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2007-102s:\our documents\ordinances\OTalartn permitdoc ORDINANCE NO. ,ZOO %- /~~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 4 RELATING TO ALARM SYSTEMS BY AMENDING SECTION 4-29 TO REMOVE THE EXCEPTION WAIVING THE PERMIT FEE FOR RESIDENTIAL ALARM PERMITS FOR RESIDENTS OVER THE AGE OF 65; BY AMENDING SECTION 4-62 TO REDUCE THE NUMBER OF FALSE BURGLAR ALARMS ALLOWED BEFORE A PENALTY MAY BE ASSESSED FROM FIVE TO THREE PRIOR FALSE BURGLAR ALARMS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 4 of the Code of Ordinances of the City ("Alarm Systems") be and the same is hereby amended by amending Section 4-29 "Issuance or Denial" to remove the last sentence of Section 4-29 which provided an exemption to a residential alarm permit fee for residents who are over the age of 65. Section 4-29 shall read as follows: Sec. 4-29. Issuance or denial. Upon receipt of a completed annual application form and the annual permit fee, the City of Denton shall issue an alarm permit to an applicant unless the applicant: (1) Has failed to pay a service charge fee assessed under section 4-62; (2) Has had an alarm permit for the alarm site revoked and the violation causing the revocation has not been corrected; (3) Has made a false statement of a material matter; (4) Committed any act which, if committed by a permittee, would be grounds for the revocation of a permit under section 4-32; or (5) While without a permit, knowingly and willfully committed or aided and abetted in the commission of any act for which a permit is required by this chapter. SECTION 2. That Chapteiā€¢ 4 of the Code of Ordinances of the City ("Alarm Systems") be and the same is hereby amended by amending Section 4-62 "Service Charge for False Alarms" to specify in subsection (a) that upon three prior false burglar alarm notifications, the permit holder of a burglar alarm permit shall pay a fee for any subsequent false burglaz alarm notifications within atwelve-month period. Section 4-62 shall read as follows: Sec. 4-62. Service charge for false alarms. (a) The holder of a permit required under this chapter shall pay a fee established by the city council and on file in the office of the city secretary for each false burglar alarm s dour dccumen[s\ordinanccs\07~alarm permit.doc notification emitted from an alarm site that is in excess of three (3) false burglar alarm notifications within atwelve-month period. (b) The holder of a permit shall pay a fee established by the city council and on file in the office of the city secretary for each false fire alarm notification that is emitted from an alarm site that is in excess of three (3) false fire alarm notifications within a twelve- month period. (c) The director shall assess separate Fees, established by the city council and on file in the office of the city secretary, against a robbery alarm pemtit holder for each false robbery alarm notification emitted from the alarm site. (d) For purposes of this section, the twelve-month period shall begin on the date the permit is issued to the permit holder and thereafter on subsequent renewal dates. If a permit is revoked under section 4-32, the twelve-month period shall begin when the revocation is withdrawn. (e) The director shall assess the permit holder of an emergency medical assistance alarm a fee established by the city council and on file in the office of the city secretary for each false emergency medical assistance alarm notification emitted from the alarm site. (f) A permit holder shall pay a fee assessed under this section within thirty (30) days after receipt of notice that it has been assessed. (g) The permit holder will be exempt from any fee charged for a false alarm notification which is later shown by the permit holder to either have been justified or which was due to a natural or manmade catastrophe or other situation specifically exempted by the director. In addition, no fee shall be charged under this section for thirty (30) days after the date of installation of an alarm system. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption Page 2 of 3 s:\our documents\ordinances\07\alarm permiLdoc of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~Zday of , 2007. C~-~.- p~' h~~IJ.~ PERRY R. McNEILL, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY r By: ~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 1 Page 3 of 3