HomeMy WebLinkAboutO-2009-3199 revise regulation of and permitting fees for burglar alarms
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11/09/09
Requested By: Kpnith Arlf'OX
Department: Pgliclil
Report: Resolution: Ordinance: X
Budl!et
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Exhibits: (1) Alarm Ordinance showing Requested Changes
(2) Alarm Ordinance for Signature
(3) Power Point Presentation
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
As discussed in a previous workshop, in 2008, officers of the La Porte Police Department responded to
approximately 1800 alarm calls. Over 95% of these calls were subsequently determined to be false. It is estimated
that responding to these false alarms costs the City of La Porte approximately $100,000 annually with little or no
benefit to the community.
Utilizing traditional false alarm reduction initiatives, such as violator mail notifications and repeat offender home
visits, the Police Department has been able to reduce the number of false alarms occurring in the City of La Porte by
28% thus far in 2009. While significant progress has been made in this area, it is still estimated that officers ofthe
La Porte Police Department will be required to respond to approximately 1170 false alarms by years end.
In order to reduce this waste even further, ensuring that our Police Officers are able to focus more productively on
proactive crime reduction and traffic safety duties, the Police Department is requesting that the City Council
approve the revision of Municipal Ordinance No. 2003-2661 (Alarms) to provide for increased fee assessments, in
accordance with State Law, relating to excessive numbers of repeat false alarms, standardized initial permit and
renewal fees, enhanced call verification, and minimum alarm equipment standards and training.
Action Reauired bv Council: Approve the revision of Municipal Ordinance No. 2003-2661 (Alarms) as
requested.
II /l1~
Date
:?, I C1Cj
ORDINANCE NO.J .
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 II, "Alarms", of the Code of Ordinances is
hereby amended, and shall hereafter read as follows, to-wit:
"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 means the specific property or area of the premises upon or within which an alarm system is or is to
be installed.
Alarm system means 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:
(l) An alarm system installed on a motor vehicle not used for a habitation at a permanent 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 means the person who seeks to be the permit holder.
Automatic dialing device means any device connected to an alarm system, which automatically sends a
prerecorded message or coded signal indicating the activation ofthe alarm system to a pre-determined location.
Burglar alarm system means any alarm system intended to prevent or detect an unauthorized entry or
attempt thereof into the alarm site.
Central station means 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 means 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 means the City of La Porte, Texas, including its various departments and divisions such as the police
department and the fire department.
City official means any employee or agent of the city who implements, inspects, or enforces all or a portion of
this chapter.
Disconnect means 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.
Enhanced Call Verification (ECV) is a monitoring procedure requiring that a minimum of two calls be made
prior to making an Alarm Dispatch Request. The two calls must be made to different phone numbers where a
responsible party can typically be reached.
Excused false alarm means activation of any alarm system caused by violent conditions of nature or other
extraordinary circumstances.
False alarm means 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 means 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 ofthe 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 chiefmeans 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 means 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 means 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 means a certificate of authorization issued by the city to the applicant authorizing the operation of the
alarm system(s) for which the permit is issued.
Permit holder means the person to whom a city alarm system permit is issued.
Telephone answering service means 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 shutoffmeans 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 30
minutes of continuous operation.
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 ifhe 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 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 or by completing the application on the
City of La Porte website. The City of La Porte will have computers available at City Hall during normal hours of
operation. On such application shall be set forth:
(1) The name, address, telephone number(s), and driver's license number of the permit holder.
(2) 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.
(3) 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.
(4) Any business name used for the premises on which the alarm system is to be installed, and operated.
(5) 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.
(6) The name, address and telephone number of the alarm system business that has installed or will install the
alarm system.
(7) The names and local telephone numbers of two persons, or the name and local telephone number ofan alarm
system business which are able to and have agreed to:
a. Receive notification at any time;
b. Come to the alarm site within one hour after receiving a request form a city official to do so; and
c. 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 persons who are able and have
agreed to receive notification at any time; to come to the alarm site within one 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 ifnecessary;
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.
(8) Any application for a permit shall demonstrate compliance with all provisions ofthe La Porte City Code and
that all charges owed to the city have been paid.
(9) If an individual residence or apartment, the names ofthe other residents over the age of 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 of this 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 use the website
or amendment form to 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 for one year. The permit fee
shall be in the amount of$35.00. If the permit holder relinquishes control of the alarm site before the expiration
of the term of permit, then the permit extinguishes on the date of relinquishment.
(b) Each year upon expiration an alarm permit may be renewed by payment of$35.00 permit fee.
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 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 alarm site within one hour after receiving a request form the city to do so to assist the city with
respect to the premises and the alarm system at such premise; and
(3) Grant access to the alarm site and to deactivate the alarm system if such becomes necessary.
(b) The permit holder shall train all persons who may activate or deactivate the alarm system in the proper
operation of the alarm system.
(c) The permit holder will be responsible for all fees associated with the permit or the operation of the alarm
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 alarm system pursuant to the provisions of this chapter and who is able to give access to the
alarm site shall come to the alarm site within one 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 alarm system is repaired within 72 hours of the time notification is
made from the city that such system is malfunctioning or causing potential excessive alarms; or
(b) Alternatively, the permit holder may cause such alarm system to be deactivated rather than having such
system repaired upon notification from the city that such system is malfunctioning or causing potential
excessive alarms. If the permit holder does deactivate such alarm system he shall so notify the city and such
system shall not be reactivated until it has been repaired.
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:
(I) 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,
(2) 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 30-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.
(3) 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;
(4) 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;
(5) 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;
(6) 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 article, 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:
(1) There is no evidence of a crime or other activity that would warrant a call for immediate police or fire
assistance at the premises;
(2) 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 dispatcher verified a need for an immediate emergency response;
and
(3) 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. Delinquent
service fees may 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 three other false alarms have occurred during the preceding 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 three previous false alarms
will be $50.00 for the fourth and fifth false alarm, $75.00 for the sixth and seventh false alarm, and $100.00 per
response thereafter. The permit holder may take an on-line false alarm awareness training course in lieu of a
service fee once every twelve months. The permit holder may file a request for hearing with the city director of
finance to dispute the service fee within ten 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 often days
from 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 article.
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.
A reinstated permit 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 alarm responses available in addition to those already used during that
period for an alarm 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 permit shall be the only means of restoration of the
lawful use of the alarm system hereunder after the permit has been revoked, provided however, that a new
permit must be applied for and issued before operation of the alarm system if the ownership or possessor rights
to the alarm site have changed since the most recent application or amendment thereof.
Sec. 30-45. Refusal to permit and revocation.
(a) The city may refuse to permit or revoke a permit for an alarm system for the following reasons:
(1) The applicant or permit holder has failed to make payment in full to the city of any service fees assessed
pursuant to this chapter within 60 days of the date the city has made notification of service fees owed by way of
the permit holders water bill notice or other means.
(2) The alarm system ofthe applicant or permit holder has or is of the type that has had a history ofunreliability.
For purposes of this chapter, an alarm system shall be presumed to be unreliable ifthe applicant or permit holder
accrues more than eight false alarms during a twelve month period, excluding any false alarms which may have
formed 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 false alarms from the date of reinstatement.
(3) The city chief of police and or the city fire chief may establish additional standards to determine reliability or
unreliability of alarm systems as may be needed.
(b) Procedure. Refusal to permit or revocation.
(I) There shall be no refusal, termination, revocation or failure to renew a permit for an alarm 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 permit during which time a request for a hearing may be made. With respect to an application for
a permit which the city refuses to permit, the applicant shall be given at least 30 days within which to request a
hearing 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.
(c) All hearings shall be conducted under rules consistent with the nature of the proceedings, provided that the
following rules shall apply to such hearings:
(1) All parties shall have the right to representation by a licensed attorney although an attorney is not required;
(2) Each party may present witnesses in their own behalf;
(3) Each party has the right to cross-examine all witnesses;
(4) All the evidence presented before the hearing officer at such hearing may be considered in a final report; and
(5) 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.
(d) 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.
(e) 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 alarm 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 alarm system immediately and shall surrender his permit, if any, to the city.
(f) 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 alarm system exist, he shall give written notice of such finding to the permit holder or
applicant.
(g) Reinstatement.
(1) 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:
a. That the cause of the chargeable false alarms has been corrected; and
b. The service fees assessed have been paid.
(2) If a permit holder has had a permit revoked twice during the term of that permit, that person must wait a
period of one 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.
(3) If a reinstated permit is denied pursuant to this section, a hearing may be requested if received in writing
within ten 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:
(1) Responding to alarm. Utilize an Enhanced Call Verification system prior to notifying police and have
sufficient personnel trained in the procedures to be followed in receiving and relaying notice ofthe 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:
a. The street address of the alarm site, including the particular suite or apartment number, if applicable;
b. The name of the permit holder and the permit number;
c. The type of alarm activated; and
d. The name( s) and local telephone number( s) of the person( s) to notify, if so authorized by the permit holder.
(2) Notification. Notify the person in control of the property or his designee of the activation of the alarm system
within 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 premises.
(3) 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 years and shall be made available for inspection by the city during
regular business hours.
(4) Periodic testingfor 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 time in every 12-month period and, where a test result is
unsatisfactory, correct or cause to be corrected within a reasonable period time not to exceed seven days from
the date of testing the cause of the unsatisfactory test result;
(5) 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
(6) 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 article, or who causes, allows, or permits another to violate any
provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an
amount not to exceed $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
article 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."
Section 2. 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 article 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 notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient 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 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage ofthis Ordinance by causing the caption hereofto be published in the
official newspaper of the City of La Porte at least once within ten (10) days after the passage of this Ordinance.
PASSED AND APPROVED, this {)/JJdaYOf /VoVem13I(2009.
CITY OF LA PORTE
B
ATTEST:
~~vL~a.~
Marth~ A. Gillett
City Secretary
APPROVED:
~r/1~
Clark T. Askins
Assistant City Attorney
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