HomeMy WebLinkAboutOrdinance - 2007-O0085 - Amend Chapt 14, Art. XII "False Alarms" Reduce Fee Sr. Citizens, Update Inform. - 08/09/2007First Reading
August 9, 2007
Ite. No. 6.5
ORDINANCE NO . 2007-oooss
Second Reading
August 23, 2007
Ite. No. 5.4
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII OF THE CITY OF
LUBBOCK CODE OF ORDINANCES, ENTITLED "FALSE ALARMS," BY AMENDING
SECTION 14-305 THEREOF TO REDUCE THE AMOUNT OF THE PERMIT FEE FOR
SENIOR CITIZENS, ELIMINATE THE PERMIT FEE FOR PERMIT HOLDERS WHO
HAVE NOT HAD FALSE ALARMS FOR A PRESCRIBED PERIOD, AND REQUIRE
PERMIT HOLDERS TO CONTINUOUSLY UPDATE INFORMATION ON THEIR
APPLICATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, in November 2001 the City Council of the City of Lubbock, Texas,
passed Ordinance No. 2001-00087, which was designed to regulate, control, and monitor the
number of false burglary and robbery alarms generated by alarm system users within the limits
of the City of Lubbock and reduce or help to offset the costs incurred by the City in
responding to such alarms; and
WHEREAS, Ordinance No. 2001-00087 has been effective in reducing the number of
false alarm occurring within the City and the burden upon the Lubbock Police Department to
respond to such alarms; and
WHEREAS, in February 2003 , the Council amended such Ordinance in order to clarify
some of its provisions, administer those provisions more efficiently, and more closely
accomplish the intended purpose of the Ordinance; and
WHEREAS, the Council now desires to further amend such Ordinance to achieve those
stated purposes; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 14-305(b) of the Ordinance is hereby amended to read as
follows:
(b) Under this article, the chief of police may set a nonrefundable fee to be
charged for the processing of an application and issuance of an alarm
system pennit. The fee shall not exceed twenty-five dollars ($25.00) per
year for persons sixty-five (65) years of age or older who apply for a
permit for residential premises, and shall not exceed fifty dollars
($50.00) per year for all other applicants, and shall be nonrefundable in
either case whether or not a permit is issued.
SECTION 2. THAT Section 14-305(c) of the Code be and is hereby amended by
amending the last sentence of such section to read as follows:
(c) The chief of police shall notify each permit holder that his permit must
be renewed at least forty -five (45) days prior to its date of expiration by
mailing a written notice to each such pennit holder at the address listed
on the permit application; provided, however, that no permit holder shall
be required to renew his permit or pay a permit fee if the premises for
which the permit is applicable have not had a false alarm notification
during the preceding twelve (12) months.
SECTION 3. THAT Section 14-305(e) of the Code be and is hereby amended by
amending the first sentence thereof to read as follows:
(e) The applicant shall be responsible for: (i) the proper maintenance and
operation of the alarm system; (ii) payment of the fees assessed under
this article; (iii) updating all information on the application as often as
necessary to ensure the police department may properly and
expeditiously investigate any alarm at the applicant's alarm site; and (iv)
responding within a reasonable time, in person or by agent, to the alarm
site, if requested by, and upon receiving notification from the police
department in response to an alarm system activation ..
SECTION 4. THAT Section 14-305(i) of the Code be and is hereby deleted.
SECTION 5. THAT if any provision, section, subsection, sentence, clause or phrase
of this Ordinance, or the Ordinance which it amends, is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of either such
Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this
Ordinance that no portion hereof or provision or regulation contained herein shall become
inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other
portion hereof, and all provisions of both such Ordinances are declared to be severable for that
purpose.
SECTION 6. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 9th day of --,;---Au-=gu_s_t ____ , 2007.
Passed by City Council on second reading this 23rd day of August , 2007.
ATTEST: Re~~tt=r
APPROVED AS TO FORM: ~1ll~~
HW :jstccdocs/Ordinance·False Alanns2.ord
August 1. 2007
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GILBREATH, MAYOR PROTEM