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ORD 2017-02 Police Department Fee Schedule Update TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2017-02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING SECTION A1.011, "POLICE DEPARTMENT" OF ARTICLE A1.000, "GENERAL PROVISIONS" OF APPENDIX A, "FEE SCHEDULE" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW SECTION A1.011, "POLICE DEPARTMENT" OF ARTICLE A1.000, "GENERAL PROVISIONS" OF APPENDIX A, "FEE SCHEDULE" TO UPDATE THE POLICE DEPARTMENT'S FEE SCHEDULE INCLUDING THE REMOVAL OF OUTDATED FEES, UPDATING EXISTING FEES, AND ADDING FEES FOR OBTAINING A COPY OF BODY WORN CAMERA RECORDINGS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING THAT A VIOLATION SHALL BE A CLASS "C" MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, due to changes in State Law and Town provided services, the Town Council has determined that there is a need to update the Police Department's Fee Schedule to include removing outdated fees, update existing fees, and to add fees for obtaining a copy of body worn camera recordings; and WHEREAS, the Town Council hereby finds that repealing section A1.011, "Police Department" of Article A1 .000, "General Provisions" of Appendix A, "Fee Schedule" of the Town of Trophy Club Code of Ordinances and adopting a new Section A1.011, "Police Department" of Article A1.000, "General Provisions" of Appendix A, "Fee Schedule" to update the Police Department's Fee Schedule including the removal if outdated fees, updating existing fees, and to add fees for obtaining a copy of body worn camera recordings as further specified herein serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Section A1.011, "Police Department" of Article A1.000, "General Provisions" of Appendix A, "Fee Schedule" is hereby repealed and a new Section A1.011, "Police Department" of Article A1.000, "General Provisions" of Appendix A, "Fee Schedule" is hereby adopted to update the Police Department's Fee Schedule including the removal of outdated fees, updating existing fees, and to add fees for obtaining a copy of body worn camera recordings, to be and read in its entirety as follows: "APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS SECTION A1.011 POLICE DEPARTMENT (a) Accident reports: $6.00. (b) Administrative fee for abatement of weeds: $100.00. (c) Good conduct record: $5.00. (d) Fingerprints: $10.00/per card. (e) Temporary parking: (1) 90-Day Non-Transferable Temporary Parking Permit: $50.00. (2) Existing grandfathered Annual Parking Permit Renewal fee: $100.00. (f) Soliciting fees: (1) Application: $15.00. (2) Permit for first person/vendor: $50.00; each additional person: $25.00 (3) Renewal Permit: $25.00 per person (4) Background Checks: $65.00 ORD 2017-02 Page 2 of 5 (g) Alarm fees: (1) Permit for single-family: $50.00. (2) Multifamily: $50.00 + $5.00 per permit for each unit. (3) Commercial: $100.00. (h) False alarm service fees: (1) Each false alarm notification emitted from an alarm site that is in excess of five (5) false alarms: $25.00. (2) Multifamily dwelling issued as one protected property for each false alarm notification in excess of ten: $25.00. (i) Overweight vehicle transport: $50.00. (j) License to Carry (LTC) Class: $35.00 per person. (k) Home firearms safety class: $15.00 per person. (I) Texas Administrative Code, Title 1, Part 3, Chapter 70, Rule §70.13 provides the fee for obtaining a copy of body worn camera recording pursuant to §1701.661 of the Government Code. (1) Section 1701.661 of the Government Code is the sole authority under which a copy of a body worn camera recording may be obtained from a law enforcement agency under the Public Information Act, Chapter 552 of the Government Code, and no fee for obtaining a copy of a body worn camera recording from a law enforcement agency may be charged unless authorized by this section. (2) This section does not apply to a request, or portions of a request, seeking to obtain information other than a copy of a body worn camera recording. Portions of a request seeking information other than a copy of a body worn camera recording are subject to the charges listed in §70.3 of this chapter. The charge for obtaining a copy of a body worn camera recording shall be: (1) $10.00 per recording responsive to the request for information; and (2) $1.00 per full minute of body worn camera video or audio footage responsive to the request for information, if identical information has not already been obtained by a member of the public in response to a request for information. ORD 2017-02 Page 3 of 5 A law enforcement agency may provide a copy without charge, or at a reduced charge, if the agency determines waiver or reduction of the charge is in the public interest. If the requestor is not permitted to obtain a copy of a requested body worn camera recording under §1701.661 of the Government Code or an exception in the Public Information Act, Chapter 552 of the Government Code, the law enforcement agency may not charge the requestor under this section." SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2017-02 Page 4 of 5 SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 10th day of January, 2017. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEA ATTEST: OF R Pyy -"--4"fr 41(44141S annon Montgomery TRMC 4 *, * Acting Town Secretary (/ Town of Trophy Club, Texas ti&1RY A, APP '1V 2 Te S - • J. . ton•mown Attorney T� n • Trophy Club, Texas ORD 2017-02 Page 5 of 5