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Alarm Ordinance

A. In these rules, unless the context otherwise requires,

(1) words in the singular number include the plural, and in the plural include the singular; and

(2) words of the masculine gender include the feminine and neuter gender may refer to any gender.

B. The following word, terms and phrases, when used in these rules, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Alarm Detail. The administrative unit of the Fort Bend County Sheriff's Office designated and authorized by the Sheriff to administer these rules.

(2) Alarm Site. The specific property or area of the premises on or within which an alarm system is installed or placed.

(3) Alarm System. An alarm signal device, burglar alarms, hold up alarms, or other electrical mechanical, or electronic devices used to prevent or detect burglary, theft, pilferage, or other loss of property; to prevent or detect intrusion; or primarily to detect and summon aid for other emergencies. Provided, however, that these rules shall not apply to alarm systems installed on a motor vehicle; on premises occupied by the United States, the State of Texas, Fort Bend County; or on premises located in an incorporated area within Fort Bend County, Texas,

(4) Alarm System Business. Any person who sells, installs, services, monitors, or responds to alarm systems as a livelihood.

(5) Applicant. The person, or an agent or employee acting on behalf of such person, for whom a permit is sought.

(6) Automatic dialing Device. Any device connected to an alarm system which automatically sends a pre-recorded message or coded signal to a pre-determined location indicating activation of the alarm system.

(7) Burglar Alarm. Any alarm system intended to prevent or detect an unauthorized entry or attempt thereof into the alarm site.

(8) Central Station. That part of an alarm business which intercepts signals indicating the activation of an alarm device and which relays this information by live voice to a Fort Bend County law enforcement agency.

(9) County Law Enforcement Official. Any certified Texas peace officer who holds a valid commission from the Sheriff or Fort Bend County Constable.

(10) Disconnect. To render an alarm system disabled.

(11) False Alarm. An alarm signal received by a County law enforcement official that is later determined not to involve a criminal offense, attempted criminal offense, or other emergency of the kind for which the alarm system was designed to give notice, or as may be further defined by Chapter 237 of the Texas Local Government Code, as amended.

(12) Hold-up Alarm. Any alarm system which when activated by human action gives notification of robbery or attempt thereof.

(13) Local Alarm. Any alarm system emitting audible and/or visual signals located at the alarm site when activated causes notification to be made indirectly to the appropriate Fort Bend County law enforcement agency.

(14) Panic Alarm. Any alarm system which when activated by human action gives notification of, or summons a law enforcement agency for, any life-threatening reason(s).

(15) Permit. A certificate of authorization issued to an applicant authorizing operation of the alarm system for an alarm site which the permit is issued.

(16) Permit Holder. The person to whom an alarm system permit is issued.

(17) Person. Includes an individual or an organization.

(18) Sheriff. The Sheriff of Fort Bend County and any employee(s) of the Sheriff's Office assigned by the Sheriff or his designate to perform the duties prescribed by these rules.

(19) Sheriff's Office. The Fort Bend County Sheriff's Office, an elected office of Fort Bend County.

(20) Variable Tone Audible Device. Means any audible device capable of emitting sound that is similar to an emergency vehicle siren or civil defense warning system. It shall not include an audible device that emits a steady-tone and/or a steady-tone which turns on and off, or a bell.

(21) Thirty-minute shutoff. An automatic device associated with a local alarm system which automatically causes the audible and/or visual indication of the local alarm to shut off and discontinue the emission of a signal after a period not to exceed thirty (30) minutes of continuous operation.

(A) No person shall operate, cause to be operated, or allow the operation of an alarm system unless a valid permit has been issued by the Sheriff for that alarm system or as otherwise allowed by law; however, this section shall not be applicable to an alarm system business which monitors and services an alarm system(s) installed and designed to protect property belonging to a person other than the alarm system business. Any persons who operate, cause to be operated, or allow the operation of an alarm system without a valid permit shall be subject to criminal prosecution and imposition of fines, response fees and other costs as may be determined by a court of proper jurisdiction.

(B) This chapter does not apply to:

(1) emergency response systems managed by health care facilities licensed by Texas Department of Health; or

(2) alarm systems installed to:

(a) a motor vehicle;

(b) premises occupied by the United States, this state, or county; or

(c) premises located in an incorporated area within the county.

(C) Upon receipt of notification from an alarm system business, as authorized by these rules, a response made by a County law enforcement official shall be subject to any applicable policies and procedures of the Sheriff's Office governing response priorities. Neither Fort Bend County, the Sheriff, the Fort Bend County Sheriff's Office, nor any other law enforcement agency of Fort Bend County has any duty or obligation to respond to a notification of activation of an alarm system for which no valid permit exists.

(D) An applicant is required to apply for a permit for an alarm system installed or to be installed on so much of the premises to which the person to whom a permit is to be issued has legal rights of ownership or possession.

(E) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, creating a duty or guarantee of response from the Sheriff, the Fort Bend County Sheriff's Office, Fort Bend County, or any other agency of Fort Bend County.

(F) When applicant tenders a completed application, it will be considered timely filed subject to these rules on the date the applicant either files a completed application in person or the postmark date when a completed application is deposited in the U.S. Postal Service.

(A) Application for a permit authorizing the operation of an alarm system shall be made by a person who owns, leases, uses, resides at, or manages the property upon which the alarm system is installed. Such application shall be made in writing to the Alarm Detail on a form designated for that purpose. On such application shall be set forth:

(1) The name, address, telephone number(s), and Texas driver's license or D.P.S. identification number (if applicable) of the permit applicant or intended permit holder;

(2) The street address of the property on which the alarm system is to be installed and operated, including the particular suite or apartment number(s) if applicable;

(3) Any business or assumed name used for the premises on which the alarm system is to be installed and operated;

(4) Whether the alarm system is designated to give notice of a burglary, hold up, or any life-threatening emergency.

(5) The name of the alarm system business that has installed or will install the alarm system, and the number of the current license issued to such business by the Texas Board of Private Investigators and Private Security Agencies;

(6) In addition to the name(s) of the permit holder,

(a) The names and local telephone numbers of two (2) persons, or the name and local telephone number of an alarm system business, which are able to and have agreed to:

1. Receive notification at anytime;

2. Come to the alarm site within one (1) hour after receiving a request from a County law enforcement official to do so, or immediately upon the receipt of the request from the County law enforcement official, advise the official when the estimated time the permit holder will arrive at the alarm site.

3. Grant access to the alarm site and to deactivate the alarm system if necessary; or,

(b) The name and local telephone number of, and the number of the current Texas Board of Private Investigators and Private Security Agencies license issued to, an alarm system business which is able and has agreed to receive calls at any time and to give County law enforcement officials the names of persons listed with that business as set out below, if:

(1) The permit holder has given the alarm system business the name and local telephone numbers of two (2) persons who are able and have agreed to receive notification any time to come to the alarm site within one (1) hour after receiving a request from a County law enforcement official to do so; or immediately upon the receipt of the request from the County law enforcement official, advise the official when the estimated time the person will arrive at the alarm site, and to grant access to the alarm site and to deactivate the alarm system if necessary; and

(2) The permit holder has authorized the alarm system business to provide the names listed with that business pursuant to subsection 1

above to a County law enforcement official, upon request, in order to obtain assistance after an alarm system has been activated; and,

(7) A representation that all outstanding fees, fines or other charges relating to these Rules owed to Fort Bend County have been paid or satisfied.

(B) Such application shall be signed by the person making the application for the permit, acknowledging that he has read the application, affirming the correctness and accuracy of the information given to the application, authorizing the release to the Sheriff of the information required hereunder, and, if such person making the application will not be the permit holder, certifying that he is authorized to act for the intended permit holder.

(C) Such application shall state the conditions for revocation of the permit and the response fees, and shall include by reference these rules, referred to as the Rules Governing the Regulation of Alarm Systems within Fort Bend County, or as it may subsequently be otherwise entitled.

(D) The Sheriff shall issue a permit upon submission of an application therefore in accordance with these rules, unless the Sheriff finds, that:

(1) Any statement made in the application was incomplete, misleading or false;

(2) The applicant or the intended permit holder has not paid all outstanding fines, or costs previously imposed by a justice court as a consequence of any violation of these rules.

(3) The alarm site was previously non-permitted while under the control of the applicant or the intended permit holder and outstanding fines, fees, or costs are still owed by the applicant or intended permit holder.

(E) If the Sheriff denies the application for a permit, he shall cause to be mailed a notice of denial to the applicant or intended permit holder a the address set out in the application and shall furnish a copy thereof to be retained by the Alarm Detail. The notice shall state the reasons for the denial and shall inform the applicant or intended permit holder that he may reapply for a permit upon resolution or correction of the condition(s) that caused such denial.

Whenever a person listed on the application or listed on an amendment to the application is unable or unwilling to perform the duties set out in Sections 9 and 11 hereof, the permit holder shall file an amendment to the permit application listing a person or company who is able and will perform those duties so that at all times the application on file with the Sheriff's Alarm

Detail designates at least two (2) persons or an alarm system business who are able and willing to perform such duties.

(A) Each permit issued pursuant to these rules shall be valid for a three (3) year period from the date of issuance as stated on the permit. If the permit holder relinquishes control of the alarm site before the expiration of three years, the permit shall expire on the date of such relinquishment.

(B) The Sheriff shall give the permit holder a least thirty (30) days notice of the expiration date and the need for timely renewal; provided, however, that such notice or lack thereof for whatever reason shall not relieve the permit holder of his duty to renew such permit as provided hereunder. On or before the expiration of the permit, the permit holder shall submit the Alarm Detail a renewal application. If any fees, or costs remain owed to Fort Bend County that are beyond sixty (60) days in arrears pursuant to these rules, the Sheriff may deny the renewal application until such time that all fines, fees or costs have been paid.

(A) There shall be a one time fee of $10.00 for a new permit and no fee for a renewal permit issued for an alarm system installed or placed on or within non-residential premises or residential premises.

Each permit issued shall be valid only for the alarm site permitted and is not transferable to another person or other alarm site. upon transfer from the permit holder of ownership or leasehold rights to the alarm site, a new permit must be applied for in accordance with these rules.

The permit holder shall keep the permit at the alarm site and shall produce such permit for inspection upon the request of any County law enforcement official. It is a defense to the prosecution under this sub-chapter in the event any person failed to produce a valid permit for inspection, if at the time of the request there was a valid permit and the permit holder used reasonable diligence in attempting to locate the valid permit at the time of inspection.

(A) The permit holder shall ensure that he or any person listed with the Alarm Detail under Sections 3 and 4 is able to:

(1) receive notification at any time;

(2) come to the alarm site within one (1) hour after receiving a request from a County law enforcement official to do so, or immediately upon the receipt of the request from the County law enforcement official, advise the official when the estimated time the permit holder will arrive at the alarm site; and,

(3) grant access to the alarm site and deactivate the alarm system if necessary.

(B) The permit holder shall additionally ensure that all persons authorized to activate or deactivate the alarm system are trained in the proper operation of the alarm system.

(C) The permit holder is responsible for all fines, fees, or costs associated with the permit and operation of the alarm system.

(A) Upon receipt of notification from the Alarm Detail that an alarm system has malfunctioned and has caused more than five (5), false alarms within the current permitted term, the permit holder shall have such system repaired within seventy-two (72) hours, and then provide evidence that the system has been repaired; or,

(B) The permit holder may cause such system to be deactivated rather than having the system repaired. In such event, the system shall not be reactivated until it has been repaired and the Alarm Detail has been provided evidence reflecting same.

Upon receipt of notification from a County law enforcement official that an alarm system has been activated, any person who has been designated by the permit holder to do so, shall come to such site within one (1) hour after receiving a request from a County law enforcement official to do so, or immediately upon receipt of the request from the County law enforcement official, advise the official when the estimated time the permit holder will arrive at the alarm site in order to provide any necessary access or assistance.

(A) No person shall operate, cause to be operated, or permit to be operated any alarm system unless the following requirements are met:

(1) Any alarm system which may be activated as a result of different types of emergency situations shall give a unique alarm signal, if so equipped, that is to designate activation as a result of a hold-up, a burglary, or any other type of emergency situation so that the proper notification and proper response can be made;

(2) Any alarm system designed to emit an audible signal to be heard from the exterior of the alarm site, located 500 feet of a public roadway, shall have a thirty (30) minute shutoff from the time of activation and must not sound similar to that of a variable tone audible device. Exception: Alarm systems

installed prior to these regulations becoming effective shall have until January 1, 19_____ to comply with this subsection.

(3) no hold-up alarm shall include a money clip, pressure pad, or similar device which can cause activation inadvertently; and any hold-up alarm shall be designed so that it may be activated only by intentional and deliberate human action;

(4) No person shall use or permit the use of any telephone device or telephone attachment which automatically selects any telephone line or number assigned to any governmental agency of Fort Bend County, Texas and then transmits a prerecorded message or signal;

(5) No person shall use or permit the use of any alarm permit which gives enforcement agency by any means other than live human voice; and,

(6) The Sheriff may set reasonable standards and procedures to be followed by an alarm system business when giving notice to a law enforcement agency of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any person requesting same for a reasonable reproduction fee as authorized by State law.

(A) Any alarm system business which installs or which has previously installed an alarm system within the unincorporated portions of Fort Bend County shall provide to the Alarm Detail of the Sheriff's Office the following information in a format acceptable to such Detail:

(1) The name, business name (if any), and street address where the alarm system is installed; or

(2) Notify in writing to each alarm site of a required permit promulgated by these rules and shall provide evidence of notification to Alarm Detail representative(s) upon request.

(B) Any alarm system business shall divulge to the alarm Detail of the Sheriff's Office, upon written notice, any information contained in the business records of the alarm system business of which the Alarm Detail requires information in any criminal investigation.

(C) For all alarm systems installed subsequent to the enactment of these rules, the information requires under subsection (A) (a) hereof shall be provided to the Alarm Detail not earlier than twenty (20) days prior to the date of installation of such system nor later than three (3) business days after such system is installed.

(D) Information provided to the Alarm Detail of the Sheriff's office pursuant to these rules shall be treated as confidential information and will not be disseminated except for legitimate law enforcement purposes and enforcement of these rules; and as further provided by state law of Art. 4413, (29bb), V.A.C.S.

(A) No person shall intentionally or knowingly activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice; provided, however, it shall be a defense to prosecution under this subsection that the alarm system was activated solely for the purpose of testing the alarm system and the person who tested the alarm system took reasonable precautions to avoid any request for response being made to a Fort Bend County law enforcement agency.

A permit holder shall not incur a fee for a response by a County law enforcement official to a notification of activation of an alarm system, as authorized by these rules, except as follows:

(A) A permit holder may be assessed the full costs incurred by Fort Bend County in the event that the permit holder, his agent or employee intentionally or knowingly activates an alarm system for any reason other than an emergency or threat of an emergency of the kind for which the alarm system was designed to give notice. Notwithstanding any costs incurred by Fort Bend County in responding to any such activation as specified herein, a minimum charge of $75 shall be assessed the permit holder when he, his agent or employee intentionally or knowingly activates a hold-up alarm or panic alarm for any reason other than an emergency or threat of an emergency of the kind for which the alarm was designed to give notice, and a County law enforcement official responds to such activation; and a minimum charge of $75 shall be assessed the permit holder when he, his agent or employee intentionally or knowingly activates a burglar alarm for any reason, other than an emergency or threat of a emergency of the kind for which the alarm was designed to give notice, and a County law enforcement official responds to such activation. For hold-up alarms or panic alarms, such $75 charge shall be a minimum charge only, and shall not be applicable when the full costs incurred by Fort Bend County in connection with such response, in including overhead, costs of any investigation necessitated by such response, and all other costs incident to the response, exceed $75; for burglar alarms, such $75 charge shall be a minimum charge only, and shall not be applicable when the full costs incurred by Fort Bend County in connection with such response including overhead, costs of any investigation necessitated by such response, and all other costs incident to the response exceed $75.

(B) The Alarm Detail shall evaluate each response made to a notification of activation of an alarm system to determine whether such alarm was false. During the term of the permit, a permit holder will be allowed a maximum of five (5) false alarms without being assessed a charge therefore. Thereafter, unless the full costs incurred by Fort Bend County incident to a response are assessed under subsection (A) of this section, a fee of $75 shall be charged the permit holder for each response made a County law enforcement official to a false hold-up alarm or panic alarm; and a fee of $75 shall be charged the permit holder for each response made by a County law enforcement official to a false burglar alarm. however, no fee or false alarm calculation will be charged for a response to a notification of activations of any alarm system if the permit holder can demonstrate to the Alarm Detail through convincing evidence that the alarm was not false, or that such alarm system was being tested and the person testing such system took reasonable precautions to avoid any request for response being made to a Fort Bend County law enforcement agency. For purposes of determining the fees set out above, upon determination by the Alarm Detail that an alarm was false, the burden shall shift to the permit holder to provide substantial evidence that the alarm was not false.

(C) The Sheriff may waive the imposition of a false alarm call(s) and subsequent fees if he determines that the permitted alarm site is located within a geographical area in which a qualified emergency or act of God caused an activation of the alarm system(s). The Sheriff may promulgate

and institute procedures governing the determination of a qualified emergency and establishing a list of qualified emergencies.

An alarm system permit may be revoked upon the occurrence of one or more of the following:

(A) The permit holder has failed to make payment in full to Fort Bend County for any fees assessed under Section 17 hereof within sixty (60) days of the date the Sheriff has mailed a notice to the permit holder that such fees are due and owing.

(B) The permit holder accrues more than nine (9) false alarms during the term of the permit, not including any of the false alarms which may have formed the basis for a prior revocation during the same period. After the first reinstatement in accordance with Section 17 hereof, the false alarm fee(s) authorized under Section 15 above will be assessed if the permit holder accrues more than three (3) other false alarms during the remainder of the permit term.

(A) Upon revocation, reinstatement or denial of a permit, written notice of such pending action shall be given to the permit holder or his agent, if any, by placing same in the U.S. Mail Service, Certified Mail, Return Receipt Requested, addressed to the permit holder at such holder's address as shown in the application or its most recent amendment. And in the event of a revocation a copy of such revocation to the permit holders alarm system business (if any). Such notice shall set forth:

(1) The amount of any fees assessed under these rules that are due and owing at the time of the notice, and the dates on which such fees were incurred, if the revocation is based in whole or in part upon subsection (A) of this section; and/or

(2) The specific dates of false alarms from such alarm system, if the revocation is based in whole or in part upon subsection (B) of this section.

(3) That, upon receipt by the Alarm Detail of a written request from the permit holder, his agent or employee, within twenty (20) calendar days of the date of issuance of the notice of pending action, a hearing will be held before the Sheriff's designate within a reasonable time, not to exceed thirty (30) working days, to determine whether the revoked or denied permit should be reinstated and/or granted;

(4) That the permit holder shall appear at the hearing and may be represented by legal counsel, may present testimony, and may cross-examine all witnesses; and,

(5) That the decision of the hearing officer shall be final except that any permit holder shall have the right to appeal such decision within (10) days to a court of competent jurisdiction.

(B) All hearings shall be held by the Sheriff or his designate, who shall be referred to as the hearing officer. The Sheriff shall not designate any person to perform the duties of hearing officer under this section who has direct knowledge of the allegations or circumstances in such investigation of the matters before the hearing officer.

(C) All such hearings are intended to be conducted in an informal manner; provided, however, the following rules shall apply to all such hearings:

(1) All parties shall have the right to be represented by legal counsel, although an attorney is not required. Legal representation for the Sheriff shall be provided by the Fort Bend County Attorney's office unless the Sheriff requests that such representation be provided by outside legal counsel and approval for such outside counsel is given by the County Attorney.

(2) Each party may present witnesses in his own behalf.

(3) Each party may cross-examine all witnesses.

(4) Only evidence presented before the hearing officer at such hearing shall be considered by the hearing officer in rendering his findings and final decision.

(5) The hearing officer may adjust fees by decreasing the amount owed upon a showing of good cause by the permit holder.

(6) All decisions of the Hearing Officer become final within ten (10) days, unless an appeal is made to a court of competent jurisdiction by the permit holder within ten (10) days of the decision made by the Hearing Officer.

(D) If the permit holder fails to appear at the time, place and date specified for the hearing, sufficient evidence shall be presented by the Sheriff's Alarm Detail to establish a prima facie case showing that grounds exist for revocation or denial of the permit.

(E) If the Hearing Officer finds that no grounds exist for reinstatement of the permit for the alarm system, he shall refuse to reinstate or issue such permit and shall give written notice to the permit holder of such finding. Upon receipt of such notice, the permit holder shall disconnect such alarm system immediately and shall surrender his permit to the Sheriff's Alarm Detail in person or by certified U.S. mail, return receipt requested pending the outcome of any appeal.

(F) If the Hearing Officer finds that grounds for reinstatement of issuing of the alarm permit do exist, he shall give written notice of such finding to the permit holder. A permit reinstated under this section shall retain its original issuance date for purpose of determining the permit term. For the remainder of such permit term, the permit holder will be charged a response fee, as authorized under Section 15 above, for any false alarms generated by the alarm system subject to the permit.

(G) A reinstated permit may be subject to revocation in accordance with the provisions of Section 16 above. If a permit has been revoked twice during the term of permit, the permit holder must wait a period of one (1) year from the date of the second revocation, or, if a second reinstatement hearing has been requested, from the date of the denial of such reinstatement, before applying for a new permit for the alarm site.

A person who violates any provision of Chapter 237, Texas Local Government Code, any provision of these rules, or any order of Fort Bend County Commissioners' Court pertaining to these rules, commits a Class C misdemeanor and, upon conviction thereof, may be punished by a fine and imposition of any applicable response fee(s) and costs incident to such violation.

The Sheriff may from time to time promulgate and institute policies and procedures necessary to implement and enforce these rules.

(A) These rules shall be effective as of _____________________, 19_______, but there will be a ninety (90) day grace period extended until ____________________, 19____, before any citations shall be issued under this ordinance.

STATE OF TEXAS §

COUNTY OF FORT BEND §

On this the 13th day of May, 1997 at a regular meeting of the Commissioners' Court of Fort Bend County, Texas, upon motion of Commissioner Lutts and seconded by Commissioner O'Shieles, duly put and carried:

WHEREAS, the Commissioners Court of Fort Bend County, Texas is authorized to adopt Rules Governing the Regulation of Alarm Systems within the County; and,

WHEREAS, it is necessary to amend the rules previously adopted pursuant to Chapter 237 of the Texas Local Government Code.

NOW THEREFORE, Be It Resolved that the Commissioners' Court of Fort Bend County, Texas hereby ORDERS that the amendment to Rules Governing the Regulation of Alarm Systems within the County be adopted.

FORT BEND COUNTY COMMISSIONERS COURT

By: ______________________________________

Michael D. Rozell, County Judge

ATTEST:

_________________________________

Dianne Wilson, County Clerk