Chapter 9.5. Alarm Systems

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm site. The specific property or area of the premises upon or within which an alarm system is or is to be installed.

Alarm system. Any device used to detect or prevent burglary, theft, shoplifting, pilferage, fires or other such emergency situations which, when activated, causes notification to be made directly or indirectly to the police department; or any device or system designed primarily for the purpose of giving an audible or visual signal of an attempted burglary, theft, shoplifting, pilferage, fires or other such emergency. For the purposes of this article an alarm system shall not include:

(a) An alarm installed on a motor vehicle;

(b) An alarm designed so that no notification is given to the police until after the occupants or an agent of the owner or lessee has checked the alarm site and determined that there is physical evidence at the site showing that the alarm was the result of criminal activity of the kind for which the alarm system was designed to give notice if a person who is able to grant access to the alarm site remains at such site until police arrive whenever the police are notified; or

(c) An alarm installed upon premises occupied by the United States Government, the State of Texas, the County of Harris, the City of Bellaire, the Metropolitan Transit Authority of Harris County, the Houston Independent School District, or any other governmental entity.

Alarm system business. Any business that alters, installs, maintains, moves, repairs, replaces, sells, services, responds to, or monitors an alarm system. It shall also mean any person employed by or otherwise associated with such a business and who has access to confidential information relating to a customer of such business which could be used to compromise or defeat an alarm system.

Automatic dialing device. Any device connected to an alarm system which automatically sends a prerecorded message or coded signal to a predetermined location, indicating the activation of the alarm system.

Burglar alarm. Any device intended to prevent or detect an unauthorized entry or attempted unauthorized entry into the alarm site.

Central station. That part of an alarm system business which intercepts signals indicating the activation of an alarm device and which relays this information by live voice to the police department.

False alarm. Any alarm which was not the result of an emergency or threat of emergency of the kind for which the alarm system was designed to give notice.

Fire Alarm. Any device or combination of devices intended to detect the presence of combustion, smoke, fire, or flame in any occupancy.

Hold-up alarm. Any device activated by human action as a result of robbery or attempted robbery at or on the alarm site.

In-station alarm. Any alarm device that is installed in the communication office of the Bellaire Police Department under the provisions of this Code and in accordance with the requirements as herein provided.

Local alarm. Any alarm emitting audible and/or visual signals in, at or on the alarm site when activated and which causes notification to be made directly or indirectly to the police department.

Permit. A certificate of authorization issued by the police department of the City of Bellaire to the person in control of the property which authorizes the operation of an alarm system.

Permit holder. The individual, corporation, partnership or other legal entity to whom an alarm system permit is issued.

Person. Any individual, partnership, corporation or other legal entity.

Telephone answering service. Any business, other than an alarm system business, which intercepts signals indicating the activation of an alarm system and which relays this information by live voice to the police department.

Thirty minute shut-off. An automatic device associated with a local alarm which automatically causes the alarm to shut off and discontinue the emission of an audible signal after a period of time not to exceed 30 minutes of continuous operation.

(Ord. No. 91-103, § 1, 12-16-1991; Ord. No. 23-035, § 1(App. A), 6-5-2023)

No person shall operate, cause to be operated or permit the operation of an alarm system unless a current permit has been issued by the police department for such system. Provided, however, this section shall not be applicable to an alarm system business which monitors, services, or monitors and services, an alarm system installed and designed to protect property under the control of a person other than the alarm system business; but the person in control of the property which the alarm system is designed to protect shall be subject to prosecution if he permits the operation of such system without a valid permit.

The person in control of the property may obtain a separate permit for each alarm system or may obtain a single permit for all alarm systems on as much of the property as is under the control of the applicant for the permit, except that one permit shall not permit the operation of both hold-up alarms and burglar alarms. If both hold-up alarms and burglar alarms are operated on the property, a single permit may be obtained for all hold-up alarms on so much of the property as is under the control of the applicant and a separate single permit may be obtained for all burglar alarms on the property under the applicant's control.

Each permit issued in accordance with this article shall be valid for a period of 12 months from the date of issuance and must be renewed, unless it is revoked in accordance with this chapter, or unless the control of the property is transferred from the permit holder.

The permit holder for an alarm system or fire alarm shall keep such permit at the alarm site and shall produce such permit for inspection upon the request of any member of the police department and/or fire department.

(Ord. No. 23-035, § 1(App. A), 6-5-2023; Ord. No. 25-013, § 1(Exh. A), 1-27-2025)

Application for a permit for the operation of an alarm system shall be made by a person having control over the property on which the alarm system is to be installed and operated. Such application shall be made in writing and in duplicate to the police department on a form designated by the city for that purpose. On such application, the applicant shall set forth:

(a) The name, address and telephone number of each person in control of the property;

(b) The street address of the property on which the alarm system is to be installed and operated;

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

(d) Whether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, hold-up or other type of emergency;

(e) The name of the person or alarm system business who will install the alarm system;

(f) The names and telephone numbers of an alarm system business or of two persons who are able to and have agreed to:

(i) Receive notification at any time;

(ii) Come to the alarm site within one-half hour after receiving a request to do so from the building official or a member of his staff or from a member of the Bellaire Police Department; and

(iii) Grant access to the alarm site and to deactivate the alarm system if such becomes necessary;

or the name and telephone number of an alarm system business which is able to and has agreed to receive calls at any time and to give the building official and/or the police department the names of persons listed with that company, as set out in subsections (i), (ii) and (iii) below, if:

(i) The permit holder has given the alarm system business the names and telephone numbers of two persons who are able to and have agreed to receive notification at any time, to come to the alarm site within one-half hour after receiving a request to do so from the building official or a member of his staff or from a member of the Bellaire Police Department, and to grant access to the alarm site and to deactivate the alarm system if necessary;

(ii) Whenever a person listed with the alarm system business pursuant to subsection (i) above is unwilling or unable to perform the duties set out, the permit holder has given the name and the telephone number of another person who is able and willing to perform the duties so that at least two persons able and willing to perform such duties are listed with the alarm system business at all times; and

(iii) The permit holder has authorized the alarm system business to provide the names listed with that business pursuant to subsections (i) and (ii) above to the building official and the police department whenever that official and/or department requests that information in order to obtain assistance after an alarm has been activated; and

(g) Whether all fees charged such applicant under the provisions of this chapter have been paid.

Such application shall be subscribed to by the person making application for the permit.

Any application for a permit filed shall demonstrate compliance with all provisions of the Code of Ordinances of the City of Bellaire; and in addition to the permit herein required, any applicant for a permit hereunder shall obtain all additional permits required under the Code.

The police department shall issue a permit to the individual, corporation, partnership or other legal entity in control of the property upon submission of an application therefor in accordance with this section and payment of the permit fee, unless the police department finds that any statement made in the application is incomplete or false.

Immediately after receipt of the application for a permit and payment of the permit fee, the police department shall forward the duplicate applications to the building official and the director of finance. The building official and the director of finance shall treat all information on such applications as confidential information; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate purposes relating to the health, safety, and well-being of the community and for enforcement of the terms and provisions of this chapter.

(Ord. No. 88-024, § 1, 6-20-1988; Ord. No. 23-035, § 1(App. A), 6-5-2023)

Whenever a person listed on the application or listed on an amendment to the application is unable or unwilling to perform the duties as set out herein, the permit holder shall file an amendment to the permit application within 72 hours listing a person or company who is able and willing to perform those duties so that all times the application on file with the building official and the police department designates at least two persons or an alarm system business who are able and willing to perform such duties.

(Ord. No. 23-035, § 1(App. A), 6-5-2023)

No person shall operate or shall permit the operation of an alarm system which was installed on his property prior to the effective date of this chapter unless a permit for such alarm system is obtained within 180 days after the effective date of this chapter. To obtain such a permit, the person in control of the property shall file an application therefor pursuant to this chapter and pay the permit fee. Provided, however, this section shall not be applicable to an alarm system business which monitors, services, or monitors and services, an alarm system installed and designed to protect property under the control of a person other than the alarm system business; but the person in control of the property which the alarm system is designed to protect shall be in violation of this Code if he permits the operation of such system without a valid permit.

Each permit issued in accordance with this chapter shall be valid until such time as the control of the property is transferred from the permit holder. Upon such transfer of control of the property, a new permit shall be obtained.

The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of permit fees. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire.

Each permit issued pursuant to this chapter shall be personal to the permit holder and is not transferable.

The permit holder for an alarm system shall keep such permit at the alarm site and shall produce such permit for inspection upon the request of any member of the Bellaire Police Department.

The person in control of the property on which an alarm system is installed shall:

(a) Ensure that any person listed with the building official or the police department for the purpose of notification pursuant to the provisions of this chapter is able to:

(i) Receive notification at any time;

(ii) Come to the alarm site within one-half hour after receiving a request to do so from the building official or a member of his staff or from a member of the Bellaire Police Department; and

(iii) Grant access to the alarm site and to deactivate the alarm system if such becomes necessary;

(b) Train all persons who may activate the alarm system in the proper operation of the alarm system.

(Ord. No. 88-024, § 2, 6-20-1988)

The person in control of the property shall ensure that the alarm system is repaired within 72 hours of receipt of written notification that such system is malfunctioning, such notice to be given on a form designated by the police department to such person or to his employee or his agent by a member of the police department designated by the chief of police to give such notices.

The person in control of the property may cause such system to be deactivated rather than repaired if he so desires. If he does deactivate such system rather than causing it to be repaired, such system shall not be reactivated until it has been repaired.

Any person who is notified by the building official or any member of his staff or by any member of the police department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within one-half hour of the time such person is notified of such activation and shall provide the building official, or his staff, or the police department any necessary access or assistance.

(Ord. No. 88-024, § 3, 6-20-1988)

No person shall install, cause to be installed or permit to be installed any alarm system unless the requirements of this section are met.

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

(b) Any local alarm system shall have a 30 minute shut-off and must not make a sound similar to that of a siren or any emergency vehicle or similar to a civil defense warning system.

(c) 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.

(d) No local alarm shall be activated by a hold-up alarm.

(e) No person shall use or permit the use of any telephone device or telephone attachment which automatically selects any telephone line leading into the communication center of the police department or any number leading into the offices of the City of Bellaire and then transmits any prerecorded message or signal.

(f) No person shall use or permit the use of any system which gives notification of the activation of an alarm system directly to the police department by any means other than live human voice.

(g) The chief of police and/or the building official may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to the police department of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any alarm system business or telephone answering service requesting same.

(h) Alarm systems shall be provided with standby power to automatically maintain the system in a normal condition for a period of four hours in the event of the interruption of the primary power source. This does not apply where the central monitoring equipment produces a distinctive signal indicating power failure at the protected premises and a police response is not required.

(Ord. No. 23-035, § 1(App. A), 6-5-2023)

Prior to doing business within the City of Bellaire, an alarm system business shall register with the building official and the police department on a form designated by the city for that purpose. On such form, the business shall set forth:

(a) The full name and address of the alarm system business;

(b) The full name, business address and home address of the manager who is so licensed by the State of Texas; and

(c) A telephone number at which the building official or the police department can notify personnel of the business of a need for assistance at any time.

An alarm system business doing business in the city upon the effective date of this chapter shall have 30 days to register with the building official and the police department as required above.

Each alarm system business shall notify the building official and the police department in writing of any change of the licensed manager for the business within 48 hours after such change and of any change in telephone number at which personnel can be reached prior to such change.

Any alarm system business which installs an alarm system within the City of Bellaire shall provide the building official and the police department of the following information on a form designated by the city:

(a) The address where such system is installed;

(b) The name and address of the person having control over the property; and

(c) The type of alarm system.

Such form shall be submitted to the building official and the police department not earlier than 20 days prior to the installation of such system and not later than 48 hours after such system is installed. The building official and the police department shall protect such information as confidential information, and its use shall be restricted to legitimate law enforcement purposes and to enforcement of this chapter.

Whenever an alarm system business agrees with any person to maintain or service any alarm system, such business shall:

(a) Ensure that personnel of such business who are able to render effective assistance arrive at such alarm site within one-half hour of a request for assistance by the building official or a member of his staff or by a member of the police department if such alarm system business has agreed with any person to respond to such alarm system.

(b) Ensure that sufficient personnel of such business are available to provide service and to repair any alarm system such business has agreed to maintain or service within 72 hours after notification that such system is in need of repair is received from any person in control of the property, from a member of the police department designated by the chief of police to give such notice, or from the building official or any member of the building official's staff.

(c) Keep a written record of the date and time of repair and a description of the specific repair which was performed on any alarm system when such repair was made in response to notification by the person in control of the property, by a member of the police department or by the building official or any member of his staff, that such alarm system was in need of repair. Such written record shall be maintained for at least two years and shall be made available for inspection and duplication by any member of the building official's staff, designated by the building official, or any member of the police department, designated by the chief of police, to inspect such records when such member of the building official's staff or the police department makes demand at the office of the alarm system business during regular business hours.

(Ord. No. 88-024, § 4, 6-20-1988)

Any alarm system business which operates a central station and any telephone answering service shall:

(a) Have sufficient personnel, trained in the procedures to be followed in receiving and relaying notice of the activation of any alarm system, on duty at all times to ensure that emergency messages or alarm signals received by such business can be relayed immediately to the police department;

(b) Notify the person in control of the property or his designated employee of the activation of the alarm system within 24 hours of the time the alarm was activated by telephone or by placing such notice in the mail, addressed to the person in control of the property;

(c) Keep a written record of the date and time each notification of the activation of an alarm system is received and the date, time and method the person in control of the property or his designated employee was notified. Such written records shall be maintained for at least two years and shall be made available for inspection by any member of the building official's staff, designated by the building official, or any member of the police department designated by the chief of police, to inspect such records when such member of the building official's staff or the police department makes demand at the office of the alarm system business or telephone answering service during regular business hours;

(d) Test or cause to be tested all equipment used by the central station or telephone answering service relating to the receipt of notifications of the activation of any alarm system and the equipment used in relaying those notifications to the police department, at least one time in every calendar year and, where a test result is unsatisfactory, correct or cause to be corrected, within a reasonable period of time not to exceed seven days, the cause of the unsatisfactory test result;

(e) Produce evidence of the results of tests conducted pursuant to subsection (d) above upon request of a member of the building official's staff, designated by the building official, or a member of the police department designated by the chief of police, to inspect such evidence. The requirements of this subsection shall be satisfied if such results are made available at the central station or telephone answering service on the next regular business day after demand is made;

(f) Not provide answering services for any alarm system business which is not licensed by the State of Texas.

(Ord. No. 88-024, § 5, 6-20-1988)

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 sounded solely for the purpose of testing the alarm and the person who tested the alarm took reasonable precautions to avoid any request being made to the police department to respond to such alarm. This section shall not apply to conduct which is in violation of V.T.C.A., Penal Code § 42.06.

The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of false alarm fees. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire. No penalty or fee for signaling of a false alarm by a burglar alarm system shall be made unless at least three other false alarms have occurred during the preceding 12 months.

(Ord. No. 91-103, § 2, 12-16-1991; Ord. No. 21-068, § 7, 11-15-2021; Ord. No. 23-035, § 1(App. A), 6-5-2023; Ord. No. 25-013, § 2(Exh. B), 1-27-2025)

All persons subject to the provisions of the Private Security Act, V.T.C.A., Occupations Code § 1702.001 et seq., are required to comply with all applicable provisions of that act.

Nothing contained in this chapter shall control any alarm systems operated, owned or maintained by the City of Bellaire, the Metropolitan Transit Authority of Harris County, Texas, the Houston Independent School District or any other governmental entity.

The City of Bellaire shall not at any time terminate its law enforcement to an alarm held by a permit holder because of excess false alarms if the false alarm fees are paid in full. No alarm permit shall be terminated or fail to be renewed without giving at least 30 days notice to the permit holder. No permit may be cancelled, nor renewal denied, without fully complying with the terms and provisions of this section. Written notice shall be given at least 30 days prior to termination. Prior to termination, the permit holder may request a hearing before the city manager. The notice of termination shall specify the reasons for termination. If a hearing is requested, the permit holder shall be advised as to the date, time and place of such hearing. The permit holder may appear in person or be represented by counsel, may present testimony and may cross-examine all witnesses.

All hearings shall be conducted under rules consistent with the nature of the proceedings, provided that the following rules shall apply to such hearings:

(a) All parties shall have the right to representation by a licensed attorney although an attorney is not required;

(b) Each party may present witnesses in their own behalf;

(c) Each party has the right to cross-examine all witnesses; and

(d) All the evidence presented before the hearing officer at such hearing may be considered in rendering a final report.

If the permit holder fails to appear at the hearing at the date, time and place specified, the city shall present sufficient evidence to establish a prima facie case showing four or more false alarms, for which responding officers have been unable to find proof of robbery or attempted robbery, burglary or attempted burglary, any criminal activity, fire, smoke, arson or attempted arson, having been activated within the current calendar year or the calendar year immediately preceding the date of the noticed hearing.

If the city manager finds that grounds exist for the revocation of the permit for the alarm system, the city manager may revoke such permit and shall give written notice to the permit holder of such revocation. Upon receipt of such notice, the permit holder may, on or before the expiration of ten days from the date of receipt of said notice, file a request with the city clerk for a hearing de nova before the city council of the City of Bellaire. Such requests shall be accompanied by a fee in the amount which shall be established by the city manager. The city council shall conduct a hearing in accordance with the terms and provisions of law and shall hear such witnesses as shall reasonably be presented and shall make findings thereon in the same format as was previously required of the city manager. If the city council finds that grounds exist for the revocation of the permit for the alarm system, it may revoke such permit and so instruct the city clerk to give written notice to the permit holder of such revocation. The decision of the city council shall be final and binding. Upon receipt of such notice, the permit holder shall disconnect such alarm system immediately and shall surrender any previously issued permit to the city manager.

Written notice shall be given to the permit holder as to the results of any hearing conducted by the city manager or the city council.

(Ord. No. 91-103, § 4, 12-16-1991; Ord. No. 23-035, § 1(App. A), 6-5-2023)

After a permit for an alarm system has been revoked, the person in control of the property on which the alarm system is located may make application to the city for reinstatement of the permit. In addition to information required in any permit application, an applicant for reinstatement shall also submit to the city an affidavit of an alarm inspector employed by an alarm system business which is registered with the city under the terms and provisions of section 9.5-14 of this chapter. Such affidavit shall certify that the alarm system for which the permit reinstatement is sought is mechanically sound and free of defects which tend to produce false alarms.

Upon receipt of such application and affidavit, the city shall reinstate such alarm permit upon deposit by the applicant with the City of Bellaire the sum of $1,000.00. Such deposit shall be held by the City of Bellaire for a period of one full year following the date of reinstatement at the end of which time, if the subject alarm has produced three or fewer false alarms during such year, the deposit shall be returned to the permit holder. However, in the event of more than three alarms during such period, any fees and charges assessed under the terms, conditions and provisions of this article may be charged against such deposit, and the balance of such deposit will not be returned to the permit holder until further revocation of the permit or until completion of one year in which three or fewer false alarms occur, whichever shall occur first.

(Ord. No. 92-049, § 1, 6-15-1992; Ord. No. 23-035, § 1(App. A), 6-5-2023)

Upon the adoption of this chapter, the chief of police of the City of Bellaire may give notice to all persons or corporations maintaining an alarm monitoring station in the communication office of the Bellaire Police Department that the city shall cause the disconnection and removal of such monitoring panel within 30 days thereof; and it shall be the duty and responsibility of all such persons to remove such equipment if they desire to reclaim the same within 15 days thereafter.

The City of Bellaire may permit the installation of alarm systems in the communication office of the Bellaire Police Department, which shall be maintained and serviced by an appropriately licensed company. In accordance with rules and regulations promulgated by the city manager, a licensed company shall provide monitoring stations in a number as shall be determined by the city manager.

At no time, shall the City of Bellaire assume any liability for the proper monitoring of such panels or indications that may appear thereon, nor shall the City of Bellaire assume any liability of any nature for the payment of any fees, costs and expenses, nor shall the City of Bellaire receive or accept any compensation by reason of the provisions herein.

The city manager may promulgate administrative regulations deemed necessary for the control and maintenance of installations in the communications office of the Bellaire Police Department.

TABLE NO. 38-1 - STANDPIPE REQUIREMENTS

1. Class II standpipes need not be provided in assembly areas used solely for worship.

2. Class II standpipes need not be provided in basements having an automatic fire-extinguishing system throughout such basement.

3. Combined systems with their related water supplies may be used in sprinklered buildings.

4. Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have Class II standpipes installed as required for the unsprinklered portions.

5. In open structures where Class II standpipes may be damaged by freezing, the building official may authorize the use of Class I standpipes which are located as required for Class II standpipes.

6. Hose is required for Class II standpipes only.