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HomeMy WebLinkAboutOrdinance No. 03-1516 CITY OF THE COLONY, TEXAS oRDINANCE NO Og - ¢ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 13, ARTICLE V "ALARM SYSTEMS" OF THE CITY CODE OF ORDINANCES, BY AMENDING SECTION 13-52 BY AMENDING SUBSECTION (a) TO ADD A PROVISION FOR INVALID PERMITS AND BY DELETING SUBSECTION (b) IN ITS ENTIRETY AND RESERVING THE SAME FOR FUTURE USE; BY AMENDING SECTION 13-54 TO PROVIDE FOR AN ANNUAL FEE PER ALARM PERMIT AND EXPIRATION OF PERMIT; BY AMENDING SECTION 13-58, SUBSECTION (e), BY DELETING THE PROVISION WHICH REQUIRES NO FEES FOR PERMIT REINSTATEMENT; BY AMENDING SECTION 13-60 BY DELETING THE CURRENT LANGUAGE AND REPLACING THE SAME WITH A PROVISION FOR SYSTEMS USING AUTOMATIC TELEPHONE DIALING; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, alarm responses are the police departments most frequent calls for service; and WHEREAS, currently the City only charges a one-time registration fee for alarm permits; and WHEREAS, in conducting a study using the surrounding major cities, the City has found that all of the cities used in the study require an annual alarm permit fee; and WHEREAS, after due deliberations and consideration, the City Council of the City of The Colony finds that it is in the public interest to charge an annual alarm fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT That The Colony Code of Ordinances, Article V. ALARM SYSTEMS is hereby amended by amending Section 13-52(a) and (b), Section 13-54, Section 13-58(e), and Section 13-60, to provide for an annual permit fee and to delete and/or amend provisions in conflict with the same, which shall read as follows: "ARTICLE V. ALARM SYSTEMS Sec. 13-52. Permit required, application, transferability, false statements (a) A person commits an offense if he operates or causes to be operated an alarm system, or if he installs or causes to be installed an alarm system, without obtaining a valid alarm permit. Alarm permits that have expired or have been suspended will be invalid. (b) RESERVED FOR FUTURE USE. Sec. 13-54. Fee for permit. A twenty dollar ($20.00) fee is required armually for each permit. All permits will expire one (1) year from the date of issuance. Sec. 13-58. Suspension of permit, reinstatement after suspension. (e) A suspension may be lifted or permit reinstated upon a sufficient showing that the conditions which caused the action have been corrected and if the director determines that the alarm system is likely to maintained and operated in a responsible manner in accordance with the provisions of this article. Sec. 13-60. Recorded message alarm notification prohibited. No permit will be issued for systems using automatic telephone dialing to report an alarm condition by means of a recorded message. SECTION 3. PENALTY It is unlawful for any person to violate any provision of this ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than five hundred dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVING Chapter 13 of the Code of Ordinances of the City of The Colony, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance 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 that it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. EFFECTIVE DATE This ordinance shall become effective from and after its adoption and publication as provided by law. 61115 PASSED AND APPROVED ~y the City Council of the City of The Colony, Texas this the ,/ff~ day of ~j~, c~x_dx.z~_ ,2003. APPROVED: M~yor, City of The Texas Colony, Patti A. Hicks, TRMC. City Secretary, City of The Colony, Texas Bob Hager~'~/i~ttomey, City of The~ony, Texas 61115