§ 16-60. Violation.

(a)

It is unlawful for any person to install, cause to be installed, or permit the installation of a burglar alarm system or fire alarm system within the city without filing a registration of same with the building technician. Applications for registration shall be available at the city office, and each application shall comply with section 16-59(a); provided, however, in the event the burglar alarm system or fire alarm system is used in conjunction or in combination with a burglar alarm protection service or fire alarm protection service, then in such event the application shall also comply with section 16-59(b).

(b)

It is unlawful for any person to install, cause to be installed, or permit the installation of a burglar alarm protection service or fire alarm protection service within the city without filing a registration of same with the building technician. Applications for registration shall be available at the city office, and each application shall comply with section 16-59(b).

(c)

It is unlawful for any person to operate or permit the operation of a burglar alarm system, fire alarm system, burglar alarm protection service, or fire alarm protection service, on property over which such person has control, which was installed prior to the effective date of the ordinance from which this article is derived unless such person has registered such burglar alarm system, fire alarm system, burglar alarm protection service, or fire alarm protection service within 120 days from the effective date of the ordinance from which this article is derived.

(d)

Shut-off requirements:

(1)

It is unlawful for any person to install, cause to be installed, or permit the installation of any burglar alarm system or fire alarm system within the city which is not equipped with a shut-off device. For the purposes of this section the term "shut-off device" means an automatic device which causes the audible signal of the alarm to be shut-off and discontinued after a period of time not to exceed 15 minutes from the time of the commencement of the emission of such audible signal.

(2)

It is unlawful for any person to operate, cause to be operated, or permit the operation of a burglar alarm system or fire alarm system within the city which is not equipped with a shut-off device designed and adjusted to discontinue the emission of the audible signal of such alarm within 15 minutes from the time of the commencement of the emission of such audible signal. Exception: A person in control of property upon which a burglar alarm system or fire alarm system is operating on the effective date of the ordinance from which this article is derived shall not be deemed in violation of subsection (d)(2) of this section for a period of four months from the effective date of the ordinance from which this article is derived.

(3)

It is unlawful for any person to install, cause to be installed, or permit the installation of any alarm system within the city equipped with an automatic dialing device unless same is equipped with a means to automatically disconnect and discontinue the transmittal of the prerecorded message after same has been communicated to the police department or fire department. For the purposes of this section, an automatic dialing device is any device connected to any alarm system which automatically sends a prerecorded message indicating the activation of the alarm system to the police department or fire department.

(4)

It is unlawful for any person to operate, cause to be operated, or permit the operation of an alarm system within the city equipped with an automatic dialing device unless same is equipped with a means to automatically disconnect and discontinue the transmittal of the prerecorded message after same has been communicated to the police department or fire department. Exception: A person in control of property upon which an alarm system is operating on the effective date of the ordinance from which this article is derived shall not be deemed in violation of subsection (d)(4) of this section for a period of four months from the effective date of the ordinance from which this article is derived.

(5)

Sprinkler system exception. Notwithstanding any other provision of this article to the contrary, the provisions of subsections (d)(1) through (4) of this section shall not apply to any fire alarm system or fire alarm protection service, or the erection, operation, or maintenance thereof, if such system or service activates, operates, or deactivates a sprinkler system. For the purposes of this subsection, the term "sprinkler system" means a sprinkler system for fire protection purposes and is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes a water supply such as a gravity tank, fire pump, reservoir or pressure tank, and/or connection by underground piping to a city main. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.

(e)

No person shall intentionally 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 an affirmative defense to prosecution under this section 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 being made to the police department or fire department to respond to such alarm. This section shall not apply to conduct which is in violation of section 42.06 of the state penal code.

(Code 1994, art. 7.300)