HomeMy WebLinkAboutO-91-20
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ORDINANCE NO.: 0-91-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, CREATING A NEW CHAPTER
31 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, PERTAINING TO THB REGULATION OF
ALARMS AND ALARM SYSTEMS WITHIN THE CITY OF
SBBASTIAN, FLORIDA; PROVIDING PURPOSE AND
SCOPB; PROVIDING DEFINITIONS; REGULATING
AUTHORITY TO INSTALL AND MAINTAIN ALARM
SYSTEMS; PROVIDING REGULATIONS GOVERNING ALARM
BUSINESSES AND ALARM USERS; PROHIBITING
AUTOMATIC DIALING DEVICES; REQUIRING AUTOMATIC
DEACTIVATION OF ALARMS; PROVIDING REGULATIONS
GOVERNING FALSE ALARMS; AUTHORIZING ALARM
MONITORING BY THE CITY; PROVIDING FOR ALARM
USER PERMITS; PROVIDING FOR REMEDIES AND
PENALTIES; PROVIDING FOR APPEAL OF PENALTIES;
PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city of Sebastian, Indian River County, Florida,
may lawfully regulate alarms and alarm systems; and
WHEREAS, the city Council of the City of Sebastian has
determined that false alarms endanger the lives of the citizens of
the City and of police personnel since responding to false alarms
on an emergency basis involves the hazard of high speed travel by
police personnel and removes said personnel from service, thus
endangering lives and property in the event of an actual police
emergency within the city; and
WHEREAS, the city council has determined that in order to
avoid these hazards, alarm systems must be maintained and monitored
in a manner that ensures that false alarms will be kept to an
absolute minimum; and
WHEREAS, the establishment of an Alarms and Alarm Systems Code
is necessary in order to better promote and protect the health,
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safety, welfare and prosperity of the public and citizens of the
city of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SBBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances of the city of Sebastian,
Florida, is hereby amended to create Chapter 31 to read as follows:
"CHAPTER 31
ALARMS AND ALARM SYSTEMS
Sec. 31.1. Purpose and scope.
(a) PurDose. The purpose of Chapter 31 is to
protect the pOlice services of the city from
misuse, and to protect the citizens from the
nuisance and danger of false alarms.
(b) Scone. These sections of Chapter 31
govern and regulate alarm systems, alarm
businesses, and alarm users; establish fees;
provide for issuance and revocation of
licenses and permits; and, provide for the
puniShment of violations within these
sections.
Sec. 31.2. Definitions.
(a) Alarm business means the business of any
person engaged in the sale, installation,
lease, maintenance, alteration, repair,
replacement, moving or servicing of alarm
systems, or who responds to or monitors such
alarm systems in or on any building, structure
or facility. It includes alarm system
contractors as defined in Section 489.505,
Florida Statutes. It does not include a
business engaged solely in the sale of alarm
systems.
(b) Alarm systems means any assembly of
equipment, whether mechanical, electrical, or
otherwise, arranged to signal the occurrence
of an unauthorized entry or any other activity
requiring urgent attention and to which police
are expected to respond. It includes the
terms "burglar alarm system" and "holdup alarm
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system." It does not include fire alarm
systems, except where such systems are
combined with, or consti tute, an alarm to
which police are expected to respond.
(c) Alarm user means a person who is in
control of any dwelling unit, building,
structure, or facility where an alarm system
is maintained.
(d) Automatic dialing device means a device
which is interconnected to a telephone line
and is programmed to select a predetermined
telephone number and transmit, by a voice
message, or code signal, an emergency message
indicating the need for an emergency response.
(e) False alarm means the activation of an
alarm system by other than a forced entry or
attempted forced entry to the premises,
requiring a response by the city police
department. It includes activation resulting
from improper installation or maintenance,
malfunction or mechanical failure, and
inadvertent activation of the alarm system.
"False alarm" does not include the activation
of an alarm by the following circumstances
outside of the control of the alarm user,
alarm business, or subscriber:
(1) Lightning;
(2) Violent weather;
(3) Telephone line malfunction; or
(4) Electrical power interruptions.
(f) Person means any individual, firm,
association, joint venture, partnership,
estate, trust, business trust, syndicate,
fiduciary or corporation, and all other groups
or combinations.
(g) Subscriber means a person who buys,
leases or otherwise maintains or operates an
alarm system and has an agreement wi th an
alarm business for the monitoring or servicing
of the alarm system.
Sec. 31-3. Authority to install and maintain
alarm systems.
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No residence, business or other structure or
facility located within the city may be
equipped with an alarm system except as may be
authorized by this chapter.
Sec. 31-4.
operation.
Alarm ~usines. licen.e and
(a) No person shall engage in an alarm
business in the city except in compliance with
the following requirements. Every alarm
business shall:
(l) Be in compliance with all applicable
requirements of Chapter 489 of the Florida
Statutes.
(2) Obtain and maintain the applicable
occupational license required under Chapter 14
of this Code.
(3) Be responsible, along with the alarm
user, for obtaining all building permits
required under state law or the Land
Development Code of the City of Sebastian.
(4) Provide and maintain with the police
department at all times the name, address and
telephone number of at least one (1)
responsible person in the employ of the alarm
business who can be called in an emergency,
twenty-four (24) hours per day.
(5) Maintain a record containing the
name, address and telephone number of each
alarm user or subscriber for whom the alarm
business has rendered service within one (1)
year. The police department may obtain
information from the alarm business as to a
particular alarm user or subscriber under any
of the following circumstances:
a. Where authorized by the alarm
user or subscriber.
b. In an emergency, including the
response to an alarm.
c. Where the police department
records do not contain accurate or current
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information concerning the alarm user for a
premises where an alarm has occurred.
(6) Be capable of providing a response
to alarms wi thin two (2) hours after
notification of an alarm, twenty-four (24)
hours per day.
Sec. 31-5. Alarm users.
No person shall install, maintain or operate;
or allow to be installed, maintained or
operated; an alarm system in or upon premises
under his or its control except in compliance
with the following requirements. Each alarm
user shall:
(1) Obtain, or cause to be obtained, all
building permits required under state law or
the Land Development Code of the city of
Sebastian.
(2) Obtain and maintain a valid, active
alarm user permit and alarm decal as provided
in section 31-11 of this chapter.
(3) Provide and maintain, or, if a
subscriber, cause his or its alarm business to
provide and maintain, with the pOlice
department, at all times, the name, address
and telephone number of each alarm user, and
the name, address and telephone number of any
person, other than the alarm user, who can be
contacted in case of an alarm.
(4) In the case of alarm systems in
business premises, the alarm user shall also
provide or cause to be provided to the police
department the names and telephone numbers of
persons who have the authority to, and will be
responsible for, responding to an alarm within
two (2) hours after being requested to do so
by the pOlice department.
Sec. 31-6. Automatic dialing devices.
No person shall own, maintain or operate any
alarm system containing an automatic dialing
device programmed to make any connection with
any telephone installed in any Sebastian
Police Department, or City of Sebastian
facility.
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Sec. 31-7. Deactivation of alarms.
(a) No alarm system shall be installed,
maintained or used unless it is capable of
automatically deactivating the audible signal
after fifteen (15) minutes for residential
alarm systems, or after thirty (3 0) minutes
for commercial alarm systems.
(b) Alarm systems which have already been
installed on the effective date of this
chapter shall have one (1) year from the
effective date of this chapter to be brought
into compliance with subsection (a) above.
After that date the police chief may relieve
an alarm system from compliance with
subsection (a) above, only upon application
prior to said deadline demonstrating hardship,
and establishing that reasonable alternative
measures have been taken to provide for
deactivation of the audible signal within
fifteen (15) minutes from the time the pOlice
department notifies, or attempts to notify,
the alarm user.
Sec. 31-8. False alarms; required reports and
corrective action; fees.
(a) Upon response by the pOlice department to
any false alarm, the alarm user shall be
liable for and shall be assessed the following
fees:
(l) First, second and third responses:
For a response to a false alarm at a premises
where no more than three (3) false alarms have
occurred within the preceding twelve-month
period, no fee shall be charged.
(2) Fourth response: For a response to
a false alarm at a premises where three (3)
false alarms have occurred in the preceding
twelve-month period, a fee of fifty dollars
($50.00) shall be charged.
(3) Fifth and succeeding response: For
a response to a false alarm at a premises
where four (4) or more false alarms have
occurred within the preceding twelve-month
period, a fee of seventy-five dollars ($75.00)
shall be charged. After the fifth response,
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the pOlice chief may order the alarm user to
disconnect the alarm system. It shall
thereafter be unlawful for an alarm user to
fail to disconnect the alarm system, or to
reconnect the alarm system until a qualified
alarm business has certified in writing to the
pOlice chief that appropriate corrective
action has been taken.
(b) The police department may require any
alarm user to file a written report after any
response to a false alarm setting forth the
cause of the false alarm, if known, the
corrective action taken, whether the alarm
system has been inspected by a qualified alarm
service person, and such other information as
the police department may reasonably require
to determine the cause and to recommend
corrective action.
(c) For the purpose of cOllecting false alarm
fees, for ordering an alarm system to be
disconnected, or for requiring reports, the
city shall notify the alarm user by serving a
notice upon the alarm user (or an individual
in the household of the alarm user that is
fifteen (15) years of age or older) at the
alarm user's residence, if in the city; or by
serving the alarm user or other employee at
the alarm user's business premises. If the
alarm user's residence or business premises is
not in the city, the notice may be served by
certified mail at the address in the pOlice
department alarm file, or last known address
of the alarm user. If the alarm user is not
also the owner of the premises, the owner
shall also be notified by residence service,
if located in the city, or by certified mail
if located outside the city. Alternatively,
service by publication may be made as
permitted by law.
(d) The notice required in subsection (c)
above shall state that the applicable fee
shall be paid, the alarm system shall be
disconnected, or a written report shall be
filed, as the case may be, within fifteen (15)
calendar days from the date of the notice,
unless the alarm user sooner presents his
objections or defenses in writing postmarked
on or before the fifteenth calendar day after
the date of the notice, or personally appears
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at the pOlice department between 8:00 a.m. and
5:00 p.m., Monday through Friday, on or before
the fifteenth day after the date of the notice
or some other pre-arranged and approved time,
to present objections or defenses to the fee
or action required in the notice. Upon timely
objection as set forth above, the pOlice
chief, or a police officer designated by the
police chief, will receive such objections and
within fifteen (15) days of his/her receipt,
make a written determination and deliver same
by regular mail to the alarm user. In making
a determination, the police chief, or the
designated police officer, is empowered to
waive a fine or other action required on the
part of an alarm user pursuant to this
section, and not count a response as a
response to a false alarm for good cause,
including, but not limited to, a showing that
the alarm user or the alarm business has
voluntarily made a good faith effort to
determine the cause of the false alarm and to
take corrective action.
(e) The fees imposed by this section are
based upon the costs, or a portion of the
costs, incurred by the city in responding to
said false alarms and shall be deemed assessed
on the day of the response. Said fees may be
paid within fifteen (15) calendar days from
the date of the notice without interest.
Thereafter, any unpaid fees shall accrue
interest at the rate of twelve percent (12%)
per annum and shall become a lien on the real
and personal property protected by said alarm.
Upon the recording in the pUblic records of
Indian River County of a notice of lien
setting forth the date of assessment, the
legal description of the property and the name
of the owner of the real property as it
appears on the tax roll, said lien shall take
precedence over any other lien against said
property, except for liens for taxes,
mechanics' lien and purchase money liens.
Said liens may be foreclosed against said real
and personal property by the city at any time
within ten (10) years after the date of
assessment of said fee.
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Sec. 31-9. Appeal.
(a) An alarm user may appeal to the city
council a written determination of the police
chief, or pOlice officer designated by the
police chief, refusing to waive a fine or
other action required of the alarm user by the
police department pursuant to section 31-8.
(b) An appeal shall be in writing, stating
the reasons why the written determination
should be withdrawn, and shall be made within
ten (10) days of the receipt by the alarm user
of the written determination. The city
council shall review the facts and
circumstances to determine whether this
chapter has been violated and shall make a
written determination whether good cause
exists to waive applicable penalties and
deliver same by regular mail to the alarm
user. In the event the city council affirms
the written determination of the police chief,
or pOlice officer designated by the police
chief, the alarm user shall have three (3)
days following receipt of the written decision
of the city council within which to comply
with the written determination. The appeal of
a written determination pursuant to this
section shall suspend the effective date of
the written determination until the appeal has
been acted upon by the city council.
Sec. 31-10. Alarm monitoring ~y city.
(a) The city manager is hereby authorized to
proYide connections to banks, savings and loan
associations and credit unions that are alarm
users making application for alarm monitoring
services, and to enter into service fee
agreements relating thereto, based upon a
reasonable schedule of fees consistently
applied and approved by council resolution.
(b) Nothing in this section shall impose upon
the city a duty to provide such connections,
or impose upon the city any liability to any
person for whom the city provides alarm
monitoring services, or to any other person.
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Sec. 31-11. Alarms users permit.
(a) Prior to activating or maintaining an
alarm system, the alarm user shall complete
and submit to the Community Development
Department an application for an alarm user
permit on the application form provided by the
Community Development Department. The
application for alarm user permit shall
contain the following information:
( 1) The name, address and telephone
number of the alarm user;
(2) The name, address and telephone
number of a person, other than the alarm user,
who can be contacted in case of an alarm, if
the alarm system is being utilized in a
residence;
(3) The name, address and telephone
number of persons who have the authority to,
and will be responsible for, responding to an
alarm within two (2) hours after being
requested to do so by the Police Department
with respect to an alarm system located in a
business premise or any other non-residential
premise;
(4) The name, address and telephone
number of any alarm company which services the
alarm user's alarm system, if any;
(5) The classification of the alarm site
as single family residential, mUlti-family
residential or commercial. For purposes of
this provision, the term "commercial" shall
include any alarm location that is not located
in a residence or structure utilized
exclusively for residential purposes;
(6) The purpose of each alarm located at
the alarm site, such as intrusion, robbery or
panic.
(b) A permit fee of Ten and No/100 Dollars
($10.00) for a new permit shall be paid to the
City at the time that the completed
application form is submitted for approval.
The permit fee shall be nonrefundable. The
Director of the Community Development
Department shall issue an alarm user permit to
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an alarm user applicant unless the applicant
has failed to provide all of the information
required by the alarm user permit application
or has failed to pay any fine assessed
pursuant to section 31-8 of this chapter or
has had his/her/its alarm user permit
suspended or revoked by the City and the
violation causing the suspension or revocation
of the alarm user permit has not been
corrected or the period of suspension has not
expired. In addition, any false statement of
a material matter made by an applicant for an
alarm user permit for the purposes of
obtaining an alarm user permit shall be
sufficient cause for the refusal of the City
to issue an alarm user permit.
(c) Each alarm permit holder will be issued
an alarm decal by the Community Development
Department. Said decal shall be displayed in
a conspicuous place visible to the outside of
the premises covered by the alarm user permit.
(d) All alarm user permits shall expire upon
a change of ownership or control of the
premises covered by the alarm user permit.
(e) The alarm user permit is not transferable
by the permittee to any other person.
(f) The holder of an alarm user permit shall
notify the Director of the Community
Development Department of any change in the
information set forth on the alarm user permit
application within two (2) business days of
any such change. The Director of the
Community Development Department shall notify
the Police Department of the City of any such
changes within two (2) business days of
learning of such change from the alarm user
permit holder. No fees shall be assessed
against the alarm user permit holder resulting
from any such changes to the information set
forth on the then most current alarm user
permit application.
Sec. 31-12. Remedies and penalties.
(a) Failure of an alarm business to comply
with the provisions of section 31-4 of this
chapter shall be grounds for denial or
revocation of an occupational license; shall
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sUbject the alarm business to fines and
penalties before the Sebastian Code
Enforcement Board; and shall constitute a
public nuisance, abatable under the provisions
of Chapter 16 of this Code. Violations of
section 31-3 and subsections (1), (2) and (3)
of subsection 31-4 (a) above shall, in
addition, constitute an offense against the
city punishable under the provisions of
section 1-10 of this Code.
(b) Failure of an alarm user, or any other
person, to comply with the provisions of
sections 31-3, 31-5, 31-6, and 31-7 or with
the terms of an order of the chief of police
as set forth in section 31-8 (a) (5) of this
chapter shall constitute a pUblic nuisance,
abatable under the provisions of Chapter 16 of
this Code, and shall, in addition, constitute
an offense against the city, punishable under
the provisions of section l-10 of this Code.
(c) Failure of an alarm business, alarm user
or any other person to apply for and obtain
applicable licenses or permits, including
building permits, shall subject the offender
to all penalties provided in the applicable
sections of this Code or the Land Development
Code.
(d) Each day of violation shall constitute a
separate violation or offense.
(e) All remedies shall be deemed cumulative,
rather than exclusive."
seotion 2. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
section 3. CODIFICATION.
It is the intention of the City
Council of the city of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the city of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
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"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision.
It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective on June 20, 1992.
The foregoing Ordinance was moved for adoption by Councilman
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fY~A~?~~ and, upon being put into a vote,
The motion was seconded by Councilman
the vote
was as fOllows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George R. Reid
(
The Mayor thereupon declared this Ordinance duly passed and
adopted this
t.;2~.7l4!/ day of
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1 ,1,-
~<.R-/. .;' 1992.
CI;'Y.."OF...,.~~~.:..'.'.'. ~'. AN.. FLORIDA
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",.Ldnnie 'FiS15owell, Mayor
ATTEST:
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by state statute, that one SbliC hearing 1;as held on this
ordinance at 7:00 p.m. on the ~ day of nLCL , 1995,
and that following said public hearing this Or inance was passed
by the city Council.
? (),# aLbAa---.
n M. O'Halloran,
city Clerk
to Form and Content:
'v'
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Cha es Ian Nash,
city Attorney
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