Chapter 8.07
FALSE ALARMS1
Sections:
8.07.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Alarm” means any operable device except an official municipal fire alarm, but including, without limitation, automatic dialing devices which telephone a prerecorded message or transmit a signal or message to the Police Department and devices that produce an audible or visible signal which is intended to alert the police or some other person that a criminal act or other emergency exists and requires assistance. Devices commonly known as smoke alarms intended primarily for residential use and designed to emit a signal upon the detection of smoke, fumes or heat shall not be considered alarms for purposes of this chapter.
“Chief of Police” means the Chief of the municipal Police Department or his designee.
“False alarm” means an alarm signal that the Houston Police Department determines is caused by a reason other than that condition which the alarm is designed or intended to detect or a natural phenomenon beyond the control of the owner.
“Owner” means a person who is responsible for the proper operation of an alarm under this chapter and who has registered with the Chief of Police pursuant to HMC 8.07.030. (Ord. 11-02 § 4, 2011)
8.07.020 Prohibited acts.
A. No person shall knowingly cause, permit or allow a false alarm signal to be emitted from an alarm.
B. No person shall knowingly own, install, connect, operate or possess an alarm except as provided in this chapter.
C. No person shall knowingly own, operate, connect, install or possess an audible alarm unless that alarm automatically ceases to emit an audible sound after 15 minutes and does not repeat the audible sound thereafter.
D. No person shall knowingly install, connect, own or possess an automatic direct dial alarm in such a fashion as to ring any telephone number at the Police Department other than those which the Chief of Police may designate for such use. (Ord. 11-02 § 4, 2011)
8.07.030 Alarm registration.
A person who owns or possesses an alarm shall register immediately certain information required by the Chief of Police with the Chief of Police, including, without limitation, the identity of the owner, the location of the alarm, and the name and telephone number of a responsible individual for that alarm. An owner is under a continuing obligation to keep the information on his registration current by reporting any change to the Chief of Police within 10 days. (Ord. 11-02 § 4, 2011)
8.07.040 False alarm charges.
A. Except as otherwise provided in this chapter, the owner of an alarm shall pay a charge in accordance with the City of Houston Fee Schedule for each and every false alarm to which the Police or Fire Department are dispatched.
B. The City shall bill the owner for false alarms, and the owner shall pay those charges in the manner provided by the City. If an owner fails to pay charges assessed pursuant to this section, the municipality may seek payment by any lawful means.
C. This section shall not apply to a false alarm occurring within 30 days immediately following installation of that alarm.
D. All false alarms charges shall be deposited in the appropriate service area fund. (Ord. 11-02 § 4, 2011)
8.07.050 Existing alarms.
Any person who presently owns, operates or possesses any alarm within the City which does not conform to the requirements of this chapter shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than August 10, 2011. (Ord. 11-02 § 4, 2011)
8.07.060 Penalty.
A. In addition to any other remedy or penalty provided by this chapter, a person who knowingly violates a provision of this chapter shall be subject to a civil penalty of not more than $2,000 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of the violation, or both such civil penalty and injunctive relief. Upon application by the municipality for injunctive relief and a finding that a person is violating or threatening to violate a provision of this chapter, the superior court shall grant injunctive relief to restrain the violation.
B. Each day during which a violation described in this section occurs shall constitute a separate offense. (Ord. 11-02 § 4, 2011)
State law reference: Making a false report, AS 11.56.800.