HomeMy WebLinkAboutORD 07-012 ORDINANCE NO. 07-012
ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/2, ARTICLE II,
SECTIONS 2 1/2-12, SUBSECTIONS 2 1/2-13(b) and (d) AND 2 1/2-15(1)
AN D (2), SECTION 2 1/2-16, SUBSECTIONS 2 1/2-17(b) AND (c) AND
SUBSECTION 21/2-23(a)OF THE CODE OF ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible,
and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current law and
court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 2 1/2, Article II, Section 2 1/2-12 be and the same is hereby amended
to read as follows:
SE;c. 2 1/2-12. Requirements.
The police department will not respond to a permitted alarm site if such site has had
more than eight (8)false burglary alarm calls in any twelve-month period. In such case, a
certified letter indicating non-response status will be mailed to the owner's address as
provided in the permit application and the owner will be allowed five (5)working days after
receipt of the letter to reinstate to a response status. A location may initially be reinstated
to a response status upon payment of a fifty-dollar fee. Each subsequent reinstatement
thereafter will require payment of a one hundred-dollar fee.
Section 2.
That Chapter 2 1/2, Article 11, Subsections 2 1/2-13(b)and (d) be and the same are
hereby amended to read as follows:
Sec. 2 1/2-13. Permit application.
(b) The application shall be submitted with a fifteen-dollar($15.00)fee to
the city on a form provided by the city. Any false statement made by
an applicant n f
licant on the application may be prosecuted as a violat o 0
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section 37.10 of the Texas Penal Code, Tampering with
Governmental Records, a third degree felony.
(d) A permit shall be issued for a one-year term beginning on the date of
issuance.
Section 3.
That Chapter 2 1/2, Article 11, Subsections 2 1/2-15(1) be and the same are hereby
amended to read as follows:
Sec. 2 1/2-15. Grounds for denial of permit.
(1) Any false statement on the application; or
(2) Any false statement by applicant in connection with the application.
Section 4.
That Chapter 2 1/2,Article 11, Section 2 1/2-16 be and the same is hereby amended
to read as follows:
Sec. 2 1/2-16. Renewal; term.
An application to renew a permit shall be submitted to the City with a ten dollar
($10.00) fee due on or before the expiration date on the permit.
Section 5.
That Chapter 2 1/2, Article II, Subsection 2 1/2-17(b) be and the same is hereby
amended and a new Subsection 2 1/2-17(c) is addgyed to read as follows:
Sec. 2 1/2-17. Appeal from denial or revocation of permit.
(b) The city manager will designate a hearings officer to hear the appeal.
At the hearing the formal rules of evidence shall not apply. The
hearings officer shall make his decision on the basis of a
preponderance of the evidence presented. The hearings officer must
render a decision within thirty (30) days after the appeal is filed. The
hearings officer may affirm, reverse, or modify the action of the chief.
The decision of the hearings officer is final.
(c) When the City mails a notice in accordance with this section, and the
United States Postal Service returns the notice marked "refused" or
"unclaimed,"the validity of the notice is not affected and the notice is
considered delivered.
Section 6.
That Chapter 2 1/2, Article ll, Subsection 2 1/2-23(a) and the same is hereby
amended to read as follows:
Sec. 2 1/2-23. Violation, penalty.
(a) The failure to comply with the provisions of this chapter is a Class "C"
misdemeanor punishable by a fine of not more than five hundred
dollars ($500.00) but not less than one hundred dollars ($100.00)
upon first conviction, and not less than two hundred dollars ($200.00)
upon second and subsequent convictions. A person who violates a
provision of this chapter is guilty of a separate offense for each day
or portion of a day during which the violation is committed or
continued.
Section 7.
That if any section, subsection, sentence, clause,or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
bE! held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
dE!clared to be severable.
Section 8.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 9.
That any person who violates any provision of this ordinance shall, upon conviction
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 6th day of
FE;bruary, 2007.
Mayor Guy N. Goodson -
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