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HomeMy WebLinkAboutO-2003-2661 . . ORDINANCE NO. 2003- ~ (pip I AN ORDINANCE AMENDING CHAPTER 30, "EMERGENCY SERVICES", ARTICLE II, "ALARMS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 30, "EMERGENCY SERVICES", ARTICLE IT, "Alarms", of the Code of Ordinances is hereby amended, and shall hereafter read as follows, to-wit: "EMERGENCY SERVICES ARTICLE II. ALARMS Sec. 30-31.Definitions. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the Context clearly indicates a different meaning Alarm site. - The specific property or area of the premises upon or within which an alarm system is or is to be installed. Alarm system. - A fire alarm protective service or any electrical, mechanical or electronic device or assembly of equipment that emits, transmits, or relays a signal intended to summon or that would reasonably be expected to summon, by direct means, the aid of the police or fire department of the city. For purposes of this article, the following types of alarm systems are exempted: (1) An alarm system installed on a motor vehicle not used for a habitation at a perminate site. (2) An alarm system designed so that no notification is given to the police by direct means until after the occupants or an agent of the owner or lessee have inspected the alarm site and determined that there is physical evidence at the site showing that the alarm was the result of criminal activity or the kind for which the alarm system was designed to give notice and does so notify the police, if a person who is able to grant access to the alarm site remains at such site until police arrive whenever the police are notified after an alarm has been . -. activated, and such person renders access and such other assistance as he is able to give and that is needed by the police to properly investigate the situation. (3) Any alarm system designed solely to detect or, give notice of fire or smoke. (4) An alarm system operated, owned or maintained by the United States government, the state, the city, or any county government or school district situated within the corporate limits of the city. Alarm system business- means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. Alarm user- means the person, firm, partnership, association, corporation, company or organization, structure, or facility or portion thereof wherein an alarm system is maintained. Applicant. - The person who seeks to be the permit holder. Automatic dialing device. - Any device connected to an alarm system, which automatically sends a prerecorded message or coded signal indicating the activation of the alarm system to a pre-determined location. Burglar Alarm System. - Any alarm system intended to prevent or detect an unauthorized entry or attempt thereof into the alarm site. Central Station. - That part of an alarm system business which intercepts signals indicating the activation of an alarm device and which relays this information by live voice to the city police department or fire department. Chief of Police. - The chief of the city police department and any employee(s) of the city police department assigned by the police chief to perform the duties prescribed by this chapter. City. - The City of La Porte, Texas, including its various departments and divisions such as the police department and the fire department. City Offlcial. - Any employee or agent of the city who implements, inspects, or enforces all or a portion of this chapter. Disconnect. - To render an alarm system disabled so as to prevent any direct or indirect notification to the police or fire department by silent or local alarm. 2 e . Excused false alarm. - Activation of any alarm system caused by violent conditions of nature or other extraordinary circumstances. False alarm. - Any alarm which was not the result of an emergency or threat of emergency or threat of emergency of the kind for which the alarm system was designed to give notice where the alarm system activates a signal indicating to the police or fire department the system has been violated, thereby causing a response by the police or fire department when, in fact, a situation requiring a response does not exist. This definition does not include violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. Fire Alarm Protective Service. - Any service whereby any person provides and employs electronic or mechanical means to detect the presence of fire on any premises in the city, the report of which is then transmitted to or through the communication system of the fire department or which system is in any manner connected with the fire alarm communication system of the fire department. The term also means the activity of maintaining, servicing, repairing, altering, replacing, moving or installing in or on any building, place or premises any device designed or used for detection of fire. Fire Chief - The chief of the city fire department and any employee(s) of the city fire department assigned by the fire chief to perform the duties prescribed by this chapter. Holdup Alarm System. - Any system designed to be activated to give notification of a robbery, attempted robbery, or summons police aid for any other perceived life- threatening reasons. Local Alarm System- any alarm system emitting audible and/or visual signals in, at, or on the alarm site when activated and which causes notification to be made directly or indirectly to the city police department or city fire department. Permit. - A certificate of authorization issued by the city to the applicant authorizing the operation ofthe alarm system(s) for which the permit is issued. Permit Holder. - The person to whom a city alarm system permit is issued. Telephone Answering Service. - Any business, other than an alarm system business which intercepts signals indicating the activation of an alarm system and relays this information by live voice to the city police department or city fire department. Thirty minute Shutoff - An automatic device associated with an alarm system, which automatically causes the alarm to shut off and discontinue the emission of an audible signal after a period of time not to exceed thirty (30) minutes of continuous operation. 3 e . Sec. 30-32. Permit required: exceptions: (a) No person shall operate, cause to be operated, or allow the operation of an alarm system or local alarm system, unless a valid permit has been issued for that system or as otherwise allowed by law. However, this section shall not be applicable to an alarm system business which monitors, services, or monitors and services, an alarm system installed and designed'to protect property under the control of a person other than the alarm system business; but the person in control of the property which the alarm system is designed to protect shall be subject to fee or prosecution if he permits the operation of such system without a valid permit. Any person who operates, causes to be operated, or allows the operation of an alarm system without a valid permit shall be subject to misdemeanor prosecution. (b) A response, if any, made by the police or fire department upon proper notification, by an alarm system business shall be subject to the policies and procedure of the police and/or fire department governing, but not limited to, the priorities for police or fire responses. (c) An applicant may apply for a separate permit for each alarm system, or may obtain a single permit for all alarm systems, on so much of one premises to which the person to whom a permit is to be issued has legal rights of ownership or possession, except that separate permits must be obtained to authorize the operation of both burglar and holdup alarm systems on anyone (1) premises. (d) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, creating a duty or guarantee of response. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained (e) The city may refuse to issue a certificate of occupancy/change of occupancy if the premises to which such certificate relates has an alarm system that is not permitted pursuant to this chapter. Sec. 30-33. Application for permit. Application for a permit authorizing the operation of an alarm system shall be made by a person who has control over the property, such as a person who owns, lease, uses, resides at, or manages the property upon which the alarm system is installed, and should have an active water account with the city. Such application shall be made in writing to the city on a form designated by the city for that purpose. On such application shall be set forth: (a) The name, address, telephone number(s), and driver's license number of the permit holder. 4 e . (b) Copies of the assumed name registration, if any, and the names and addresses of all general partners if the permit holder is to be a partnership; or the corporate charter with the names, addresses of officers and registered agents or the certificate of authorization to do business from the Secretary of State if the permit holder is to be a corporation. ( c) The street address of the property on which the alarm system is to be installed and operated. Including the particular suite or apartment number(s) if applicable. (d) Any business name used for the premises on which the alarm system is to . be installed, and operated. ( e) Whether the alarm system is a local alarm and whether it is designed to give notice of a burglary, robbery, or any other life-threatening emergency. (f) The name, address and telephone number of the alarm system business that has installed or will install the alarm system (g) The names and local telephone numbers of two (2) persons, or the name and local telephone number of an alarm system business which are able to and have agreed to: (1) receive notification at any time; (2) come to the alarm site within one (1) hour after receiving a request form a city official to do so; and (3) grant access to the alarm site and to deactivate the alarm system if such becomes necessary; or; the name and locate telephone number of an alarm system business which is able and has agreed to receive calls at any time and to give the city the names of persons listed with that company as set out below if; The permit holder has given the alarm system business the names and local telephone numbers of two (2) persons who are able and have agreed to receive notification at any time; to come to the alarm site within one (1) hour after receiving a request from a city official to do so; and to grant access to the alarm site and to deactivate the alarm system if necessary; and The permit holder has authorized the alarm system business to provide the names listed with that business pursuant to this section to a city official whenever such official has requested that information in order to obtain assistance after an alarm has been activated. 5 . e h. Any application for a permit shall demonstrate compliance with all provisions of the La Porte City Code and that all charges owed to the city have been paid. 1. If an individual residence or apartment, the names of the other residents over the age of eighteen (18). Such application shall be signed by the applicant acknowledging he has read the application, affirming the correctness and accuracy of the information given on the application and authorizing the release to the city of information. The city shall issue a permit upon receipt of the application, payment of fee and upon determining compliance with the provisions ofthis chapter. Sec. 30-34. Amendments to application. Whenever a person or company listed on the application or listed on an amendment to the application is unable or unwilling to perform their respective duties as set forth in this chapter, the permit holder shall file an amendment to the permit application listing a person or company who is able and will perform those duties so that at all times the application on file with the city is correct. Sec. 30-35. Confidentiality. To the extent allowed by law, the city shall treat all information on the application for a permit as confidential; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate purposes relating to the health, safety, and well- being of the community and for enforcement of the terms and provisions of this chapter. Sec. 30-36. Permit term; renewal. (a) Each permit issued pursuant to this article shall be valid from date of issuance to September 30 of each year and then shall be renewable. The permit fee shall be in the amount of Thirty-Five Dollars ($35.00). If the permit holder relinquishes control of the alarm site before the expiration ofthe term of permit, then the permit extinguishes on the date of relinquishment. (b) A renewal fee ofTen Dollars ($10.00) will automatically be billed by the city water department by way of water bill notification to the address of a permitted alarm or permit holder, unless notification has been made by the permit holder of the deactivation of the alarm and cancellation of the alarm and permit. Sec. 30-37. Nontransferable Each permit issued shall be valid only for the premises and person(s) permitted and is not transferable to another person or other premises. Upon transfer from the 6 e . permit holder of control over the premises to which the permit relates, a new permit must be applied for according to this chapter. Sec. 30-38. Duties of permit holder. (a) The permit holder shall ensure that he or any person listed with the city for purposes of notification pursuant to the provisions of this chapter is able to: 1. Receive notification at any time; 2. Come to the alann site within one (1) hour after receiving a request form the city to do so to assist the city with respect to the premises and the alann system at such premise, and; 3. Grant access to the alann site and to deactivate the alann system if such becomes necessary. (b) The permit holder shall train all persons who may activate or deactivate the alann system in the proper operation of the alann system. (c) The permit holder will be responsible for all fees associated with the permit or the operation of the alann system. Sec. 30-39. Duty of person notified by police department to provide access to premises, render assistance. Any person or company listed with the city for purposes of notification who is notified by a city official of the activation of an alann system pursuant to the provisions of this chapter and who is able to give access to the alann site shall come to the alann site within one (1) hour of the time such person or company is notified of such activation and shall provide the city official any necessary access or assistance. Sec. 30-40. Repairing of alarm system. (a) The permit holder shall ensure that the alann system is repaired within seventy-two (72) hours of the time notification is made from the city that such system is malfunctioning or causing potential excessive alanns; or (b) Alternatively, the permit holder may cause such alann system to be deactivated rather than having such system repaired upon notification from the city that such system is malfunctioning or causing potential excessive alanns. If the permit holder does deactivate such alann system he shall so notify the city and such system shall not be reactivated until it has been repaired. 7 e e Sec. 30-41. Operation of alarm system. No person shall install, cause to be installed or permit to be installed an alarm system unless the following requirements are met: (a) An alarm system which may be activated as a result of different types of emergency situations shall give a silent signal, if so equipped, that is unique to designate activation as a result of a holdup, a burglary, a fire, or any other different type of emergency situation so that the proper notification and proper response can be made; otherwise, (b) An alarm system designed to emit an audible signal or sound intended to be heard from the exterior of the alarm site shall have a thirty-minute shutoff from the time of activation and must not sound similar to that of siren, an emergency vehicle, or a civil defense warning system. (c) No holdup alarm shall include any device which can cause activation inadvertently; and any holdup alarm shall be designed so that it may be activated only by intentional and deliberate human action; (d) No person shall use or permit the use of any telephone device or telephone attachment which automatically selects any telephone line leading into the communication center of the city police department or city fire department or any number leading into the offices of the city and then transmits any pre-recorded message or signal; (e) No person shall use or permit the use of any system which gives notification of the activation of the alarm system directly to the city police department, city fire department or other offices of the city by any means other than live human voice; and (f) The chief of police and the fire chief may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to their respective department of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any person requesting same. Sec. 30-42. Determination of false alarm; rebuttable presumption For the purpose of this ordinance, there is a rebuttal presumption that the following determinations made by the chief of police or by the police department officer on the scene of the premises reporting an alarm signal are correct: (a) There is no evidence of a crime or other activity that would warrant a call for immediate police or fire assistance at the premises; 8 e . (b) No individual who was on or near the premises or who has viewed a video communication from the premises called for a police or fire department dispatch or verified a need for an immediate emergency response; and (c) There is no evidence that violent conditions of nature or other extraordinary circumstances caused the activation of the alarm. Sec. 30-43. False activation prohibited; exceptions: No person shall knowingly, intentionally or with reckless disregard activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice; provided, however, it shall be an affirmative defense to prosecution under this section that the alarm system was activated solely for the purpose of testing the system and the person who tested the alarm system took reasonable precautions to void any request being made to the city to respond to such alarm. This section shall not apply to conduct which is in violation of section 42.06 of the Texas Penal Code, as presently enacted and as may be subsequently amended. Sec. 30-44. Service fees for permit and city response to an alarm. The city may charge service fees for its permits and responses to false alarms in accordance with this chapter. Except as may be hereinafter set forth, service fees for issuance of permits, false alarms and any other charges and penalties arising pursuant to this chapter shall be in such amounts as may be established in this chapter and as may, from time to time, be adopted by resolution of the city council of the City of La Porte. Service Fees will automatically be billed to the permit holder by including service fee on permit holder's water bill notification form. With respect to alarm systems, no penalty or service fee for signaling of a false alarm by an alarm system shall be made unless at least five other false alarms have occurred during the proceeding twelve (12) months. The service fee may be assessed against the owners, occupants or person in control of the premises where the alarm system is located. The amount assessed for a false alarm of an alarm system after five (5) previous false alarms will be Fifty dollars ($50.00). Then Fifty dollars ($50.00) per response thereafter. The permit holder may file a request for hearing with the city Director of Finance to dispute the service fee within ten (10) days of receipt of a notification of service fee. The city acknowledges that newly installed alarm systems may incur false alarms during installation and adjustment period, therefore false alarms made or caused as a result of installation or adjustment during a period of 10 days form initial installation or permit date, will not be charged against the permit holder as false alarms for the purpose of service fees as set forth in this ordinance. For purposes of calculating the service fees set out in this chapter an alarm system shall mean and include all alarm systems operated under one permit. 9 e e A reinstated pennit as provided for elsewhere in this chapter shall retain its original issuance date for the purposes of the commencement of the "twelve-month period" when assessing service fees under this chapter, and shall'not have any excusable false alann responses available in addition to those already used during that period for an alann system. Following the reinstatement, responses made prior to the date of revocation but not part of the basis for the revocation shall be included in computations, however, responses from the date of revocation through the date of reinstatement shall be chargeable, such charges must be paid before reinstatement becomes effective. Reinstatement of the pennit shall be the only means of restoration of the lawful use of the alann system hereunder after the permit has been revoked, provided however, that a new pennit must be applied for and issued before operation of the alann system if the ownership or possessor rights to the alann site have changed since the most recent application or amendment thereof. Sec. 30-45. Refusal to permit and revocation. 1. The city may refuse to pennit or revoke a pennit for an alann system for the following reasons: (a) The applicant or pennit holder has failed to make payment in full to the city of any service fees assessed pursuant to this chapter within sixty (60) days of the date the city has made notification of service fees owed by way of the pennit holders water bill notice or other means. (b) The alann system of the applicant or pennit holder has or is of the type that has had a history of unreliability. For purposes of this chapter, an alann system shall be presumed to be unreliable if the applicant or pennit holder accrues more than ten (10) false alanns during a twelve month period, excluding any false alanns which may have fonned the basis for a prior revocation during that same twelve month period. In the event a permit is issued or reinstated despite such presumption of unreliability, revocation shall occur if the permit holder accrues more than three (3) false alanns from the date of reinstatement. (c) The city chief of police and or the city fire chief may establish additional standards to detennine reliability or unreliability of alann systems as may be needed. 2. Procedure- refusal to permit or revocation. (a) There shall be no refusal, tennination, revocation or failure to renew a permit for an alann system except as set forth herein. The city shall give at least thirty days notice prior to revoking, failing to renew or otherwise terminating a pennit during which time a request for a hearing may be made. With respect to an application for a pennit which the city refuses to pennit, the applicant shall be given at least 30 days within which to request a hearing 10 e e regarding such determination by the city to refuse to permit. The notice of refusal to permit or notice of revocation shall specify the reason therefore. If a hearing is requested, the permit holder or applicant shall be advised as to the date, time and place of such hearing. The hearing shall be before the city Director of Finance or designee. The permit holder or applicant may appear in person or be represented by counsel, may present testimony and may cross- examine all witnesses. 3. All hearings shall be conducted under rules consistent with the nature of the proceedings, provided that the following rules shall apply to such hearings: a. All parties shall have the right to representation by a licensed attorney although an attorney is not required; b. Each party may present witnesses in their own behalf; c. Each party has the right to cross-examine all witnesses; d. All the evidence presented before the hearing officer at such hearing may be considered in a final report; and e. The city Director of Finance or designee may adjust the amount of any service fees owed upon a showing of good cause by the applicant or permit holder. 4. If the permit holder or applicant fails to appear at the hearing at the date, time and place specified, the city shall present sufficient evidence to establish a prima facie case showing that grounds existed for the revocation or refusal to permit as provided for in this chapter. 5. If the city Director of Finance or designee finds that no grounds exist for reinstatement of the permit or issuance of the permit for the alann system, he shall refuse to reinstate or to issue such permit and shall give written notice to the permit holder or applicant of such finding. Upon receipt of such notice the permit holder or applicant shall disconnect such alann system immediately and shall surrender his permit, if any, to the city. 6. If the city Director of Finance or designee finds that there are insufficient grounds for revoking or for denying issuance of a permit for an alann system exist, he shall give written notice of such finding to the permit holder or applicant. 7. Reinstatement (a) A permit can be reinstated if the revoked permit holder has failed to request a hearing within the specified time for filing an application for reinstatement, pays the application fee which is the same as that for a new permit application, and shows: 11 . . 1. That the cause of the chargeable false alarms has been corrected; and 2. The service fees assessed have been paid. (b) If a permit holder has had a permit revoked twice during the term of that permit, that person must wait a period of one (1) year from the date of the second revocation or, if one has been requested, the date of the denial issued pursuant to a reinstatement hearing before applying for a new permit of that alarm site. (c) If a reinstated permit is denied pursuant to this section, a hearing may be requested if received in writing within ten (10) working days of the date of notice of denial. Sec. 30-46. Operation of central stations or answering service Any alarm systems business, which operates a central station, and any telephone answering service shall: (a) Responding to alarm, Have sufficient personnel trained in the procedures to be followed in receiving and relaying notice of the activation of any alarm system on duty at all times to ensure that emergency messages or alarm signals received by such business can be relayed immediately to the city. Notification to the city of the activation of an alarm system shall include: 1. The street address of the alarm site, including the particular suite or apartment number, if applicable; 2. The name of the permit holder and the permit number; 3. The type of alarm activated; and 4. The name(s) and local telephone number(s) of the person(s) to notify, if so authorized by the permit holder. (b) Notification. Notify the person in control of the property or his designee of the activation of the alarm system within twenty-four (24) hours of the time the alarm was activated not to include weekends and holidays, by telephone or by placing written notice in the mail, addressed to the person in control of the prermses. (c) Records. Keep a written record of the date and time each notification of the activation of an alarm system is received and the date, time, and method by which the person in control of the property was notified. Such records shall be retained for at least two (2) years and shall be made available for inspection by the city during regular business hours. 12 . . (d) Periodic testing for correction of defects. Test or cause to be tested all equipment used by the central station or telephone answering service to the receipt of notifications of the activation of any alarm system and the equipment used in relaying those notifications of the activation of any alarm system and the equipment used in relaying those notifications to the city at least one (1) time in every twelve-month period and, where a test result is unsatisfactory, correct of cause to be corrected within a reasonable period time not to exceed seven (7) days from the date of testing the cause of the unsatisfactory test result; (e) Evidence of test results. Produce evidence of the results of tests conducted pursuant to this section upon request of the city. The requirements of this section shall be satisfied if such results are made available at the central station or telephone answering service on the next regular business day after request is made; and (f) Providing service licensed businesses only. Not provide answering service for any alarm system business, which is not licensed by the State of Texas. A violation under this subsection shall only be enforceable according to state law and the remedies, policies and procedures provided for therein. Sec. 30-47. Compliance with article 4413 (29bb) All persons subject to the provision of the Private Investigators and Private Security Agencies Act of the State of Texas article 4413 (29bb), Texas Civil Statutes Annotated, are required to comply with all provisions of that act, as presently enacted and may be subsequently amended. Sec. 30-48. Misdemeanor violation Any person who violates any provision of this Ordinance, or who causes, allows, or permits another to violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day such violation shall be permitted to exist shall constitute a separate offense. The owner, occupant, or resident of the premise or part thereof where anything in violation of this Ordinance shall be placed or shall exist, or any lessee, tenant, employee, agent, or corporation employed in connection therewith who may have assisted in the commission of such violation shall be guilty of a separate offense and, upon conviction shall be subject to the penalties stated above. In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same 13 . e notwithstanding the ormSSIon of any such part thus declared to be invalid or Unconstitutional, or whether there be one or more parts." Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROvED, thi~,4)day of ~mR:er ,2003. CI~ F LA PORTE By: rman L. Malone Mayor ATTEST: ~tl1tt}etttf MJ City Secretary APPROVED: ~7,~. Clark T. Askins Assistant City Attorney 14 . . Aoorooriation Source of Funds: N/A Requested By: Department: P~;(,f' Account Number: N/A Report: Exhibits: Resolution: Ordinance: XX Amount Budgeted: N/A Proposed Ordinance Amount Requested: lIi{! A Exhibits: Budgeted Item: YES NO Exhibits: SlJMMABY & RECOMMENDATION On September 8, 2003, Council reviewed and discussed the proposed Amended Alarm Ordinance, Chapter 30, as a workshop item. There were no recommendations for changes to the proposed ordinance. This new ordinance basically provides: . A fee system instead of filing Oass C Misdemeanor Citations for false alarms. . Automatic renewal provisions in which renewal fees will be added to the Permit holders water bill . A provision for appeals of fees for excessive false alarms. . A method of notification of "cbargeable" false alarms. . Upgraded provisions consistent with current trends regarding alarm enforcement . Provisions for a grace period for new alarm installation. Action Reauired bv Council: Request the Council approve the Amended Alarm Ordinance under Chapter 30 of the City Ordinances as presented in the workshop on September 8, 2003. q-/7-IJ5 Date ~ . . ORDINANCE NO. 2003-~/' AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR PROVIDING SECONDARY FIRE SUPPRESSION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 2003 -}.(,5/ e PASSED AND APPROVED, this 25th day of August, 2003. ATTEST: 'iJl~O.~4 M rt a A. Gillett City Secretary APPROVED: ~zJ Knox W. Askins City Attorney By: CITY OF LA PORTE ~~~ 'N rrnan L. Malone Mayor PJG: 2 , . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 25. 2003 Requested By: J. L. Sease .f#- Department: Emerl!ency series Report: Resolution: Ordinance: X Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: COpy of Contract Exhibits: _ Ordinance Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston for Secondary Fire Protection services to the Barbour's Cut Terminal for a period of one year, in the amount of $2,724.00 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2003 with the Port of Houston for Secondary Fire Protection service at Barbour's Cut Terminal. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston for Secondary Fire Protection service. ~ /' dLO -lJ 3 Date