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HomeMy WebLinkAboutORD 12-086 ORDINANCE NO. 12-086 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6.02.001, 6.02.002, 6.02.003(a) and (c), 6.02.008(c), 6.02.041(b), 6.02.043 AND 6.02.044 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6.02.001 of the Code of Ordinances be and the same is hereby amended by amending the definition of False alarm to read as follows: Sec. 6.02.001 Definitions False alarm. An alarm notification to which the city responds within thirty minutes and the responding officer of a subsequent investigation finds no evidence of unauthorized intrusion or attempted unauthorized intrusion, or other illegal activity for which the alarm was intended to report. Section 2. THAT Chapter 6, Section 6.02.002 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.002 Nonresponse status The police department will not respond to a permitted alarm site if the permit holder fails to pay a false alarm penalty within 21 days of notice of same. A location may be reinstated to a response status upon payment of all unpaid penalties and a fifty dollar ($50.00) fee for a residential location or a seventy-five dollar ($75.00) fee for a commercial location. Section 3. THAT Chapter 6, Section 6.02.003, Subsection (a) and (c) of the Code of Ordinances be and the same are hereby amended to read as follows: Sec. 6.02.003 Apartment complexes (a) The owner or property manager of an apartment complex which provides alarm services shall obtain a master alarm permit if any alarm system is operated on the premises. (c) The permit of the tenant supersedes the master permit of the apartment complex, and the tenant is responsible for payment of fees for false alarm notifications emitted from the alarm system in the tenant's unit. The master alarm permit holder is responsible for payment of service fees for false alarm notifications emitted from unoccupied units. Section 4. THAT Chapter 6, Section 6.03.008 of the Code of Ordinances be and the same is hereby amended by adding new Subsection 6.02.008(c) to read as follows: Sec. 26.02.008 Penalty (c) During the permit period, a thirty dollar($30.00)penalty will be charged for the fourth and fifth false alarm, a fifty dollar ($50.00) penalty will be charged for the sixth and seventh false alarm, and a seventy-five dollar($75.00) penalty will be charged for each subsequent false alarm. Section 5. THAT Chapter 6, Section 6.02.041, Subsection (b) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 06.02.041 Application; term (b) The application shall be submitted with a thirty-five dollar ($35.00) fee for a residential location or a fifty dollar ($50.00) fee for a commercial location to the city on a form provided by the city. Any false statement made by an applicant on the application may be prosecuted as a violation of section 37.10 of the Texas Penal Code (tampering with governmental record), a third degree felony. Section 6. THAT Chapter 6, Section 6.02.043 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.043 Grounds for denial A permit may be denied for: (1) Any false statement on the application; (2) Any false statement by the applicant in connection with the application; or (3) Any unpaid false alarm penalties or fees. Section 7. THAT Chapter 6, Section 6.02.044 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.044 Renewal An application to renew a permit shall be submitted to the city with a twenty dollar($20.00) fee for a residential location or a thirty-five dollar ($35.00) fee for a commercial location, along with full payment of all outstanding penalties and fees, on or before the expiration date on the permit. Effective January 1, 2014, the renewal fee for a residential location shall be twenty-five dollars ($25.00) or a fifty dollar($50.00) fee for a commercial location, along with full payment of all outstanding penalties and fees, on or before the expiration date on the permit. Section 8. That if any section, subsection, sentence, clause of 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 declared to be severable. Section 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 11. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. Section 5. This ordinance shall be effective from and after December 3, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. Ile I&�'"&wlw �M.�L hti -Msyor Mcky Ames - S 'fii1s � r