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1996M33-RESTRICTED ENTRY ACCESS C/eJJr~t4/IIeE NO. ~b-7t1-33 AN ORDINANCE REGULATING THE USE OF RESTRICTED ENTRY ACCESS SYSTEMS IN GATED RESIDENTIAL DEVELOPMENTS; AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS THEREOF IN AN AMOUNT NOT TO EXCEED $50000 WHEREAS, the number of gated communities within the City of Schertz is increasing. WHEREAS. it is necessary to prevent restricted access to gated communities from becoming a public safety issue WHEREAS, unless such actions are taken, the health and safety of the residents within the gated communities of1he City will be threatened; and WHEREAS, the adopting of regulations addressing the access of public safety personnel to gated communities will help to eliminate the aforementioned threat to the health and safety of those residing within the gated communities; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SECTION I. The City Code of the City of Schertz is hereby amended to create, Restricted Entry Access Systems, and the following provisions are hereby adopted for inclusion, therein Definitions A "Access Controller" means a person or entity controlling entry access to any residential development to which access by the public is restricted by means of a Restricted Entry Access System For the purposes of Section ] 1, the term "Access Controller" does not include an agent, representative, or employee of the person or entity controlling entry access to a Residential Development. B. "Electronically-Controlled Key Pad System" means a Restricted Entry Access System which functions in such a way that it allows or permits entry access only after depressing keys or push buttons and requires the use of no other equipment of any kind, including but not limited to, keys or cards. C. "Emergency Access Code" is a sequence of one or more alphabetic or numeric characters assigned at the sole discretion of the Access Controller for the purpose of complying with this ordinance. D. "Forceable Entry" means any entry using force to open gates or fencing. E. "Residential Development" means any multi-unit development used for residential purpos- es and shall include apartment houses, condominiums, townhouses, mobile home parks, singe- family residences, multi-family residences, planned unit developments, or any other residential development. F. "Restricted Entry Access System" means any device or system of devices which control or restrict entry access to a Residential Development. The term Restricted Entry Access System as used herein does not include a system serving only one dwelling unit. 2. Permit Requirement The Access Controller may not restrict entry access to any Residential Development without first having received a Restricted Entry Access permit. The City shall provide an application for such permit pursuant to Section 9. 3. Electronically-Controlled Kev Pad System Requirement Where entry access to Residential Developments is restricted by the use of a Restricted Entry Access System, access must be available through an Electronically-Controlled Key Pad System or staffed twenty-four hours a day through at least one entrance to the Residential Development. Other entry access systems functioning simultaneously with an Electronically-Controlled Pad System are permitted. Each entrance served by an Electronically-Controlled Key Pad System must allow access through entry of the same Emergency Access Code 4. Compliance Term Access Controllers who, on the effective date of this ordinance, restrict entry access to a Residen- tial Development under their control by a means of either an Electronically-Controlled Key Pad System or other Restricted Entry Access System must bring said Residential Developments into compliance with this ordinance no later than one year from the effective date of this ordinance. An Access Controller installing a Restricted Entry Access System after the effective date of this ordinance shall submit an application to the Schertz Police Department at least fourteen days before entry access is restricted by said system In addition, the Access Controller must specifY the date on which the new Emergency Access Code will become effective; such date shall not be less than fOlll1cen days after the date on which notice is provided. Fifteen days after submission of a permit application, the Access Controller may restrict access to the Residential Development unless it receives notice under Section 9D that its application has been denied. 5. Reportin~ Code The Access Controller who controls restricted entry access to Residential Developments by means of any Electronically-Controlled Key Pad System shall report the Emergency Access Code for such system to the Schertz Police Department prior to the granting of a permit for said system. In addition, Access Controllers must provide written operating instructions for each Electronical- ly-Controlled Key Pad System 6. Emergencv Access Code Changes A. Access Controllers who restrict entry access to Residential Developments by means of any Electronically-Controlled Key Pad System shall not change the Emergency Access Code reported to the Schertz Police Department without first giving at least two business days' written notice of the new Emergency Access Code to the Schertz Police Department. In addition, the Access Controller must specifY the date on which the new Emergency Access Code will become effec- tive; such date shall not be less than two business days after the date on which notice is provided B. An Access Controller may change the Emergency Access Code without prior notice to the Schertz Police Department in the event there is an emergency arising from a threa1 to the health or safety of individuals in or near the Residential Development An Access Controller who does so must provide written notice to the Schertz Police Department not later than the next business day following the Code change. 7. Main1enance of Restricted Entry Access System An Access Controller restricting access to a Residential Development by means of an Electroni- cally-Controlled Key Pad System shall utilize its best efforts to keep the Restricted Entry Access System in good working order During any period in which said System is malfunctioning, entry access may not be restricted unless there is an alternate entrance to the Residential Development which is controlled by an Electronically-Controlled Key Pad System and the Emergency Access Code to the alternative Restricted Entry Access System has been provided to the Schertz Police Department 8. Forceable Entry A. In the event of an emergency, forceable entry to the Residential Development may be used by any public safety person responding to an actual emergency within the community. B The Access Controller will be liable for all damages incurred when such forceable entry is used, including repairs to city equipment and/or gated community property provided access could not be gained because of failure to comply with this ordinance or forceable entry is required due to circumstances at the time of the emergency The City shall have no liability therefor 9. Permit Application A. An Access Controller shall make application for a restricted entry access permit to the Schertz Police Department Said application shall state (I) the name, address, and telephone number (if applicable) of the Residential Devel- opment to which access is restricted; (2) the name, address, and telephone number of the Access Controller (of the Residen- tial Development or any association governing the Residential Development) and the name, address, and telephone number of the Access Controller's authorized agent, if different from the Access Controller; (3) the name, address, and telephone number of the local contact person for the Access Controller; (4) the name, address, and telephone number of another person who may be contacted in the case of an emergency, (5) each of the street addresses within the Residential Development, whether designat- ing improved or unimproved property, (6) the location of each Restricted Entry Access System and the manner in which access is restricted; (7) if the system is an Electronically-Controlled Key Pad System erected prior the effective date of this ordinance, the Emergency Access Code for said system in effect at the time of application; and (8) if the system is an Electronically-Controlled Key Pad System erected after the effective date of this ordinance, the Emergency Access Code for said system and the date the Emergency Access Code for said system would be in effect B. Upon submission of a completed application, the Schertz Police Department shall issue a restricted entry access permit to the applicant within the fourteen-day period referred to in Section 4. C If any material information on the application changes after submission of the original application, the Access Controller shall provide written notice of the change to the Schertz Police Department within fourteen days. Material changes requiring notification include, but are not limited to, the addition of street addresses to a Residential Development or the change of street address within a Residential Development. D. Within fourteen days after submission of a permit application, the Schertz Police Depart- ment shall either issue a restricted entry access permit to the applicant or notity the applicant that the application has been denied, stating the reason for the denial. E The application must include instructions for each applicable Electronically-Controlled Key Pad System for an entrance to the Residential Development and a permit fee of $5000 for each Restricted Entry Access System F. It shall be unlawful for any person to intentionally make a false or misleading representa- tion while applying for a permit under this Section. A person who does so shall, upon conviction, be punished by a fine of not less than $200.00 nor more than $500.00. G. Each permit must be renewed each January for a fee of$]O.OO. 10 Notice Unless otherwise indicated, for purposes of this ordinance, notice shall be deemed to have been provided when I. it is deposited In the United States Mail, certified mail, return receipt requested; II. hand delivered with a signed receipt; or Ill. delivered via facsimile transmission with a transmittal receipt with a copy sent by regular mail. 11. Penalties A. Violations. Unless otherwise provided, the failure to adhere to any of the provisions of this ordinance shall constitute an offense. B. Notice. A citation alleging such a violation shall be issued by a police officer, served on the Access Controller, and shall provide the time and place of a municipal court hearing. Said hearing shall be held not earlier than ten days from the issuance of the citation C Fines. The total fine for each offense shall not exceed $50000. D. Enforcement In the event the Access Controller fails to comply with this ordinance, each day of noncompliance is a separate offense. SECTION 2. If any provision, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitu- tional, void, or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion thereof or provision or regulation con- tained herein shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this ordinance are declared to be severable to that purpose. SECTION 3. This ordinance shall become effective from and after its final passage and any publication required by the City Charter. Approved on first reading this the f2flL day of OeTOil.ct:' , I PC; (,. PASSED, APPROVED AND AOOPTEO <h;, <h, Sl' of ;Yo';,""JER, ~~ f 4ck~- Mayor, City of Schertz, Texas 11ft" ATTEST ~ /7" L/l ioJ'UV L.~~ City Secretary, City of Schertz, Texas (SEAL OF CITY) . PUBLISHER'S AFFiDAVIT \,,- I County of Guadalupe 'Y' I' L ^' . iJ-jJ)j IJ, '. fl' t 7' ~) , I II tt.-" It.- .""1,.(1/ '/ I" j I': I (1& . ~~I<'. .)!./ 'lb" ., / V,.,L . ~ ~I'-' _ L- f iL' ,I','V ')~ ,.1" i I .' ,J.- . -.u ~ I ,i\ JV .'. '--I .~p'" ./ .'. rI. {. . ,", #" . ~ ~(lt.Y fl"i" u- THE STATE OF TEXAS, Before me, the undersigned authority, on this date personally appeared r... A_ R::'!:lOLDS known to me, who, being by me duly swom, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing AD was published in said newspaper 2 times before the return day named therein, such NOVEMBER IO, 1996 ORD!NANCI; NO.IHoi-33 ReQtIlstmg the-'l/S<O.oIle_ . stricted entry access sys- tems In gated residential de- vefot?~ents; and providing f~r CIVIl and criminal penal- ties for ~tions thereof in an amount not to exceed $500.00. Passed, approved and adopted the 5th day of No- vember, 1996. Noons Ahhouse City Secretary ORDINANCE NO.ll6-M'33 Regulating the use of re- stricted entry access sys- lems in gated residential de- I.elopmenls; and providing for civil and criminal penaJ- ties for violations thereof in em amount not to exceed $500.00. Passed, approved and adopted the 5th day of No- vember, 1996. Norma Althouse City Secretary publications being on the following dates: NOVEMBER 14, 1996 and a newspaper copy of which is hereto attached. Swom to and subscribed before me, this l4thdayof NOVEMBER A.D., 1996 ---~~'.", Z :\;_"''''_,< I f~~/*' _ "-~~\ RUTH AYERS ~.' ...-(-- ;.~ NotaryPublK:,Sta~otTllY.aS 'I' ..; My GommisSion Expires 12-21-1999 'Id';"~. '.. ..n//".f Illt1'''i'Of~i-''':f \'",,-,;,........r- Notary Public, Guadalupe County, Texas PUBLISHER'S AFFIDAVIT 1 '..A 'J, ~vP' u J~itP . . (yp.-'J . '~~~)yiP'V ['I)J" ttu-YJ/ I. 1 jJ/~J I THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared r.. A _ REYNOLDS known to me, who, being by me duly swom, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing AD was published in said newspaper 2 times before the retum day named therein, such AN ORDINANCE AN ORDINANCE RegUlatilJll tile _ 01 .... Regulating the use of re- stricted entry _ ova. stricted entry access sys- tems in gated --..... de- terns in gated residential de- velopments; and rvnuitfi.u.o velopments; and providing p".-........." for civil and criminal penal- for civil and criminal penajo. ties for violations thereof in ties for vtoIatione thereof in an amount not to exceed an amount noI 10 ex.- $500.00. Passed, Approved $500.00. Paoood, Ajlpoved and Adopted the 15th day of andAdoptedthe151hdayol October, 1996. October, 1996, Noona Afthouse Norma """"- City Secretary City Secretary publications being on the following dates: OCTOBER 22, 1996 OCTOBER 24, 1996 ..~ ~.. - '\ ( -.,' .'--~~('/ . .' ') "", Sworn to and subscribed before me, this 25th day of OCTORRR and a newspaper copy of which is hereto attached. A.D., 19 96 ~~~~ t?*' ~ 'j) RUTH AYEAS ~ . ; i " NolaryPublic. StHl 01 TellIS \ "'~~ /~ MyCommissionExpjres12-2H9!B ""''''' _.......-.,... r ....\\~~.... 1> ~~ Notary Public, Guadalupe County, Texas ~..- . ----~--- . -.----