SECURITY ALARM SYSTEMS

El Paso City Code tit. 5, ch. 5.13

in effect

El Paso City Code § 5.13.010 Definitions.

5.13.010 - Definitions. For the purposes of this chapter: A. "Alarm system" means any device or system used to detect or prevent burglary, theft, shoplifting, pilferage or other such emergency situations which when activated causes notification to be made directly or indirectly to the police department. The term includes an alarm or system that transmits a signal intended to summon the police department or is connected to an alarm system business and includes a local alarm system or an alarm that emits an audible or visual signal on the exterior of a structure. For purposes of this chapter, an alarm system shall not include: 1. An alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site; 2. An alarm device designed solely to detect or give notice of fire or smoke; or 3. An alarm installed upon premises occupied by the United States government, the state, the city, the county or by any government entity, situated within the corporate limits of the city. B. "Alarm site" means a single premises or location served by an alarm system or systems that are under the control of one person. C. "Alarm system business" means any person, partnership, corporation or other legal entity which installs, services, monitors or responds to alarm systems for compensation as defined by the Texas Occupations Code. D. "Applicant" means the person or entity who submits an application to obtain a permit and shall become the permit holder. E. "Automatic dialing device" means any device connected to an alarm system which automatically sends a prerecorded message or coded signal indicating the activation of the alarm system directly to the police department. F. "Conversion" means the transaction or process by which one alarm business begins servicing or monitoring of an alarm system installed by another alarm business or an alarm system which was previously serviced or monitored by another alarm business. G. "Duress alarm" shall mean the deliberate activation of a silent alarm by entering at a keypad a code that is different from the normal arm/disarm code or by a separate deliberate act at another device. H. "False alarm" means an alarm signal activated by an alarm system, eliciting a response by the police department within thirty minutes of the receipt of the alarm notification by the police department when, after inspection of the interior or exterior of the premises by a responding officer, there is no evidence, or available evidence, of an emergency or threat of emergency of the type for which the alarm system was designed to give notice. Factors to be considered by a responding officer as to whether the alarm signal was false or not include but are not limited to: whether it was caused by violent conditions of nature or an act of God; whether other extraordinary circumstances existed to cause the alarm to signal; or whether a person or persons lawfully on or at the premises acted or failed to act in any manner which results in the inability of the responding officer to gather evidence or make any inspection, determination, or report as set forth in this chapter. I. "Holdup alarm" shall mean the deliberate activation of an alarm giving notification of a robbery, attempted robbery or summons police aid for any other perceived life-threatening reasons. J. "Interconnect" means the connecting of an alarm system, including an automatic dialing device, to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system. K. "Local alarm system" means any alarm system, which is not monitored, that annunciates an alarm by an internal or external audio or visible device at an alarm site. L. "Panic alarm" shall mean an audible alarm signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. M. "Person" means any individual, partnership, corporation or other legal entity. N. "Police chief" shall mean the chief of police. O. "Relaying intermediary" means that portion of an alarm system business which receives or intercepts a signal or signals, indicating the activation of an alarm system and which relays this information to the police department. P. "Verify" means an attempt by the alarm business, or its representative, to contact the alarm site by telephonic or other electronic means before requesting a police dispatch whether or not actual contact with a person is made, in an attempt to avoid an unnecessary alarm dispatch. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.020 Permit—Required.

5.13.020 - Permit—Required. A. It shall be a violation for a person to operate, or cause to be operated, an alarm system until the established fee for either a residential or commercial alarm system has been paid and a permit has been issued by the city for such system. B. The police chief shall require that a valid permit be issued for an alarm site before a police officer or other law enforcement official responds, unless the alarm notification is: A duress alarm; a holdup alarm; a panic alarm; or reported to the 911 emergency telephone number or to the police department by any person with specific information indicating that there is possible criminal activity taking place at the alarm site. C. Any person who previously held a registration for an alarm system under the code, as it existed prior to April 1, 1993, must comply with all provisions of this chapter and apply to obtain a permit. D. Any outstanding fees or complaints as set forth in Section 5.13.070 must be resolved prior to the issuance of a permit. E. Persons applying for a permit for an alarm system owned or operated by the city shall not be required to pay the permit fee F. The permit holder for an alarm system shall keep such permit displayed at the property or location where such alarm system is installed and shall produce such permit for inspection upon the request of any member of the police department or the permit official. A permit holder who has been issued a decal by the city shall clearly write their permit number on the decal and shall conspicuously display the decal with the permit number so that the decal is visible from the front of the building or structure. A permit holder who operates an alarm system in a business shall conspicuously display the permit issued by the city at or near the location of the alarm control panel. G. All alarm system businesses shall notify new alarm system customers including customers acquired by a conversion of the alarm system of the existence and provisions of this chapter prior to the installation or conversion of the alarm system. Within thirty days after the installation of a new alarm system, or the performance of an alarm system conversion, all alarm system businesses shall provide notice of the installation or the conversion to the permit official on forms provided by the city. H. An alarm system business shall not install, activate and/or monitor any alarm system unless a valid alarm permit has been issued by the City of El Paso for an alarm site. I. 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. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and the city retains immunity from liability and suit based on a decision by the police department not to respond to an activation of a permitted or unpermitted alarm system. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.025 Alarm systems in multiple unit developments and unsold or unleased homes or businesses.

5.13.025 - Alarm systems in multiple unit developments and unsold or unleased homes or businesses. A. Each tenant, owner, or occupant of a multiple unit development, including but not limited to an apartment complex, multiple condominium units managed by another, duplexes, shopping mall or strip, or other similar developments, shall obtain a separate alarm permit from the city for an alarm system that is operated in their unit, whether the alarm system is furnished by themselves; the system is furnished by the owner, manager, or landlord of the unit as an amenity; the system is a multiple location system that is partitioned among several locations that separately or individually have access to use the system within one location or unit; or the system is contracted for by an individual tenant, owner or occupant. B. If the owner, manager, or landlord contracts with an alarm system business for the installation or operation of the alarm system on behalf of the tenant, owner, or occupant of the unit, the owner, manager, or landlord shall notify the tenant, owner, or occupant of the unit of the existence and provisions of this chapter prior to such time that the tenant, owner or occupant of the unit begins operation of the alarm system. C. Each owner, manager, or landlord of a multiple unit development must obtain a separate permit to operate an alarm system in any unleased or unsold unit or in any common areas of the development, including but not limited to, common tenant areas, offices, storage areas, and equipment areas. D. The owner, builder, or developer of an unsold or unleased home or business, including but not limited to newly constructed homes or businesses, must obtain a separate permit for each such home or business to operate an alarm system on the premises. E. For purposes of assessing civil penalties and enforcing this chapter, the person in an occupied, leased, or purchased unit is responsible for compliance with this chapter and for payment of civil penalties for excess false alarm notifications emitted from an alarm system in their unit and the owner, manager, or landlord is responsible for compliance with this chapter and for payment of civil penalties for excess false alarm notifications emitted from an alarm system in unleased or unsold units and in any common areas. The owner, builder, or developer of an unsold or unleased home or business is responsible for compliance with this chapter and for payment of civil penalties for excess false alarm notifications emitted from an alarm system on the premises. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.030 Application.

5.13.030 - Application. The application for the permit required by this chapter shall be made in writing to the permit official. The application may be made by the applicant or by any other person, including an alarm system business, with authorization from the applicant. Such application shall be made on a form designated by the city for that purpose and shall set forth: A. The name, address and telephone number of the applicant; B. If the applicant is a legal entity, the names and addresses of the corporate officers, partners or other persons legally responsible for the entity and the applicant must provide written authorization from the entity permitting the individual to sign and submit the application on behalf of the entity; C. The name, address and telephone number of the persons in operational control of the property, if other than the applicant or if the applicant is a legal entity; D. The street address of the property on which the alarm system is to be installed and operated; E. Any business name used for the premises on which the alarm system is to be installed and operated; F. The name, address and telephone number of the alarm system business, if any, that installed, services or monitors the alarm system or responds to the alarm system and the name, make, model or series number of the alarm system; G. 1. The names and telephone numbers of two persons, one of whom does not reside at the address of the permit location, or of an alarm business, which are able to and have agreed: a. To receive notification at any time; b. To come to the alarm site within one hour after receiving a request from a member of the police department to do so; and c. To grant access to the alarm site and to deactivate the alarm system if such becomes necessary; 2. Whenever a permit holder, person, or alarm system business listed in this section is unwilling or unable to perform the duties set out, the permit holder shall immediately amend such application setting forth the names and telephone numbers of two persons or an alarm system business willing to perform the duties as listed in this section. Amendments shall be made in person to the permit official or by sending written notice to the permit official. 3. The failure of a permit holder, person, or alarm company to respond under subsection G.1. of this section or noncompliance with subsection G.2. of this section may be cause for the revocation of the permit under this chapter, in addition to any penalties provided under this chapter; H. The permit holder must notify the permit official in writing of any change of the information required in the application for registration within twenty days of such change. A person who continues to operate an alarm system without providing changes to the information required under this sub-section commits an offense; I. No permit shall be issued to any applicant who fails to furnish the information required by this section. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.040 Permit term.

5.13.040 - Permit term. Permits issued pursuant to this chapter shall expire three years from the date of issuance, unless otherwise established, suspended or revoked. A permit may be issued for a one year period in cases of economic need or hardship at one-third the established three year fee. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012; Ord. No. 17779, § 1, 5-1-2012)

El Paso City Code § 5.13.050 Permit renewal.

5.13.050 - Permit renewal. If, thirty days prior to the expiration of the permit, there are no outstanding violations, citations or fees owed to the city by the permit holder which are directly related to the permit, the permit may be renewed for a period of three years, or as provided in Section 5.13.040, upon the filing of a new application and payment of the established fee. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012; Ord. No. 17779, § 1, 5-1-2012)

El Paso City Code § 5.13.060 Alarm user awareness class.

5.13.060 - Alarm user awareness class. The police chief may create and implement an alarm user awareness class that may be attended by alarm users. The class shall inform alarm users of the problems created by false alarms and teach alarm users how to avoid generating false alarms. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.070 False alarm penalties.

5.13.070 - False alarm penalties. Alarm systems owned or operated by the city shall not be assessed penalties for false alarms. All other permit holders or any other persons in control of an alarm system shall pay a false alarm civil penalty in accordance with Section 214.197, Local Government Code or its successor, for the signaling of a false alarm if at least three other false alarms have occurred during the preceding twelve-month period. The amount of the penalty for the signaling of a false alarm shall be fifty dollars if the location has had more than three but fewer than six other false alarms in the preceding twelve-month period; seventy-five dollars, if the location has had more than five but fewer than eight other false alarms in the preceding twelve-month period; or one hundred dollars, if the location has had eight or more other false alarms in the preceding twelve-month period. The police chief shall notify the permit holder or other person in control of the alarm system that the alarm site has exceeded three false alarm notifications in the preceding twelve-month period. The notice shall be made in writing and shall contain a statement that the permit holder may, at his or her election, attend an alarm user awareness class as set forth in Section 5.13.060 of this chapter. If the permit holder completes the alarm user awareness class within thirty days of the date of the notice or completes the next available alarm user awareness class, whichever occurs first, no penalty shall be accessed. Otherwise, the permit holder or other person in control of the alarm system shall pay the assessed penalty. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.080 Automatic dialing devices—Prohibited.

5.13.080 - Automatic dialing devices—Prohibited. It is unlawful for any person to program an automatic dialing device to select any telephone line into the police department. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.090 Direct alarm reporting—Automatic alarm notification prohibited.

5.13.090 - Direct alarm reporting—Automatic alarm notification prohibited. An alarm system, other than an alarm system in a financial institution, which transmits automatic alarm notifications directly to the communications center of the police department or the 911 District shall be prohibited. A. A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C., Section 1882) may install, with the permission of the chief of police and the 911 District, a signal line directly to the police department or the 911 District for the purpose of reporting burglaries and robberies. B. The financial institution shall pay the established annual fee for each indicator. The police chief shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements. If the police chief finds that the alarm system continually fails to operate or be operated to his satisfaction, he may terminate the privilege to have equipment and indicators in the communications center of the police department or the 911 District and require prompt removal of same at the expense of the financial institution. C. The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the instance of the financial institution or the chief of police on a twenty-four-hour basis, seven days a week. In no event shall the city become liable for service charges for repairs and maintenance of any such signaling device. D. The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief of police, whereupon such institution, at its expense shall have its equipment and indicators promptly removed from the monitor panel in the communications center or the 911 District. E. The police chief has the right to require any change, modernization or consolidation of alarm signaling equipment that he deems advisable. In no event shall the city become liable for charges for such changes. F. Instead of a direct line, a financial institution may instead choose to report burglaries and robberies by transmission through an alarm reporting service using a telephone number designated by the chief of police. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.100 Revocation—Procedure.

5.13.100 - Revocation—Procedure. A. The police chief may revoke an alarm permit or registration if it is determined that: 1. There is a false statement of a material matter in the application for a permit or registration; 2. The permit or registration holder has violated any part of this chapter or has failed to comply with or maintain any and all of the requirements applicable to the issuance of the permit as set forth in Section 5.13.030 of this chapter; 3. The permit or registration holder, or any other person in control of an alarm system has failed to pay a civil penalty assessed under Section 5.13.070 of this chapter within ninety days after a bill for the assessment was issued; 4. Eight or more false alarm notifications have been emitted from the alarm site during the preceding twelve-month period; 5. Five or more false alarm notifications have been emitted from the alarm site during the preceding twelve-month period which were emitted because of mechanical malfunction or faulty equipment; or 6. The person operating the permit holds a registration issued under provisions of the prior city code and has not applied to obtain a new permit as required under this chapter. B. Prior to taking action to revoke a permit, the police chief shall mail written notice of the grounds of such revocation to the permit holder. The permit holder may appeal the revocation of the permit pursuant to Section 5.01.090 of this Code. C. A permit or registration holder or other person commits an offense if he operates an alarm system during the period in which the alarm permit or registration is revoked. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.110 Revocation—Discontinuation of service.

5.13.110 - Revocation—Discontinuation of service. In the event that the police chief revokes an alarm permit in accordance with the provisions of this chapter for the reason stated in Section 5.13.100 A.5. of the city code, the police chief may further order the alarm system business to discontinue the service from such alarm system for such time as the permit for such system remains revoked. Notice of an order under this section shall be sent to the alarm system business by certified mail. The alarm system business shall comply with the order and discontinue alarm service within twenty-four hours after receipt of the notice. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.120 Appeal from assessment of civil penalty.

5.13.120 - Appeal from assessment of civil penalty. A. A permit holder or other person assessed a civil penalty may appeal the assessment of a civil penalty by requesting a hearing to be held before a municipal associate judge in municipal court. B. The request for an appeal must be made in writing and delivered to the clerk of the municipal court not more than ten days after the bill for the assessment of the civil penalty is issued. A copy of the written appeal shall be sent by the appealing party to the police chief. C. A municipal associate judge shall, as soon as practicable, hear such appeal, after reasonable notice to the appealing party and to the police chief. D. The appealing party and the police chief shall have opportunities to present evidence and make argument on their behalf. The formal rules of evidence do not apply to an appeal under this section. E. A municipal associate judge shall make his ruling on the basis of substantial evidence presented at the hearing. A municipal associate judge shall affirm, reverse or modify the assessment of the civil penalty, except, that a municipal associate judge may not reduce or increase the amount designated in Section 5.13.070 for a civil penalty that is assessed for a false alarm notification determined by a municipal associate judge to have occurred. The decision of a municipal associate judge is final. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012; Ord. No. 019641, § 1, 6-11-2024)

El Paso City Code § 5.13.130 Reinstatement of permit.

5.13.130 - Reinstatement of permit. Except as provided in subsection B. of this section: A. A permit holder or other person whose alarm permit or registration has been revoked may be issued a new permit provided that all outstanding civil penalties assessed under this chapter for which a bill has been issued have been paid and the person: 1. Meets the qualifications of an applicant; 2. Submits an updated application and pays the established permit fee; and 3. Pays, or otherwise resolves, all complaints in municipal court issued to the person under this chapter. B. The reinstatement of a permit may be refused if the police chief determines that the system proposed to be used or persons responsible for the alarm system under the reinstated permit have a history of unreliability. Factors to be used in determining a history of unreliability shall include: 1. Ten or more false alarm notifications in the thirty-day period prior to the revocation of the permit; or 2. Two or more incidents of failure of the permit holder or alarm service business to respond to false alarm notifications by the police department in the thirty-day period prior to the revocation of the permit; or 3. Two or more incidents of continuing alarm system operation during the period in which the permit was revoked; or 4. Failure to provide proof that an alarm system business has properly serviced the system and corrected any deficiencies. C. An appeal of the decision of the police chief to refuse to reinstate a permit under subsection B. of this section may be made to a municipal associate judge in the same manner as an appeal from the assessment of a civil penalty in Section 5.13.120. A municipal associate judge shall affirm or reverse the decision of the police chief. The decision of a municipal associate judge is final. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012; Ord. No. 019641, § 2, 6-11-2024)

El Paso City Code § 5.13.140 Proper alarm system operation and maintenance

5.13.140 - Proper alarm system operation and maintenance A. A permit holder or other person in control of an alarm system or premises in which an alarm system is operated: 1. Shall maintain premises containing an alarm system in a manner that insures proper operation of the alarm system; 2. Shall maintain the alarm system in a manner that will minimize false alarm notifications; 3. Shall not manually activate an alarm for any reason other than for an occurrence of an event as set forth in Section 5.13.010 A. of this chapter. B. A permit holder or person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm audible on the exterior of the alarm site will be actuated for no longer than ten minutes after being activated. It shall be a violation for an alarm signal to sound at an alarm site continuously for more than fifteen minutes. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.150 Manual reset required.

5.13.150 - Manual reset required. A. A permit holder or person in control of an alarm system which utilizes equipment that is capable of being adjusted so that the mechanism, upon activation, will not make or transmit another alarm signal from the alarm or a separate zone therein without first being manually reset, shall adjust or cause the system to be adjusted so that it will not make or transmit another alarm signal from the alarm or a separate zone therein that triggered a false alarm without first being manually reset. B. No person, on or after July 1, 1996, shall install on premises located in the city an alarm system or replacement equipment which controls the system for an existing alarm system that does not utilize equipment that is capable of being adjusted so that the mechanism, upon activation, will not make or transmit another alarm signal from the alarm or a separate zone therein without first being manually reset. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.160 Reporting of alarm signals.

5.13.160 - Reporting of alarm signals. A. A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this chapter or that is not licensed by the Texas Board of Private Investigators and Private Security Agencies, as may be required. B. Before requesting a police response to an alarm signal, an alarm business must attempt to verify every alarm signal except for an alarm signal authorized under Section 5.13.090 of this chapter, an alarm signal emitted from a certified UL system, or an alarm signal emitted from an alarm system owned or operated by the city. If there is no response or confirmation in the initial verification attempt, an alarm business or its representative, shall make a second verification attempt to the alarm site and/or alarm user to determine whether an alarm signal is valid before requesting law enforcement dispatch. C. An alarm notification may be canceled by the alarm system business by notice to the police department within four minutes of the alarm notification or prior to the arrival of a police officer at the scene of the alarm site, whichever occurs first, and the police department shall accept such cancellation of an alarm notification and a false alarm will be avoided. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.170 Alarm dispatch records.

5.13.170 - Alarm dispatch records. A. The police department and the officer responding to a dispatch resulting from an alarm notification shall record or cause to be recorded such information as necessary to permit the police chief to maintain records, including but not limited to the following information: 1. Identification of the alarm site; 2. Date, dispatch received time and arrival time; 3. Weather conditions; 4. Name of permit holder's representative on premises, if any. B. The responding officer shall indicate or cause to be indicated on a record the presence or absence of factors indicating whether the notification was caused by a criminal offense. C. A copy of the record, as recorded at the alarm site by the responding officer, shall be left at the alarm site whenever possible. Otherwise, all records relating to the response shall be available upon written request, as permitted under the Texas Public Information Act, through the police department identification and records section. D. In the event that a person or persons lawfully on the premises act or fail to act in any manner which results in the inability of the responding officer to make any inspection, determination, or report as set forth in this chapter, the officer shall make a determination that the alarm was false and shall note such determination on a record. In such an event, the officer shall not be required to leave a copy of the record at the alarm site. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.180 Penalties.

5.13.180 - Penalties. A. Any permit holder or other person who violates any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Chapter 1.08 of this Code by a fine not to exceed five hundred dollars. Each day the violation occurs shall constitute a separate offense. B. Each permit holder and each person having control over property on which an alarm system is installed has an affirmative duty to comply with all provisions of this chapter, and it shall not be a defense to prosecution of such a person that he was acting without a culpable mental state. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

El Paso City Code § 5.13.190 Severability.

5.13.190 - Severability. That the terms and provisions of the ordinances codified in this chapter are severable. If any provision, including inter alia any exception, defense, subsection, part, phrase, term, or word, or the application thereof to any person or circumstance is held invalid or unconstitutional by valid judgment or decree of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter and such remaining portions shall remain in full force and effect. (Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT5BULIPERE_CH5.13SEALSYFetched: 10/28/2026