On September 9, 2008, the Liberty City Council adopted Ordinance 2008-12, which amended the regulation of emergency response alarm systems, established permitting requirements, fees and penalties.
DEFINITIONS
An alarm system means a device or assembly of equipment that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon police and/or fire services of the City of Liberty.
The following do not require permit:
- An alarm system installed on a motor vehicle;
- An alarm system designed to alert only the inhabitants of a premise which does not emit a signal audible or visible from the exterior of a structure;
- An alarm system installed upon the premises occupied by the United States Government, the State of Texas, or the City of Liberty; or, A Varda alarm.
An alarm system user means the owner, agent, lessee, or person in control of the property on which an alarm system or systems is maintained within the corporate limits of the City of Liberty.
A false alarm notification means notification intended to summon police or fire personnel which is transmitted or relayed to the Police Department when the police personnel and/or fire personnel respond within (30) thirty minutes of alarm notification and find no evidence of an attempted or actual unauthorized intrusion, burglary, robbery, theft, hostage taking, fire, smoke, or other illegal activity for which the alarm was intended to report.
A false alarm notification does not include an activation of an alarm system which is caused by hurricanes, tornadoes, lightning, earthquakes, or gale force winds or higher. It also does not include any activation of an alarm system which is caused by loss of electrical power by the premises’ electrical power service provider.
PERMIT REQUIRED
It is unlawful for any person to operate, cause to be operated, or allow to be operated an alarm system or systems at an alarm site unless a valid permit has been issued by the City of Liberty. An alarm permit is required for each separate site.
APPLICATION PROCESS
Application for a permit for the operation of an alarm system shall be made with the City of Liberty at City Hall by the owner, agent, lessee or person having control over the property on which the alarm system will be installed and operated. Application shall be made by a person at least eighteen (18) years of age. The completed form shall be returned to the City Hall. Click here to down load the form.
PERMIT ISSUANCE AND RENEWAL
An alarm permit shall be issued for one year, renewable annually. It is the responsibility of the permit holder to submit an application for renewal at least ten days prior to the permit expiration date. Permits will be denied if there is a false statement of a material matter in the application. A permit cannot be transferred to another person.
The date of issuance will be the date the application is approved, unless false alarm calls have been responded to by the Police or Fire Department, in which case the date of issuance will be the date of the first call.
DENIAL OF PERMIT
A permit may be denied for any false statement on the application, or because an applicant has failed to pay for a service fee related to the ordinance, or because the applicant has had an alarm site revoked and the violation causing the revocation has not been corrected.
PERMIT REVOCATION
An alarm permit may be revoked by the Chief of Police or the Fire Chief because there is a false statement of material matter in the application, the permit holder has violated the ordinance or any of its provisions, the permit holder has failed to pay a service fee required by the ordinance within 30 days of receipt of a false alarm notification, or the permit holder does not maintain the alarm system in a manner that minimizes false alarm notification or ensure proper operation of the alarm system.
It is a violation of city ordinance, and subject to prosecution for any person to operate an alarm system during the period in which an alarm permit has been revoked.
OPERATION AND MAINTENANCE
An alarm permit holder or their representative shall respond within 30 minutes when requested by the City of Liberty Police or Fire personnel to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises.
An alarm permit holder shall adjust the alarm mechanism so that the alarm signal will sound for not longer than 15 minutes after being activated. If the system broadcasts for longer than 15 minutes police or fire personnel may disable the alarm and costs to the City associated with disabling the alarm will be assessed to the permit holder and shall be paid within 30 days. Application for a permit constitutes a grant of approval to the City to disable the alarm when necessary.
A permit holder shall adjust an alarm so that upon activation the system will not transmit another alarm signal without first being manually reset. A permit holder or person in control of an alarm system shall not manually activate an alarm system for any reason other than occurrence of an event that the alarm system was intended to report.
FEES
Fees are as follows:
| •Application fee |
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$25.00
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| •Renewal fee |
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$25.00
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| •Reinstatement fee |
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$40.00
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| •False Alarm Notification fee |
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$50.00
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| •Late payment fee |
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$10.00
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| •Response to alarms without permit |
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$100.00
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Assessed fees are to be paid within 30 days of receipt of each false alarm notification. The alarm notification fee will be assessed for each police or fire response to a false alarm notification after the fifth (5th) false alarm notification in any twelve month period. If the alarm holder receives a monthly utility bill from the city, then the changes will be added to the utility bill.
The late payment fee will be due for fees not paid within the time limit established.
An alarm will not be considered false unless a response is made by the Police and/or Fire Department within 30 minutes of the alarm notification and the department determines from an inspection of the interior or exterior of the premises that the alarm was false.
Any person assessed a fee for a response to an alarm without a permit may have the fee waived by obtaining an alarm system permit within 10 business days of the date of the document notifying the person of the false alarm.
APPEAL FROM DENIAL OR REVOCATION
The applicant or permit holder may appeal the decision to deny or revoke a permit by filing with the City Secretary a written request for a hearing, setting forth the reason for the appeal, within 10 calendar days after notice of the decision to deny or revoke a permit. The appeal shall be heard by the City Manager, or his designee, whose decision shall be final.
VIOLATIONS, PENALTIES
The failure to comply with the provisions of the alarm permit ordinance is a Class C Misdemeanor punishable by a fine of not more than $500.00. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed or continued.
Any person who operates, causes to be operated, or allows to be operated an alarm system without a valid permit shall be charged a fee for each response by the City to each notification of activation. This is in addition to any criminal penalty imposed for violation of the alarm permit ordinance.
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