HomeMy WebLinkAboutOrdinance No. 384 CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES
RELATING TO OFFENSES AND MISCELLANEOUS PROVISIONS
BY ADDING SECTION 13-6 RELATING TO THE OPERATION OF
ANY RADIO TUNED TO THE SHORTWAVE RADIO FREQUENCY
OF THE POLICE OR FIRE DEPARTMENT; PROVIDING FOR THE
ISSUANCE OF A PERMIT TO OPERATE SUCH A RADIO UPON
APPROVAL BY THE CHIEF OF POLICE AND FIRE CHIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A ViOLATION
OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
Section 1. That Chapter 13 of the Code of Ordinances of the City of
The Colony, Texas (the "City") relating to offenses and miscellaneous provisions
is hereby amended in the following particulars, and that all other sections,
subsections, paragraphs, sentences, words and phrases of said Code of Ordinances
are not amended but are hereby ratified, verified, approved and affirmed:
A. That Chapter 13 is hereby amended by adding new Section 13-6
relating to the operation of any radio tuned, or which may be tuned, to
the shortwave radio frequency of the City's Police and Fire Department,
to read as follows:
"Sec. 13-6 Police and Fire Radios. It shall be unlawful
for any person to install, use, operate or permit to remain
in any vehicle, including any taxicab, wrecker or ambulance,
or for any person to wear or carry about his person or use
or operate in a public place any radio tuned to the
shortwave radio frequency of the police or fire department,
without first having obtained a permit for the possession or
operation of the same from the Chief of Police or Fire
Chief, respectively.
"(a) An application for a permit shall be submitted on a
form provided by the City. Said application shall include
the name, date of birth, drivers license number, type and
make of vehicle in which the radio is to be placed, if any,
and a statement of the reason the application is being filed.
"(b) The Chief of Police or the Fire Chief, as required,
shall review the application and grant or deny the same
within thirty (30) days from the date the application was
submitted. The Chief of Police or the Fire Chief, in
reviewing the application, may consider whether or not
there exists a bona fide reason or necessity for the issuance
of the permit, such as the operation of a wrecker service or
the fact that the applicant is a police reserve officer.
"(c) A fee of $ ~. (~)(~) shall be collected by the City
from the applicant prior to the issuance of any permit."
Section 2. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is
held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this ordinance;
and the City Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 3. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each
offense and a separate offense shall be deemed committed upon each day during
or on which a violation occurs.
Section 4. The fact that the present ordinances and regulations of the
City of the Colony, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of The
Colony, Texas, creates an emergency for the immediate preservation of the
public business, property, health, safety, and general welfare of the public which
requires that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
~;~.ASSED AND APPROVED on this the /~day of~~
198 .
ATTEST:
~~ he
City Secretary~ Colony, Texas
[SEAL]
APPROVED AS TO FORM: