HomeMy WebLinkAboutOrdinance No. 06-1693
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06-1 uq 6
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES BY AMENDING
CHAPTER 13, ARTICLE V. ALARM SYSTEMS, BY REPEALING
SECTION 13-55, SUBSECTION (a)(l), AND REPLACING WITH A NEW
SUBSECTION (a)(1) PROVIDING THE MINIMUM NUMBER OF FALSE
BURGLAR/INTRUSION ALARMS PERMITTED WITHIN THE CITY
BEFORE THE ASSESSMENT OF A SERVICE CHARGE; BY
AMENDING SECTION 13-58 BY REPEALING SUBSECTION (d)(l) AND
REPLACING WITH A NEW SUBSECTION (d)(l) TO PROVIDE FOR
THE MAXIMUM NUMBER OF FALSE ALARMS DURING A TWELVE
(12) MONTH PERIOD WHICH MAY CAUSE SUSPENSION OR
INABILITY TO RENEW AN ALARM PERMIT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500) FOR EACH AND EVERY OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 13, Article V of the Code of Ordinances provides for Alarm Systems
within the City of The Colony; and
WHEREAS, Section 13-55 provides for service charges, in part, for false burglar / intrusion
alarms; and
WHEREAS, Section 13-58 provides, in part, for the suspension or refusal to renew a permit
based on the number of false alarms within a twelve (12) month period; and
WHEREAS, based on recent changes in State law, the staff has made recommendation that
the sections provided for herein be amended; and
WHEREAS, the City Council has determined that Sections 13-55 and 13-58 of Chapter 13,
Article V, should be amended as provided herein in accordance with State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 13, Article V. ALARM SYSTEMS, by
amending by repealing Section 13-55, Subsection (a)(I), and replacing with a new Subsection
(a)(1) providing the minimum number of false burglar/intrusion alarms permitted within the City
before the assessment of a service charge and by repealing Subsection (d)(I) And replacing with
a new Subsection (d)(1), which shall read as follows:
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"Chapter 13
ARTICLE V. ALARM SYSTEMS
Sec. 13-55. Service charge.
(a) False burglar / intrusion alarms:
(1) If within the first 12 month period of the date of issuance of a permit, and
within all successive 12-month periods, four (4) or more false
burglarlintrusion alarms are emitted from either a residential, commercial
or multiple-family unit, the director shall assess the permit holder or
person in control of that alarm site a civil penalty as established by
resolution of the city council for each subsequent false burglarlintrusion
alarm notification emitted from the site within said 12-month period in
accordance with State law. This section shall also apply to alarm systems
in place at the time this article becomes effective.
Sec. 13-58. Suspension of permit, reinstatement after suspension.
(d)
(1) A general alarm system from a residential, commercial, or governmental
unit that has had eight (8) or more false alarms during the preceding 12-
month period.
"
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons 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 this Ordinance despite such -invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
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other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
ATTEST:
CA~~ W4v.
C she WIlson, City Secretary
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Robert E. Hager, C'
(REH/cdb 10/27 0)
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