11-049 O - Revising the Alarm Permit Fees TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-49
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS AMENDING
ARTICLE 4.05 (ALARM SYSTEMS) OF CHAPTER 4 (BUSINESS
REGULATIONS) OF THE PROSPER CODE OF ORDINANCES TO ADD
PERMIT FEE PAYMENT OPTIONS AND AMEND FEES; AMENDING
DEFINITIONS;PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that persons within the Town of Prosper,Texas("Town")may desire to
provide payment for their alarm permit fee by alternative methods; and
WHEREAS, the Town Council has investigated and determined that alternative payment
methods will prove more efficient for Town staff in the performance of their duties; and
WHEREAS, additionally, the Town Council has investigated and determined that
amendment to the various definitions within the Ordinance will assist Town staff in their duty to
carry out the provisions of the Ordinance; and
WHEREAS,the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interests of the residents of the Town to amend Article 4.05 (Alarm
Permits)of Chapter 4(Business Regulations)of the Code of Ordinances to provide for an alternative
method of payment for the alarm permit fee and to amend fees and definitions.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Article 4.05 (Alarm Systems) of Chapter 4 (Business
Reaulations)of the Town of Prosper Code of Ordinances.Article 4.05 (Alarm Systems)of Chapter 4
(Business Regulations)of the Town of Prosper Code of Ordinances is hereby amended as set forth in
Exhibit"A," attached hereto and incorporated herein for all purposes.
SECTION 3: Penalty.Any person,firm,corporation or entity violating this Ordinance,as it
exists or may be amended, 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 and 00/100 Dollars($500.00). Each
continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the
ALARM PERMIT ORDINANCE—Page 1
595037-1
violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 4: Savings/Repealing Clause. All provisions of any Ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said Ordinance shall remain in full force and effect.
SECTION 5: Severability. Should any section,subsection,sentence,clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
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 or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 26th day of July, 2011.
Ray Smith Mayor
ATTESTED AND CORRECTLY
RECORDED:
J�
Amy Piukar,41
Town Secre ary
Date of Publication:/;JC/- (The Prosper Press)
ALARM PERMIT ORDINANCE—Page 2
595037-1
Exhibit "A"
ARTICLE 4.05 ALARM SYSTEMS
Sec. 4.05.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this Ordinance and
shall have the meanings ascribed to them in this section,except where the context clearly indicates a
different meaning:
permit,registration, or other form of permission
Alarm Permit means a certificate license, e p
p g
that authorizes a person to operate an alarm system.
Alarm Site means a remises or location serviced b an alarm system.
P Y
Alarm System means a device or system that transmits or relays a signal intended to summon
emergency services of the Town, as illustrated by, but not limited to, local alarms. Alarm
system does not include:
(a) An alarm installed on a vehicle unless installed at a permanent site;
(b) An alarm designed to alert only the inhabitants of a premises; nor
(c) An alarm installed upon premises occupied by the Town.
Business Burglar Alarm Notification is the notification intended to summon the police,
which is initiated or triggered manually or by an alarm system designed to respond to a
stimulus characteristic of an unauthorized intrusion into a place of business.
Director means the Chief of Police or Fire Chief, or their respective authorized
representatives.
Emergency medical assistance alarm means an alarm system which summons emergency
medical assistance.
False Burglar Alarm Notification means a burglar alarm notification to the police and
occurs when the responding police officer finds no evidence of unauthorized intrusion or
attempted unauthorized intrusion.
False Fire Alarm Notification means a fire alarm notification to the Fire Department after
which the responding fire personnel finds no evidence of fire.
False Robbery Alarm Notification means a robbery alarm notification to the police,and the
responding police officer finds no evidence of a robbery.
ALARM PERMIT ORDINANCE—Page 3
595037-1
False Emergency Medical Assistance Alarm Notification means an emergency medical
assistance alarm notification to the communications center, when the responding public
safety personnel find there is no evidence of need for medical assistance.
Fire Alarm Notification means notification to summon the Fire Department initiated or
triggered by smoke or fire or other stimulus characteristic of fire.
Local Alarm means an alarm system that emits a signal at an alarm site that is audible or
visible from the exterior of a structure and has as its primary purpose the summoning of aid
from a Town department.
Person means an individual, corporation, partnership, association, organization or similar
entity.
Residential Burglar Alarm Notification is the notification intended to summon the police,
which is initiated or triggered manually or by an alarm system designed to respond to a
stimulus characteristic of unauthorized intrusion into a residence.
Robbery Alarm Notification is a notification by means of an alarm system designed to be
purposely activated by a human who intended to summon the police when a robbery occurs.
Town Manager means the Town Manager or his/her authorized representative and shall not
be a police officer or a firefighter of the Town.
Sec. 4.05.002 Permit and Fee Required: Application, Duration, Renewal, Transferability &
False Statements.
A. An annual, non-refundable fee of thirty-six dollars ($36.00) is required for each
permit or renewal of a permit for a private residence. The permit is valid for a period of twelve(12)
months from the date of issuance. An annual, non-refundable fee of forty-eight dollars ($48.00) is
required for each permit or renewal of a permit for a place of business.
B. This fee may be paid at the time an application for permit is submitted,or the person
may elect on the application to have the fee paid out over the course of the year on their Town utility
bill. A person shall make such election at the time they file an application for a permit, and such
election shall continue in full force until person provides written notice to Town indicating
otherwise. If a person elects to pay the fee on their Town utility bill, upon receipt of payment for
such bill,the Town shall allocate payment in the following order: water, sewer,trash,alarm permit
fee. In the event a person closes a Town utility account, any unpaid portion of the annual, non-
refundable fee shall be included on the final utility bill.
ALARM PERMIT ORDINANCE—Page 4
595037-1
B. A person commits an offense if he/she operates or causes to be operated an alarm
system without first obtaining a permit from the Director. A separate permit application is required
for each alarm site and each type of alarm system.
C. Any person without an existing,valid permit for an alarm system on the effective date
of this Ordinance must apply for a permit upon the earlier of. (a)sixty(60)days of installation of the
system; or(b) sixty (60) days after the effective date of this Ordinance.
D. Upon receipt of the required fee and completed application form,the Director shall
issue a permit unless there is cause to believe the equipment responsible for initiating an alarm will
not be maintained and operated in accordance with this Ordinance or the applicant will not comply
with each provision of this Ordinance. The permit will be affixed in a location at the alarm site as
proscribed by the Director or his/her authorized representative.
E. Each permit application must contain the name,address and telephone number of the
individual or alarm user representative who will be the permit holder and be responsible for the
proper maintenance and operation of the alarm system and payment of fees or charges levied under
this Ordinance.
F. An alarm permit is non-transferable. However,the individual designated to respond
to an alarm or relay an alarm may be changed. A permit holder shall inform the Director in writing
of any changes that alter information listed on the permit application. No fee will be assessed for
such changes.
G. Any false statement or misrepresentation of a material fact made by an applicant or
person for the purpose of obtaining an alarm permit or renewal, or while making a change thereto,
shall be sufficient cause for refusal to grant or suspension of a permit.
Sec. 4.05.003 Other Types of Alarms.
A. A person shall not install or maintain an alarm system except for the purpose of
eliciting responses to burglaries, robberies, fires or medical emergencies unless specifically
authorized by the Director.
B. If innovations in alarm systems or other types of alarm devices adversely affect
emergency services of the Town,the Director may promulgate other rules and regulations in order to
protect the Town' s emergency services.
Sec. 4.05.004 Service Charges
A. If, within the previous twelve (12) month period, five (5) false burglar alarm
notifications are emitted from an alarm site,the Director shall assess the permit holder in control of
that alarm site a fee for each subsequent false burglar alarm notification emitted from the site. The
fee for a false burglar alarm under this subsection shall be seventy-five dollars ($75.00).
ALARM PERMIT ORDINANCE—Page 5
595037-1
B. The Director shall assess a permit holder for each false robbery alarm notification
emitted from the alarm site. The fee for each false robbery alarm shall be seventy-five dollars
($75.00).
C. If,within the previous twelve(12)month period,two(2)false fire alarm notifications
are emitted from an alarm site,the Director shall assess the permit holder in control of that alarm site
a fee for each subsequent false fire alarm notification emitted from the site. The fee for a false fire
alarm under this subsection shall be seventy-five dollars ($75.00).
D. If, within the previous twelve (12) month period, two (2) false emergency medical
assistance alarm notifications are emitted from an alarm site, the Director shall assess the permit
holder in control of that alarm site a fee for each person subseque nt emergency g y medical assistance
alarm notification emitted from the site. The fee for a false emergency medical alarm under this
subsection shall be one hundred dollars ($100.00).
E. A permit holder shall pay a fee assessed under this section within thirty(30)days after
receipt of notice that it has been assessed.
F. The permit holder will be exempt from any fee charged for a false alarm notification
which is later shown to have been, in the Director' s sole determination,justified or which was due
to a natural or manmade catastrophe or other situation specifically exempted by the Director.
Sec. 4.05.005 Reporting of Alarm Systems.
A permit holder shall not report his/her alarm signals through a relaying intermediary that: (1)does
not meet the requirements of this Ordinance and any rules and regulations promulgated by the
Director; and (2) is not licensed by the Texas Board of Private Investigators and Private Security
Agencies.
Sec. 4.05.006 Proper Alarm System Operation and Maintenance.
A. A permit holder shall:
1. Cause an adjustment to be made to the sensory mechanism of his/her alarm
system in order to suppress false indications of force so that the alarm system
will not be activated by impulses due to:
a. Transient pressure changes in water pipes;
b. Flashes of light;
C. Wind noise caused by the rattling or vibrating of doors or windows;
d. Vehicular noise adjacent to the installation; or
e. Other forces unrelated to actual emergencies.
ALARM PERMIT ORDINANCE—Page 6
595037-1
2. Maintain the premises containing an alarm system in a manner that insures
proper operation of the alarm system.
3. Comply with current Underwriters Laboratories restrictions or guidelines
with reference to his/her alarm system or alarm equipment.
4. Adjust the mechanism so that an alarm signal will sound for not longer than
fifteen (15) minutes after being activated.
5. Provide personnel,who will, within thirty(30)minutes after being notified,
reset the alarm system and provide access to the premises. This shall not
prevent public safety personnel from forcibly entering the structure when they
reasonably believe that an emergency exists inside.
6. If the ermit holder, or designee, fails to respond to the scene within thirty
p � g P
(30) minutes to reset the alarm system and provide access to the premises, a
fee of fifty dollars ($50.00), in addition to the actual expenses incurred in
securing the premises, will be charged to the permit holder. Failure of the
permit holder to pay the assessed fee will result in suspension of the permit.
Sec. 4.05.007 Manual Reset Required.
A person in control of a local alarm or an alarm system that causes an alarm notification to be sent
directly to the Town shall adjust or cause the adjustment of the mechanism so that upon activation of
the system, the system will transmit only one (1) alarm signal and will not transmit another alarm
signal without first being manually reset.
SECTION 8: Inspection. Upon reasonable notification,the Director may inspect an alarm
site and alarm system of a permit holder.
SECTION 9: Suspension of Permit,Offense to Operate and Termination of Response by the
Town.
A. The Director may suspend or refuse to renew an alarm system permit for failure to
meet the standards set out in this Ordinance.
B. The Director may suspend or refuse to renew an alarm permit if the Director
determines,in his/her sole discretion,that the system in question has a history of unreliability,which
unreliability shall be presumed upon the occurrence in a twelve (12) month period of:
1. Ten (10) false burglar alarms;
2. Five (5) false robbery alarms;
3. Ten (10) false fire alarms; or
4. Ten (10) false medical emergency assistance alarms.
ALARM PERMIT ORDINANCE—Page 7
595037-1
C. A suspension may be lifted or permit renewed upon a sufficient showing that the
conditions which caused the false alarms have been corrected,and if the Director determines that the
alarm system is likely to be maintained and operated in a responsible manner in accordance with the
provisions of this Ordinance.
D. A person commits an offense if he/she operates an alarm system during a period of
suspension or after the Director refuses to renew his/her permit.
E. Responses from the Police and Fire Departments may be terminated to non-permitted
sites after notification to the owner has been made by regular and certified mail, return receipt
requested.
F. Responses will not be terminated because of excessive false alarms to a site with a
valid permit, if all fees are paid in full.
SECTION 10: Appeal from Denial or Suspension or Suspension of a Permit.
A. If the Director refuses to issue or renew a permit, or suspends a permit,the Director
shall send to the applicant or permit holder by certified mail,return receipt requested,written notice
of the Director' s action and a statement of the right to an appeal. The applicant or permit holder
may appeal the decision of the Director to the Town Manager by filing with the Town Manager a
written request for a hearing, setting forth the reasons for the appeal, within ten(10) days after the
receipt of the notice from the Director. The filing of a request for an appeal hearing with the Town
Manager stays an action of the Director in suspending a permit until the Town Manager makes a
final decision. If a request for an appeal hearing is not made within the ten (10) day period, the
action of the Director is final.
B. The Town Manager shall serve as hearing officer at an appeal hearing and consider
evidence offered by any interested person. The formal rules of evidence do not apply at an appeal
hearing, and the hearing officer shall make his/her decision on the basis of a preponderance of the
evidence presented at the hearing. The hearing officer must render a decision within thirty(30)days
after the request for an appeal hearing is filed, or the appeal shall be deemed granted. The hearing
officer shall affirm, reverse or modify the action of the Director, and his/her decision is final.
SECTION 11: Indirect Alarm Revortinv.
A. A person who is engaged in the business of relaying alarm notifications to the Town
shall:
1. Send notification of an alarm to the Town by a human operator;
2. Keep his/her business premises locked and secured at all times;
ALARM PERMIT ORDINANCE—Page 8
595037-1
3. Allow an inspection of his/her business premises by the Director at any time;
4. Report alarms only over a special telephone number,or numbers,designated
by the Director;
5. Send alarm notifications to the Town in a manner and form determined by the
Director.
B. A person commits an offense if he/she engages in the business of relaying alarm
notification in the Town without complying fully with the items listed above.
SECTION 12: Direct Alarm Reporting. It shall be unlawful for any person or business to
operate or energize an alarm system or, alarm device, which activates an automatic dialing device,
which sends a signal to the communications center, without the written approval of the Director.
SECTION 13: Protection of Financial Institutions.
A. A financial institution required by applicable law to have an alarm system may install,
with permission of the Director, a signal line directly to the Police Department for the purpose of
reporting burglaries and robberies. If such an installation is approved,all other requirements of this
Ordinance must be met. The financial institution shall execute a letter of agreement with the Town
permitting the installation of all necessary equipment on an indicator panel monitored in the
communications division of the Police Department. The installation shall be accomplished at the
institution' s expense.
B. The financial institution, at its expense, shall make arrangements to provide service
for the alarm system on a twenty-four(24)hour basis, seven(7) days a week. In no event shall the
Town become liable for service charges for repairs and maintenance to the indicator panel monitor.
C. The financial institution shall pay a monthly fee for each indicator. The fee for
monitoring alarms for financial institutions shall be fifty dollars ($50.00)per month. The Director
shall have the right,at reasonable times and upon oral notice,to inspect the alarm system at the alarm
site and require necessary repairs or improvements. If the Director finds that the alarm system
continually fails to operate or be operated to his/her satisfaction,he/she may terminate the privilege
to have equipment and indicators in the communications center of the Police Department and require
prompt removal of same at the expense of the financial institution.
D. The financial institution may cancel its agreement with the Town at any time by
giving the Town written notice through the Director;whereupon such institution,at its sole expense,
shall have its equipment and indicators promptly removed from the monitor panel in the
communications center.
ALARM PERMIT ORDINANCE—Page 9
595037-1
E. The Director has the right to require any change,modernization or consolidation of
alarm signaling equipment that he/she deems advisable. In no event shall the Town become liable
for such changes.
F. Instead of a direct line, a financial institution may choose to report burglaries and
robberies by transmission through an alarm reporting service using a telephone number designated
by the Director.
SECTION 14: Intentional Activation Unlawful. From and after the effective date of this
Ordinance, it shall be unlawful for any person to intentionally activate or cause to be activated any
alarm without the existence of an emergency situation and with the intent of causing a response by
the Town's public safety personnel.
SECTION 15: Violations of Ordinance/Penalty Provision.
A. Any person who operates an alarm system in violation of this Ordinance shall
be deemed guilty of a misdemeanor and fined not in excess of five hundred($500.00). Each
day of violation shall constitute a separate and distinct offense.
B. A person commits an offense if he/she violates by commission or omission
any provision of this Ordinance that imposes upon him a duty or responsibility.
C. In addition to prohibiting or requiring certain conduct of individuals,it is the
intent of this Ordinance to hold a corporation, partnership, association, or other business
entity criminally responsible for acts or omissions performed by an agent acting on behalf of
the corporation, partnership, association, or business entity and within the scope of the
agent's employment.
D. The penal provisions imposed under this Ordinance shall not preclude the
Town from filing suit to enjoin the violation. The Town retains all legal rights and
remedies available to it pursuant to local, state and federal law.
ALARM PERMIT ORDINANCE—Page 10
595037-1