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HomeMy WebLinkAbout2102 02-23-2016 ORDINANCE NO. 2102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 60, "ROBBERY CRIME PREVENTION," ARTICLE I, "CONVENIENCE STORES AND CHECK CASHING BUSINESSES," SECTION 60-8, "SURVEILLANCE CAMERA SYSTEM," OF THE CITY OF EULESS CODE OF ORDINANCES, PROVIDING THAT EFFECTIVE FEBRUARY 23, 2016 ALL NEWLY CONSTRUCTED OR UPDATED SURVEILLANCE CAMERA SYSTEMS BE MP4 COMPATIBLE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council previously adopted regulations requiring convenience stores and check cashing businesses to have surveillance camera systems to aid in prosecution of crimes; and WHEREAS, in order to properly utilize surveillance camera systems in connection with the detection and prosecution of crime, said systems are required to be MP4 compatible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Section 60-8, "Surveillance camera system" of the Euless Code of Ordinances, is hereby amended by adding a new subsection (g) to read as follows: (g) Effective February 23, 2016, all newly constructed or updated surveillance camera systems shall be MP4 compatible for downloading. SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating surveillance camera systems that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PENALTY CLAUSE. The owner or operator of a convenience store or check cashing business that is not in compliance with the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article 11 of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. Ordinance No.2102, Page 2 of 3 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on February 23, 2016, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: 1 L' a artin, M or ATTEST: f Kim S er, TR C, City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney Ordinance No.2102, Page 3 of 3