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HomeMy WebLinkAboutOrdinance - 2003-O0015 - Amending Chapt 13, Art. XII Entitled "False Alarms" Require Permit/False Alarms - 01/23/2003First Reading January 23,. 2003 Item No. 62 Second Reading February 13, 2003 Item No. 24 ORDINANCE NO. 2003-00015 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ENTITLED "FALSE ALARMS," BY EXP ANDING THE SCOPE OF ARTICLE XII TO INCLUDE DURESS ALARMS AND PANIC ALARMS; LIMITING THE TIME PERIOD IN WHICH A PERSON SHALL BE REQUIRED TO OBTAIN A PERMIT AS A RESULT OF FALSE ALARM NOTIFICATIONS; REQUIRING AN APPLICANT FOR AN ALARM PERMIT TO VERIFY HIS IDENTITY; PROVIDING A MORE EFFICIENT AND LESS RESTRICTIVE MEANS OF NOTIFYING AN APPLICANT FOR A PERMIT THAT SUCH PERMIT HAS BEEN APPROVED; AND CLARIFYING THE REQUIREMENTS FOR REINSTATEMENT OF A PERMIT BY THE CHIEF OF POLICE AND THE AFFECT REINSTATEMENT HAS UPON HOW SERVICE FEES ARE CALCULATED. WHEREAS, in November 2001 the City Council of the City of Lubbock, Texas, passed Ordinance No. 2001-00087, which was designed to regulate, control, and monitor the number of false burglary and robbery alarms generated by alarm system users within the limits of the City of Lubbock and reduce or help to offset the costs incurred by the City in responding to such alarms; and WHEREAS, Ordinance No. 2001-00087 has been effective in reducing the number of false alarms occurring within the City and the burden upon the Lubbock Police Department to respond to such alarms; and WHEREAS, the Council now desires to amend such Ordinance in order to clarify some of its provisions, administer those provisions more efficiently, and more closely accomplish the intended purpose of the Ordinance; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 14-301 of the Code be and is hereby amended by adding the following definitions thereto: Duress alarm. Panic alarm. an alarm notification designed to summon the police department to an incident of illegal restraint, imprisonment, use or threatened use of force, or other circumstances which result in control or manipulation by illegal action. an alarm notification designed to summon the police department to an incident of civil or domestic disturbance or breach of the peace. SECTION 2. THAT Section 14-301 of the Code be and is hereby further amended by amending the definition of "false alann notification" to read as follows: False alarm notification. the activation of an alann system that results in notification to the police department when the responding officer, on reasonable investigation, finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, duress or panic. SECTION 3. THAT Section 14-302 of the Code be and is hereby amended to read as follows: (a) This article shall apply only to burglary and robbery alann systems installed and maintained on residential, non-residential, or commercial sites. (b) For purposes of this article, all alarm activations reported to the police department at a residential alann site as panic alanns or duress alanns will be classified as burglary alarm notifications. All alann activations reported to the police department at a non- residential or commercial alann site as duress alarms or panic alarms will be classified as robbery alann notifications. ( c) Nothing contained in this article shall be construed to require the police department to respond to any alann site upon notification of an alarm. SECTION 4. THAT Section 14-303(a) through (c) of the Code are hereby amended to read as follows: (a) No person who is in control of an alann site shall be required to obtain a permit for an alann system unless the police department responds to at least three (3) false burglary alarm notifications or one (1) false robbery alarm notification at such alann site within any calendar year. (b) After the police department responds to either three (3) false burglary alann notifications or one (1) false robbery alann notification at an alann site within any calendar year, it shall be unlawful for any person who is in control of such alarm site to operate, cause to be operated, or allow the operation of an alann system at such location for more than ten (10) days without obtaining and maintaining in effect a permit issued by authority of the Chief of Police under this article. · 2 (c) A separate permit shall be required for each alarm site or premises for which three (3) false burglary alarm notifications or one (1) false robbery alarm notifications have occurred within any calendar year. Each permit shall entitle the holder to operate one or more alarm systems (as described on the application for permit) at the alarm site specified on the permit. Permits may not be transferred to any other premises or location. SECTION 5. THAT Section 14-305(d) of the Code is hereby amended to read as follows: ( d) If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by at least one of its general partners. If the applicant is a corporation or other entity, the application shall be signed and verified by the president of such corporation or entity or other agent authorized to sign on behalf of the corporation. The person who submits the application to the police department shall provide verification of his or her full legal name at the time of submitting the application. If the person submitting the application is an agent, evidence that such person is authorized to act on behalf of an individual, partnership, or corporation must also be provided. SECTION 6. THAT Section 14-306(b) of the Code is hereby amended to read as follows: (b) Within forty-five (45) days after receipt of an application for a permit, the Chief of Police shall inform the applicant by certified mail, return receipt requested, if the permit application has been denied, but may inform the applicant verbally or by other means if such application has been approved. SECTION 7. THAT Section 14-310 of the Code is hereby amended by adding the following provisions at the end of subsection ( d) of that Section, to-wit: The Chief of Police may subsequently reinstate a permit if the person whose permit was revoked provides assurances and satisfactory evidence that the problems which led to the revocation have been corrected and are unlikely to reoccur. Upon reinstatement of a permit by the Chief of Police, any prior false alarm notifications shall no longer be considered in determining whether a service fee shall be assessed under this section. SECTION 8. THAT if any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the Ordinance which it amends, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of either such Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion 3 hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of both such Ordinances are declared to be severable for that purpose. SECTION 9. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 23rd Passed by City Council on second reading this 13th ATTEST: cf?~✓ <Gar ~6 Rel5ecca Garza, City Secretary <S'""'"' APPROVED AS TO FORM: w1r~ ~d, Asst. City Attorney HW:lh/ccdocs/Ordinance-False Alarms.ord 4 day of ___ J_an_u_a_ry~---' 2003. day of February , 2003.