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Ordinance 2014-41ORDINANCE NO. 2014-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES, CHAPTER 38 (EMERGENCY SERVICES), ARTICLE II (ALARM SYSTEMS), SECTIONS 38 -22 (ALARM PERMIT REQUIREMENTS) AND 38 -24 (FEES FOR FALSE ALARM NOTIFICATION), REGULATING ALARM SYSTEMS; PROVIDING FOR THE ISSUANCE AND REVOCATION OF ALARM PERMITS AND FOR THE ESTABLISHMENT OF PERMIT FEES; ALLOWING FOR RESPONSE TERMINATION BY THE CITY POLICE AND /OR FIRE DEPARTMENT IN THE EVENT OF NONCOMPLIANCE WITH THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has investigated and determined that the City of Wylie, Texas' ( "Wylie ") Code of Ordinances No. 2005 -07, as amended ( "Code of Ordinances "), Chapter 38 (Emergency Services), Article II (Alarm Systems), Sections 38 -22 (Alarm permit requirements) and 38 -24 (Fees for false alarm notification) should be amended as set forth herein; and WHEREAS, the City Council has further investigated and determined it is in the best interest of Wylie and its citizens to regulate alarm systems, provide for the issuance and revocation of alarm permits and establish permit fees, and allow for response termination by the Wylie Police and/or Fire Department in the event of noncompliance with this Ordinance; and WHEREAS, the City Council has further investigated and determined that all legal notices required for amending the Code of Ordinances have been given in the manner and form set forth by law and all other requirements for the adoption of this Ordinance have been fulfilled; and WHEREAS, the City Council has further investigated and determined it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below to promote the public health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Code of Ordinances, Chapter 38 (Emergency Servicesh Article II (Alarm Systems), Section 38 -22 (Alarm permit requirements). The Code of ORDINANCE No. 201441 AMENDING CODE OF ORDINANCES Page I of 3 CHAPTER 38, ARTICLE II (ALARM SYSTEMS) 644615.2 Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38 -22 (Alarm permit requirements), is hereby amended as set forth below: "ARTICLE II. ALARM SYSTEMS Sec. 38 -22. Alarm permit requirements. (g) The permit required by this section shall be valid for a period of 12 months from the date of its issuance, unless revoked by the chief under the provisions of this article. The permit shall be renewed annually by the permit holder, provided that the permit holder is not in violation of this article. Failure to renew the permit within 30 days of its expiration will be subject to the issuance of a citation. (h) A nonrefundable monthly fee, as determined by the city, shall be paid for the permit by the applicant for each alarm system. SECTION 3: Amendment to the Code of Ordinances, Chapter 38 mergency Services), Article II (Alarm Systems ), Section 38 -24 (Fees for false alarm notification). The Code of Ordinances, Chapter 38 (Emergency Services), Article II (Alarm Systems), Section 38 -24 (Fees for false alarm notification), is hereby amended as set forth below: "ARTICLE II. ALARM SYSTEMS Sec. 38 -24. Fees for false alarm notification. (1) The chief, in his sole discretion, may terminate law enforcement responses to a permit holder because of excessive false alarms if the permit holder fails to pay the false alarm fees required by this article. In order to effect termination, the chief must issue written notice to the alarm permit holder that the account is past due on false alarm charges. The notice must specify that law enforcement responses will be terminated if the alarm permit holder does not remit payment or make arrangements for payment within a period of time not less than 30 days from the date of the notice provided herein. In addition, the chief, in his sole discretion, may issue a citation to the permit holder if the permit holder fails to pay the noticed false alarm charges. ORDINANCE No. 2014 -41 AMENDING CODE OF ORDINANCES Page 2 of 3 CHAPTER 38, ARTICLE II (ALARM SYSTEMS) 644615.2 M SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repeafng. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 9th day of December, 2014. ATTESTED TO AND CORRECTLY RECO BY: Carole Ehrlich, Cit0ecretary Date(s) of Publication /�s c t GUS b 4 yPN`p FE(� RA' ISt.D J .,Y 0188 Srara, o.- Tees ORDINANCE No. 201441 AMENDING CODE OF ORDINANCES CHAPTER 38, ARTICLE II (ALARM SYSTEMS) 644615.2 Page 3 of 3 TI)e ifarmor5billr Lrimcs • Murphy Monitor • i he Princeton I lei-aid • 71, nr Ncws • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2014 -41 was published in said newspaper on the following dates, to -wit: December 17, 2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the /9. day of '2014 to certify which witness my hand and seal of office. ••.�.. Notary Public iWiWd for Sonia A. Duggan The State of Texas =p= Commission Expires OF 09 -02 -2016 My commission expires h7urphr-Sachs� ✓Wylie Office • 110 N. Bullard • P.O Boy 369 • Wrlic.TX 7i09K. 972 442 -5515 • 1m 971-442-43,18 Farrocr5tiillc'Princcwn Office • 101 S plain • P.O. liov 512 • 1 1Ie, fX 75442 • 972 - 784 6397 • Iae 9',2 7K2 -7023 December 17 -18, 2014 3C UBD1��!+CE NO -2014-4t AN ORDINANCE OF THE CITY OF WYLIE, . TEXAS, AMENDING THE WYLIE CODE OF ORDINANC- ES,.. CSR 38 VICES),M ARTICLE I1 (ALARM SYS- TEMS), SECTIONS 38 -22 (ALARM PERMIT REQUIRE- MENTS)' AND 38 -24 (FEES FOR FALSE ALARM NOTIFICA- TION), REGULAT ING ALARM SYS- TEMS; PR VIDING FOR THE ISSUANCE AND REVOCATION OF ALARM PER- MITS AND FOR THE ESTABLISHMENT OF PERMIT FEES; ALLOWING FORRE- SPONSE TERMINA- TION BY THE CITY POLICE AND /OR FIRE DEPARTMENT IN THE EVENT OF NONCOMPLIANCE WITH THIS ORDI- NANCE; PROVID- ING A 'PENALTY FOR THE VIOLA- TION OF THIS OR- DINANCE; PROVID- ING REPEALING, SAVINGS AND SEV ERABILITY CLAUS - ES; PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF; AND PROVIDING AN EF- FE{.7M DATE OF THIS tVANCE.