify every alarm
signal, except a duress, robbery, or panic alarm activation, with the
owner/occupant of the alarm site at least twice unless secondary information is
received that increases the potential validity of the alarm. Secondary information
may include, but is not limited to:
a. Alarm monitors that provide further information that a crime is in progress
or the alarm notification is valid (audio, video, etc.);
b. Witness reports that a crime has occurred or is in progress that
corroborates the alarm notification, e.g., a citizen, Monitoring Company
personnel or a private guard;
C. Multiple activations of different devices or zones at the same location,
during the same incident, for example both the window alarm and a motion
detector are activated inside the alarm site; and
Ordinance No.17-64,Page 2
d. Any other events or circumstances that indicate, in the director's sole
opinion, that the alarm notification may be valid.
(3) When reporting an alarm signal to the Town, provide the alarm permit number and
address of the alarm site from which the alarm notification originated;
(4) Provide to Town public safety personnel, concurrently with reporting the alarm
notification, information indicating compliance with subsection (2) herein; and
specifically information indicating any failure by the Monitoring Company to verify
the alarm signal after at least two (2) attempts; and upon receipt of such
information, public safety personnel shall respond; and
(5) Communicate alarm notifications to the Town in a manner determined by the
director."
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance,and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 6
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 7
This Ordinance shall become effective after its passage and publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 12TH DAY OF SEPTEMBER, 2017.
APPROVED:
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Ray Smithy Mayor -
Ordinance No.17-64,Page 3
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APPROVED AS TO FORM AND LEGALITY: /1 EXP,4B' `t®®�
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Terrence S. Welch, Town Attorney
Ordinance No.17-64,Page 4