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,
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Mayor, City of Schertz, Texas
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City Secretary, City of Schertz, Texas
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PUBLISHER'S AFFiDAVIT
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County of Guadalupe
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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
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was published in said newspaper
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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
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Notary Public, Guadalupe County, Texas
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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
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Sworn to and subscribed before me, this 25th day of OCTORRR
and a newspaper copy of which is hereto attached.
A.D., 19 96
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