City of ^ENUS ORDINANCE NO

Ve City of ^ENUS ORDINANCE NO. 446-2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VENUS, TEXAS, ORDERING THE AMENDMENT OF THE CITY OF VENUS CODE OF ORDINANCES, CHAPTER 8 - BUILDINGS AND BUILDING REGULATIONS, ADDING NEW ARTICLE VI. ALARM SYSTEMS, TO PROVIDE FOR A PERMIT PROCESS AND TO PRESCRIBE THE PROCEDURES, PRACTICES AND RESPONSIBILITIES OF USERS, ALARM SYSTEM COMPANIES AND THE CITY IN REGARD TO ALARM SYSTEMS, ALLOWING FOR THE ASSESSMENT OF A PERMIT FEE, ALLOWING FOR FINES FOR FALSE NOTIFICATIONS, PROVIDING A CRIMINAL PENALTY, CONFIRMING TEXAS OPEN MEETINGS ACT COMPLIANCE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALER CLAUSE, PROVIDING A PUBLICATION CLAUSE, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A CERTIFICATION OF ADOPTION. WHEREAS, the City of Venus, Texas ("City"), is a Type A general law city operating pursuant to the laws ofthe State oftexas, by and through its duly elected council members; WHEREAS, the City is authorized and empowered to adopt and enforce ordinances, not inconsistent with state law, that are necessary to protect the welfare and safety of its inhabitants (Texas Local GovernmentCode 51.012); WHEREAS, the City Council ("Council") of the City serves as the elected governing body; directly responsible for the promotion and protection of the public health and safety of its citizens and inhabitants; WHEREAS, both residential and commercial buildings througliout the City utilize alarm systems for property protection, personal safety, fire protection and security, requiring monitoring, police and fire response and administrative attention by city staff, police and fire personnel; WHEREAS, the Texas Local Government Code authorizes the City adopt, by ordinance, a permit process for maintaining current records of the locations armed with alarm systems, to identify responsible parties for each alarm system location and to recoup fees for the expense of the City's administration of the permitting process and the expense for false alarms pursuant to Subchapter F, Sections 214.191 through 214..200; Ordinance No. 446-2016 Systems Ordinance-City ofvenus - Page 1 of11

WHEREAS, the Texas Local Government Code, Section 214.194 limits the permit fee for residential alarm permits to fifty dollars ($50.00); WHEREAS, the Texas Insurance Code expressly authorizes the City, by ordinance, to require contact to an alarm permit holder utilizing an alarm monitoring service before the Cityis notified of a fire alarm signal or fire detection device report pursuantto Section6002.003 (g); WHEREAS, the Council finds that this ordinance is necessary to protect public health, safety and welfare; and WHEREAS, the ordinances of the City are codified together in the Cityof Venus Code OF Ordinances, hosted and managed by Municode.com and a review of the relevant sections finds that this ordinance is best included in Chapter 8 - Buildings and Building Regulations, and by adding a new article. Article VI. Alarm Systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VENUS, TEXAS: SECTION A. CHAPTER 8 AMENDMENT Chapter 8 - Buildings and BuildingRegulations, of the City of Venus Code of Ordinances is hereby amended to include new Article VI. as follows: Article VI. Alarm Svstems Section 8-150. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Words used in the singular include the plural and the plural include the singular. Words used in the masculine gender include the feminine and the feminine the masculine. (1) Alarm administrator means a person or persons designated by the police chief to administer, review, and enforce alarm permitting and false alarm notifications, billing, and permit revocations. (2) Alarm site means a location or premises served by an alarm system. (3) Alarm system means a device or system which transmits a signal intended to summon police and/or fire services. The categories of alarm systems are robbery, burglary, fire, medical, and panic/distress alarm. "Alarm system" does not mean an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site. "Alarm system" does not mean an alarm designed to alert only the inhabitants within the premises. But, an "Alarm system" does include an alarm that emits an audible signal on the exterior of Ordinance No. 446-2016 -yl/awi Systems Ordinance - City ofvenus - Page 2 of11

a structure. (See Texas Local Government Code Section 214.191 (1).) This definition does not mean a residential surveillance system or remote monitoring product (cameras or surveillance in the home viewed wirelessly fi-om some other location, typically through the intemet). (4) Alarm system user means the property owner, the owner's agent, other person, or business entity legally responsible for the operation of a validly permitted alarm system. This definition specifically includes the on-site manager or foreperson ofa commercial/retail/business location. (5) Alarm system company means a person who acts as an alarm systems company under Texas Occupations Code 1702.105. (6) Burglar alarm notification means a notification of an unauthorized intrusion or attempted unauthorized intrusion. (7) Emergency medical assistance alarm notification means an alarm system which summons emergency medical assistance. (8) False burglar alarm notification means a burglar alarm notification to the police when the responding police officer reasonably finds there is no evidence ofunauthorized intrusion or attempted imauthorized intrusion. This definition includes alarm notifications where police, fire or emergency personnel are dispatched and on their way and are canceled before arriving at the location. (9) False emergency medical assistance alarm notification means an emergency medical assistance alarm notification, when the responding police, fire or other emergency personnel reasonably find there is no evidence of need for emergency medical assistance. This definition includes alarm notifications where police, fire or emergency personnel are dispatched and on their way and are canceled before arriving at the location. (10) False fire alarm notification means a fire alarm notification to the fire department, when the responding fire department personnel reasonably find there is no evidence ofa fire having occurred. This definition includes alarm notifications where police, fire or emergency personnel are dispatched and on their way and are canceled before arriving at the location. (11) False robbery alarm notification means a robbery alarm notification to the police, when the responding police officer reasonably finds there is no evidence of a robbery. This definition includes alarm notifications where police, fire or emergency personnel are dispatched and on their way and are canceled before arriving at the location. Ordinance No. - Alarm Systems Ordinance - City ofvenus - Page 3 of11

(12) Fire alarm notification means a notification which is initiated or triggered by an alarm system designed to react to any of the visual or physical characteristics offire. (13) Fire chiefmeans the Venus Fire Department fire chief or designee. (14) Monitoringsystem means a device or system that transmits a burglar alarm signal intended to notify only the responsible person of the system or the inhabitants of the structure without the intent of summoning an emergency service ofthe city. (15) Panic/Distress alarm means a notification generated by the activation of a device intended to signal a life threatening or emergency situation. (16) Permitted site means a location that has an active permit and for which the permit owner information on file is current. (17) Police chiefmeans the City ofvenus chiefofpolice or designee. (18) Responsible party means an alarm system user who is required to comply with the terms ofthis article. (19) Robbery for purposes of this article shall be the definition provided in Chapter 29 ofthe Texas Penal Code. (20) Robbery alarm notification means a notification of a robbery or an attempted robbery. Section 8-151. - Permit. (a) Permit required. A person commits an offense ifhe operates, causes, or allows to be operated, an alarm system without a valid permit. A separate permit is required for each alarm system. (b) Permit application. Each permit application must contain the name, address, email and telephone number (preferably a cell phone number) of the person who is responsible for the proper maintenance and operation of the alarm system and payment of fees or charges levied under this article. For an alarm permit for a commercial premise, the permit application shall contain the names and phone numbers (home and business and preferably cell phone number) and email addresses of two (2) people that when notified by the police or fire department(s) will come to the alarm site within thirty (30) minutes, if requested, to terminate the alarm signal and secure the property. Application for a permit under the provisions ofthis article constitutes a grant of approval to the city to deactivate an alarm system that soimds an alarm signal for longer than thirty (30) minutes after being notified. A new permit Ordinance No. 446-2016 - Alarm SystemsOrdinance - City of Venus - Page 4 of 11

application shall be completed each time a permit is requested or renewed, even ifa previous application is already on file. (c) False statement. Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm permitor renewal, or for the purpose of making a change thereto, shall be sufficient cause for refusal to grant a permit. (d) Permit fee. (1) A nonrefundable fee of fifty dollars ($50.00) is required annuallyfor each residential alarm system. (2) A nonrefundable fee of one hundred dollars ($100.00) is required annually for each commercial permit. (3) It is the responsibility of the alarm system user to pay the permit fee no later than the expiration date stated on the notification. Ifpayment is not received prior to the expiration date, the permit will be deactivated after a ten (10) business day grace period. (e) Issuance. Upon receipt of the required fee and completed permit application form, the alarm administrator or designee shall issue a permit unless there is reasonable cause to believe the equipment responsible for initiating an alarm will not be maintained or operated in accordance with this article or the applicant will not comply with each provision ofthis article. (f) Transferability; change of individual designated to respond. An alarm permit cannot be transferred to another person. However, the individual designated to respond to an alarm or relay an alarm may be changed. A permit holder must inform the alarm administrator or designee of any change that alters information listed on the permit applications. No fee will be assessed for such changes. (g) Penalty for operation without permit. A two-hundred dollar ($200.00) penalty will be imposed for a person or business entity operating, causing, or allowing to be operated any alarm system as defined in this article without having a valid permit in accordance with the provisions ofthis article. (h) Enforcement. The alarm administrator or designee shall have the authority to enforce the provisions of this article. Section 8-152. - Inspection of alarm site and system. Upon reasonable notification, the police chief or designee or fire chief or designee may inspect an alarm site and alarm system of a permit holder during regular business hours. Ordinance No. 446-2016 -y4/arw Systems Ordinance - City ofvenus - Page 5 of11

Section 8-153. - Responsibilities and duties of alarm system users. (a) Generally. An alarm system user: (1) is responsible for the adjustment or modification of the sensory mechanism for his alarm system to suppress false indications so that the alarm system will not be activated by impulses due to: (A) transient pressure changes in water pipes; (B) flashes oflight; (C) wind noise caused by the rattling or vibrating of doors or windows; (D) vehicular noise adjacent to the installation; and (E) other events unrelated to actual emergencies. (2) must maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system. It is the responsibility of the alarm permit holder to properly maintain the alarm system to prevent false activations. Should a permit holder have more than two (2) activations within thirty (30) calendar days, an inspection ofthe alarm system will be required by a licensed company. Notice must be made in writing to the alarm administrator or designee from the licensed monitoring company of findings of the inspection within thirty (30) calendar days. (3) train all persons who may activate the alarm system by accident in the proper use and operation of the alarm system. This includes cleaning/janitorial personnel, security guards, babysitters, nannies, pet care professionals, repairmen, houseguests, or others lawfully allowed to be on the property when an alarm system is being operated. (4) Must provide the City of Venus police department alarm unit written notification ofthe date the permit is to be cancelled. (b) Reporting alarm signals through an alarm systems company. An alarm system user shall not report any alarm signals through a relaying intermediary person that does not meet the requirements of Texas Occupations Code 1702.105. Ordinance No. 446-2016 - Alarm Systems Ordinance City ofvenus Page 6 of 11

Section 8-154. - Duties and responsibilities ofan alarm company. A person or companywho is engagedin the business of relayingalarm notifications to the city shall: (a) attempt to contact the responsible party of the alarm system twice before contacting the city to respond to the alarm signal; and (b) follow NFPA 72, National Fire Alarm and Signaling Code, Section 26.2.3.1,2013 edition for alarm signal verification. Section 8-155. - Duties and responsibilities ofthe city. The alarm administrator, the police chief, the fire chiefand the city staffinvolved with the administration and response provisionsofthis article shall: (a) educate alarm system users about the provisions of this article to preserve the utility and purpose of alarm systems and to prevent misuse. (b) employ a minimally intrusive method to entry into a building in case of emergency where the alarm system user is unavailable and has not responded to the scene to allow entry in the required time limits for response. An emergency under these circumstances shall include, but not be limited to, a suspected fire and/or knowledge that a person within the building is in distress or threat of distress/danger - medically or otherwise. Minimally intrusive, for purposes ofthis section shall include the minimization ofdamage to the building (breaking a small window to unlock a door vs. kicking the entire door in, frame and all). And, it is the responsibility, if entry is made, that after the alarm system notification has been fully responded to, the building shall be left secure, ifthe alarm system user does not respond to the scene before emergency personnel are to leave. Section 8-156. - Monitoring systems. (a) Requirements. A person in control ofa monitoring system must: (1) Adjust the mechanism so that any audible signals emitted can be heard only inside the alarmed location. (2) If applicable, notify the alarm systems company not to dispatch police for burglar alarms unless there is an indication of an emergency or criminal offense. (b) No permit required. The operation of a monitoring system does not require a permit from the city. Ordinance No. 446-2016 -Alarm Systems Ordinance - City ofvenus - Page 7 of11

(c) Penalty if dispatched. A two-hundred dollar ($200.00) penalty will be imposed against the responsible party when an alarm systems company reports to the city any burglary alarm that is intended only to notify the responsible party of the monitoring system. Section 8-157. - False Alarms. (a) Determination. (1) The alarm administrator or designee shall not consider the alarm notification to be false if: (A) the emergency responders respond within thirty (30) minutes and (B) afterinspection of the interioror exteriorof the premises, the alarm is determined to be caused by: 1. a natural or man-made catastrophe; 2. severe weather that causes physical damage to the premises; 3. a criminal offense; 4. telephone line outage; or 5. attempted entry ofan intruder or attempted robbery. (b) False alarm fees. An alarm system user shall pay any service fees as assessed under the provisions of this section within thirty (30) calendar days of receiving the city's determination notice ofthe false alarm or be assessed a ten (10) percent late fee. (1) Burglar alarms. An alarm system user will be assessed a fee for the signaling of a false alarm in excess of three (3) false alarms in the preceding 12-month period. Fees assessed will be: (A) Fifty dollars ($50.00), if the location has had more than three (3) but fewer than six (6) other false alarms in the preceding 12-month period. (B) Seventy-five dollars ($75.00), ifthe location has had more than five (5) but fewer than eight (8) other false alarms in the preceding 12- month period. (C) One-hundred dollars ($100.00), if the location has had eight (8) or more other false alarms in the preceding 12-month period. Ordinance No. 446-2016 Alarm Systems Ordinance City of Venus Page 8 of 11

(2) Fire alarms. An alarm system user will be assessed a fee for the signaling of a false alarm by a fire alarm system in excess of two (2) alarms in the preceding twelve (12) months. This fee will be two-hundred dollars ($200.00) for each such false alarm. (3) Robbery alarms. An alarm system user will be assessed a fee for signaling of a false alarm by a robbery alarm system in excess of two (2) false alarms in the preceding 12-month period. This fee will be two-hundred dollars ($200.00) for each such false alarm. (4) Emergency medical assistance alarms. An alarm system user will be assessed a fee for the signaling of a false alarm by an emergency medical assistance alarm system in excess of two (2) false alarms in the preceding twelve (12) months. This fee will be seventy-five dollars ($75.00) for each such false alarm. (5) Panic/distress alarms. An alarm system user will be assessed a fee for the signaling of a false alarm by an emergency assistance/personal distress alarm system in excess of two (2) false alarms in the preceding twelve (12) month period. This fee will be seventy-five dollars ($75.00) for each such false alarm. (c) Response required. (1) An alarm system user shall respond to the alarm site within thirty (30) minutes after receiving a request from a member of the police department or the fire department to grant access to the site and deactivate the alarm if necessary. (2) Police and fire personnel may silence or disarm an alarm system by any means necessary ifa key holder fails to respond within thirty (30) minutes. (d) Appeals. Upon notice of a false alarm and the assessed fee invoice, if applicable, a responsible party may appeal the city's decision to consider the alarm notification to be false pursuant to this article, by filing a written appeal to the alarm administrator within five (5) business days of receipt of the city's written notification. An appeal filed pursuant to this section must specifically state the basis of the responsible party's challenge to the city's determination of the false alarm as defined in this article. The alarm administrator will make a determination in writing within five (5) business days ofreceipt ofthe appeal. The determination of the alarm administrator may be appealed to the police chief if an appeal is made in writing to the police chief within five (5) business days of receipt of the alarm administrator's findings. The decision ofthe police chiefis final. Ordinance No. 446-2016 -Alarm Systems Ordinance - City ofvenus - Page 9 of11

Section 8-158. - Penalty. Any person, firm or corporation violating any ofthe provisions ofthis article, as hereby amended, shall be deemed guilty ofa Class C misdemeanor and, upon conviction in the Municipal Court of the City of Venus, Texas shall he subject to a fine not to exceed the sum of five-hundred dollars ($500.00) for each offense and every day such violation continues shall constitute a separate offense. A violation under this article is defined as any of these provisions including, but not limited to, not having a permit and failing to pay penalty. SECTION B. OPEN MEETINGS COMPLIANCE That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter551. SECTION C. SEVERABILITY Should any section, clause, 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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid. SECTION D. REPEALER All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. Any cause of action accruing prior to the passage of this ordinance shall continue as ifthis ordinance was not passed or any other ordinance had not been repealed. SECTION E. PUBLICATION The City Secretary is hereby directed, if required by law, to post or publish in the official newspaper ofthe City, the caption, publication clause and effective date clause ofthis ordinance in one issue of the official newspaper of the City, provided that the official newspaper is a weekly paper, in accordance with Section 52.011 of the Texas LocalGovernment Code. The City Secretary is also hereby directed to incorporate the provisions of this Ordinance into the City of Venus Code of Ordinances by submitting it to www.municode.com for incorporation and online publication. Ordinance No. - Alarm Systems Ordinance - City ofvenus - Page 10 of11

SECTION F. EFFECTIVE DATE That this Ordinance shall become effective the date of the passing of this ordinance. SECTION G. CERTIFICATION OF ADOPTION APPROVED: JAMES BURGESS PASSED: MONDAY, DECEMBER 12. 2016 I, the undersigned, City Secretarydo hereby certify that the above is a true and correct copy ofan ordinanceduly adoptedby the City of Venus City Council at a regular meeting duly convened on Monday, December 12, 2016. RANA GAMEL, CITY SECRETARY APPROVED AS TO FORM: CASS CALLAWAY, CITY ATTORNEYRNEY ) Ordinance No. 446-2016 -/4/arm Systems Ordinance - City of Venus - Page 11 of11