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HomeMy WebLinkAboutO-99-15 . . . '. / " , . ORDINANCE NO. 0-99-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 39, ARTICLE 2, ALARM SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City seeks to encourage Alarm Users and Alarm Businesses to properly use and maintain the operational reliability of Alarm Systems and to reduce or eliminate false alarm dispatch requests; and WHEREAS, the City desires to implement regulations to govern systems intended to summon police response, require permits, establish fees, provide for penalties for violations, establish a system of administration, and set conditions for suspension or loss of permits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 39-26 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-26. Definitions. The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning: A. Alarm Administrator means a Person or Persons designated by the City Manager to administer, control and review alarm applications, permits and Alarm Dispatch Requests. B. Alarm Business means the business, by an individual, partnership, corporation or other entity meeting the requirements of Fla. Stat. Chapter 489, of maintaining, servicing, repairing, altering, replacing, moving, installing or Monitoring an Alarm System in an Alarm Site. , .. . " , ' , ' C. Alarm Dispatch Request means a notification to the police by the Alarm Business that an alarm, either manual or automatic, has been activated at a particular Alarm Site. D. Alarm Review Board: The city's Code Enforcement Board will serve as an Alarm Review Board and perform the functions of that Board. E. Alarm Site means a single premises or location served by an Alarm System or systems. Each tenancy, if served by a separate Alarm System in a multi-tenant building or complex shall be considered a separate Alarm Site. F. Alarm System means a device or series of devices, including, but not limited to, systems interconnected with radio frequency signals, which are designed to discourage crime, by emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm condition. Alarm System does not include: 1. an alarm installed on a vehicle unless the vehicle is permanently located at a site; or 2. an alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the Alarm Site. G. Alarm User means any Person, firm, partnership, corporation or other entity who (which) uses an alarm system at its alarm site. H. Chief means the Chief of Police of the City or an authorized representative. I. Conversion means the transaction or process by which one Alarm Business begins Monitoring of an Alarm System previously monitored by another Alarm Business. J. Duress Alarm means a silent alarm signal generated by the manual activation of a device intended to signal a crisis situation requiring police response. . . " K. False Alarm Dispatch means an Alarm Dispatch Request to the police department, when the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the Alarm Site. An Alarm Dispatch Request which is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch. L. False Alarm User A wareness Class means a class operated by either the Police Department or Sheriff's Office for the purpose of educating alarm users about the problems created by false alarm dispatches and in the responsible use of their alarm system. M. HOldup Alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. N. Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. O. Monitoring means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to the city for the purpose of summoning police response to the alarm site. P. One Plus Duress Alarm means the manual activation of a silent alarm signal by entering at a Keypad a code that adds one to the last digit of the normal arm/disarm code (Normal code = 1234 One Plus Duress Code = 1235) . a. Person means an individual, corporation, partnership, association, organization or similar entity. R. Takeover means the transaction or process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user. .. " S. Verify means an attempt, by the alarm business, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request. Section 2. That section 39-27 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-27. Permit requirement. A. No Alarm User shall operate, or cause to be operated, an Alarm System at its Alarm Site without a valid alarm permit issued by the Alarm Administrator. A separate permit is required for each Alarm Site. A special classification shall be required for an alarm system equipped for duress alarm. B. The application fee for a permit for a residential or commercial alarm site is $10.00; no refund of a permit fee will be made. This permit fee must be submitted to the Alarm Administrator within fifteen (15) days after the alarm installation or alarm takeover. Failure by the alarm company to provide information to the user that registration by the user is required will result in a $90.00 fine to that alarm company. C. Upon receipt of a completed application form and the permit fee, the Alarm Administrator shall issue an alarm permit to an applicant unless the applicant has: 1. failed to pay a fine assessed under Section 39-38 or, 2. had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. D. Each permit application, either new construction or existing structure, must include the following information: 1. the name, address, and telephone numbers of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article; 2. the classification of the alarm site as either residential, commercial or apartment; 3. for each alarm system located at the alarm site, the purpose of the alarm system, i.e., burglary, holdup, duress, or other; 4. signed certification from the alarm user and the Alarm Business stating: a. the date of installation, conversion or takeover of the alarm system, whichever is applicable; b. the name, address, and phone number of the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair service to the alarm system; c. the name, address, and phone number of the alarm business monitoring the alarm system if different from the installing alarm business; d. that a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, have been left with the applicant; and e. that the alarm business has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms. 5. classification of the alarm site as being equipped or non- equipped for duress alarm. E. Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and shall fall under Section 39-43, Violations, and subject to fine. F. Alarm users are responsible for informing the Alarm Administrator of any changes that alter any information listed on the permit application within thirty (30) calendar days of such change(s). G. All fees owed by an applicant must be paid before a permit may be issued or renewed. .. H. An alarm permit cannot be transferred to another person and no portion of the permit fees are refundable. I. Information contained in permit applications shall be held in confidence by all employees or representatives of the city with access to such information. J. Existing valid alarm permits issued prior to the effective date of this section shall remain valid through June 30, 2000. The Alarm User under such existing permits shall be entitled to issuance of a new annual permit in accordance with these provisions, without payment of the alarm application fee, upon submittal of a new permit application. Section 3. That section 39-28 ofthe Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-28. Individual apartment alarms. A. If an alarm system installed by an individual tenant in an apartment complex unit is monitored, the tenant must provide the name of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm business which is providing the monitoring service. B. A tenant of an apartment complex shall also obtain an alarm permit from the Alarm Administrator before operating or causing the operation of an alarm system in the tenant's residential unit. The annual fee for this permit or the renewal of this permit shall be the same as the fee for a residential or commercial alarm site. C. For purposes of enforcing this article against an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's residential unit. Section 4. That section 39-29 ofthe Code of Ordinances, City of Sebastian, Florida is hereby amended to read as fol1ows: Sec. 39-29. Complex-wide apartment alarms. A. If the owner or property manager of an apartment complex provides Alarm Systems in each residential unit as an amenity, then the owner or property manager of the apartment complex shall obtain a master alarm permit from the Alarm Administrator. The initial fee for this permit shall be $100.00 and $10.00 per each residential unit. All this, whether occupied or not, shall be included in calculating the required fee. This fee will be charged in lieu of the $10.00 per residential permit. B. For purposes of assessing fines and enforcing this article, the master alarm permit holder is responsible for payment of fines for false alarm dispatches emitted from the alarm systems in residential units. C. The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. An annual fee for such a permit shall be the same as the fee for a residential alarm site. Section 5. That section 39-30 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-30. Permit duration and renewal. A permit shall expire one year from the date of issuance, and must be renewed annually by submitting an updated application and a permit renewal fee to the Alarm Administrator. There shall be no fee for renewal of an active and valid permit renewal fee if there has been no false alarm at the Alarm Site during the previous twelve months; otherwise the renewal fee shall be ten ($10) dollars. The Alarm Administrator will endeavor to notify each Alarm User of the need to renew thirty (30) days prior to the expiration of their permit, however, it is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non-permitted alarm system, and citations and penalties shall be assessed and, if notice of renewal was sent, there shall be no waiver of said penalty. Section 6. That section 39-31 ofthe Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec.39-31. System operation and maintenance. A. An Alarm User shall: 1. maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches, and 2. make every reasonable effort to respond or cause a representative to respond to the alarm system's location within one hour when notified by the city to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises, and 3. not manually activate an alarm for any reason other than an occurrence of an event that the Alarm System was intended to report. 4. provide a "swinger shut down" option for active zones within the premises. B. An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15) minutes after being activated. C. An alarm user shall have a properly licensed alarm business inspect his alarm system after two (2) false alarm dispatches in a one year period. After a third (3rd) false alarm dispatch, the alarm user must have a properly licensed alarm business modify the alarm system to be more false alarm resistant and/or provide additional user training, as appropriate. The alarm user shall provide the Alarm Administrator with a corrective action report signed by the qualifying agent for the alarm company; a copy will be forwarded to the police department. " Section 7. That section 39-32 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-32. Monitoring. A. An alarm business performing monitoring services shall: 1. operate in full compliance with Florida Statutes; 2. report alarm signals by using telephone numbers designated by the Alarm Administrator; 3. attempt to Verify every alarm signal, except a duress or hold up alarm activation before requesting a police response to an alarm signal; 4. communicate alarm dispatch requests to the city in a manner and form approved by the Alarm Administrator; 5. communicate verified cancellations of alarm dispatch requests to the city in a manner approved by the Alarm Administrator; 6. ensure that all users of alarm systems equipped with duress alarm are given adequate training as to the proper use of the duress alarm. B. The Alarm Administrator shall: 1. designate a manner, form and telephone numbers for the communication of alarm dispatch requests; 2 develop a procedure to accept verified cancellation of alarm dispatch requests. C. A second request to respond to the same premises within a 24 hour period, except for response to a duress or hold up alarm activation, will require the response of a key holder. It is the duty of the alarm monitoring company to contact the key holder before this second dispatch request is made. If a key holder cannot be contacted, the police department will not be requested to respond. Section 8. That section 39-33 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-33. Duties of alarm businesses. A. After January 1, 2000, alarm businesses shall not program alarm systems so that they are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus duress alarms received from alarm systems programmed with this feature prior to January 1, 2000. However, after January 1, 2000, when performing a takeover or conversion, an alarm business must remove the one plus duress alarm capability from the alarm system being taken over or converted. B. After January 1, 2000, alarm businesses shall not install a devices for activating a hold-up alarm which is a single action non recessed button. C. Any alarm company service technician that fails to place a system on "test" and causes a false alarm dispatch, shall be assessed a $100.00 fine; a copy of the fine and notification from the Alarm Administrator shall be sent to the alarm company owner/manager. Section 9. That section 39-34 ofthe Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-34 Operating instructions. An alarm user shall maintain at each alarm site, a set of written operating instructions for each alarm system. Section 10. That section 39-35 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-35. Dispatch records. A. The officer responding to an Alarm Dispatch Request shall record such information as necessary to permit the Alarm Administrator to maintain records, including, but not limited, to the following information: 1. identification of the permit number for the Alarm Site; 2. identification of the Alarm Site; 3. arrival time at the Alarm Site and dispatch received time; 4. date, and time; 5. weather conditions; 6. area and/or sub-area of premise involved; 7. name of Alarm User's representative on premises, if any; 8. identification of the responsible Alarm Business, and/or; 9. unable to locate the address. B. The responding police officer shall indicate on the dispatch record whether the dispatch was caused by a criminal offense, an attempted criminal offense, or was a false alarm dispatch. A copy will be provided by the police department to the respective alarm company for informational purposes. C. In the case of an assumed false alarm dispatch, the responding police officer shall leave notice at the alarm site that the police department has responded to a false alarm dispatch. The notice shall include the following information: 1. the date and time of police response to the false alarm dispatch; 2. the identification number of the responding police officer, and; 3. a statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid fines per the ordinance. D. Alarm businesses which perform monitoring services must maintain for a period of at least one (1) year following request for police dispatch to an alarm site, records relating to the dispatch. Records must include the name, address and phone number of the alarm user, the alarm system zone(s) or point(s) activated, the time of request for police dispatch and evidence that an attempt to verify was made to the alarm site prior to the request for police dispatch. The Alarm Administrator may request copies of such records for individually named alarm users. .' Section 11. That section 39-36 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-36. Performance review. If there is reason to believe that an Alarm System is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the Alarm Administrator may require a conference with an alarm user and the alarm business responsible for the repair of the alarm system to review the circumstances of each false alarm. Section 12. That section 39-37 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 39-37. User's awareness class. The Administrator shall oversee the creation and implementation of a false alarm user awareness class. The two hour program shall inform alarm users of the problems created by false alarm dispatches and teach alarm users how to operate their alarm systems without generating false alarm dispatches. The Code Enforcement Board, when reviewing false alarm cases, may waive fines and recommend the awareness class, if deemed appropriate. These classes will be held at different times and locations by the police department and Sheriff's Office to facilitate attendance and to minimize scheduling conflicts. There shall be a $35.00 administrative fee charged to attend an alarm users' class. The fee will cover costs associated with conducting the course, including all informational materials and handouts. Section 13. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-38, which said section shall read as fol1ows: Sec. 39-38. Fines. A. An alarm user or the master permit holder for an apartment complex shall be subject to fines, warnings and suspension or revocation of permit depending on the number of false alarm dispatches emitted from an alarm system within a twelve (12) month period based upon the following schedule: Number of False Alarm Dispatches Action Taken Fines 1 st On site written notice None 2nd On site written notice & warning letter None 3rd On site written notice & mailed citation $50 (Fine may be waived if user class attended) 4th On site written notice & mailed citation $100 (Mandatory attendance of user class) 5 or more On site written notice of revocation of permit $250 B. In addition, any Person, operating a non-permitted alarm system, whether revoked, suspended or never acquired and whether the alarm proves to be real or false will be subject to a citation and fine per the following schedule: Number of Alarm Dispatches Action Taken Fines 1 st Written notice to register alarm $50 2nd On site written notice $50 3rd On site written notice $100 4th On site written notice $150 5 or more On site written notice $250 For the first such dispatch, the Alarm Administrator shall waive this additional fine for a non-permitted system, unless the system permit has been revoked pursuant to subsection (A) above, if the alarm user applies for a permit within thirty (30) calendar days after such violation. Any subsequent false alarm dispatches will continue to be fined per the schedule in subsection (A), above. C. An alarm user may register for a false alarm user awareness class prior to having any false alarm dispatchers, as a means to educate themselves and help prevent false alarm dispatches. D. Alarm Dispatch Requests, caused by actual criminal offense or with evidence of a criminal attempt, shall not be counted as a false alarm dispatch. E. The Alarm Administrator may reinstate a suspended permit upon receipt of acceptable evidence that the cause has been addressed and appropriate corrective action has been taken as per Section 39-42. Section 14. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-39, which said section shall read as follows: Sec. 39-39. Appeals of determinations and fines. A. An alarm user may appeal the determination of a false alarm dispatch or assessment of a fine to the Code Enforcement Board by filing a written request for hearing setting forth the reasons for the appeal within ten (10) calendar days after receipt of the fine. The filing of a request for an appeal hearing with the Code Enforcement Board stays the assessment of the fine until the Board makes a final decision. B. The Code Enforcement Board shall conduct a formal hearing and consider the evidence by any interested person(s). The Board shall make its decision on the basis of the preponderance of evidence presented at the hearing including, but not limited to, evidence that a false alarm dispatch was caused by a defective part that has been repaired or replaced or that an alarm dispatch request was caused by a criminal offense. The Board shall reserve the right to call upon the respective alarm company to provide a representative in order to verify attempts to correct/not correct a failed system. The Board shall hear the matter within forty-five (45) calendar days after the request for an appeal hearing is filed. The Board shall affirm, reverse or modify the assessment of the fine and/or include attendance at a false alarm awareness class. The decision of the Board is final as to administrative remedies. Section 15. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-40, which said section shall read as follows: Sec. 39-40. Revocation or suspension of permit. A. In addition to suspension or revocation pursuant to Section 39-38, the Alarm Administrator may suspend or revoke an alarm permit if it is determined that: 1 . there is a false statement of a material matter in the application for a permit; or 2. the permit holder has failed to make timely payment of any fee assessed hereunder. B. A Person commits an offense if he operates an alarm system during the period in which his alarm permit is suspended or revoked. C. Unless there is separate indication that there is a crime in progress, the Chief may refuse police response to an alarm dispatch request at an alarm site for which the alarm permit is revoked. D. If the alarm permit is reinstated pursuant to Section 39-42, the Alarm Administrator may revoke the alarm permit if it is determined that two (2) subsequent false alarm dispatches occur within sixty (60) calendar days after the reinstatement date. E. The applicant or alarm user may appeal the decision of the Alarm Administrator to the Code Enforcement Board by filing a written request for a review to the Board setting forth the reasons for the appeal within twenty (20) calendar days after receipt of the notice from the Alarm Administrator. A copy of the request will be sent to the police department for notification and processing. .. Section 16. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-41, which said section shall read as follows: Sec. 39-41. Appeals of permit denial, revocation or suspension. A. If the Alarm Administrator denies the issuance or renewal of a permit, or suspends or revokes a permit, he or she shall send written notice of his action and a statement of the right to an appeal, by certified mail, return receipt requested, to both the applicant for alarm use and the alarm business. The applicant or alarm user may appeal the decision of the Alarm Administrator to the Code Enforcement Board by filing with the City Clerk a written request for a review of the decision, setting forth the reasons for the appeal, within twenty (20) calendar days after receipt of the notice from the Alarm Administrator. An alarm business may submit the request for review on behalf of an alarm user. A copy of the request shall be sent by the alarm user to the police department for notification and processing. Filing of a request for appeal shall stay the action by the Alarm Administrator suspending or revoking a permit until the Board has completed its review. If a request for appeal is not made within the twenty (20) calendar day period, the action of the Alarm Administrator is final. B. The Code Enforcement Board shall conduct a formal hearing and consider the evidence by any interested person(s). The Board shall make its decision on the basis of a preponderance of the evidence presented at the hearing including, but not limited to, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise determined and corrected. The Board reserves the right to summon a representative of the alarm company to verify the above, protecting both the alarm user and the alarm company from any misrepresentation. The Board must hear the appeal within forty-five (45) calendar days after the request for an appeal hearing is filed. The Board shall affirm, reverse, or modify the action of the Alarm Administrator. The decision of the Board is final as to administrative remedies with the City. , . . . .. Section 17. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-42, which said section shan read as fonows: Sec.39-42 Reinstatement. A person whose alarm permit has been revoked may be issued a new permit if the person: 1. submits an updated application, and; 2. pays, or otherwise resolves, all citations and fines, and; 3. submits a notarized certification from an alarm business, that complies with the requirements of this article, stating that the alarm system has been inspected and repaired (if necessary) by the alarm business; and 4. certification that alarm users have been retrained, Section 18. That of the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered section 39-43, which said section shall read as follows: Sec. 39-43. Violations. A Person commits an offense if he violates by commission or omission any provision of this article that imposes upon him a duty or responsibility and is subject to a fine of not more than $500.00 for each offense. Section 19. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 20. 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 shan further be assumed that the City Council ~ 4 would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 21. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days following its adoption by the City Council. However, there will be a one hundred twenty (120) calendar grace period from the effective date ofthis Ordinance to educate users and the alarm industry once the ordinance has been passed during which no fines shall be col1ected. The foregoing Ordinance was moved for adoption by Councilmember /lJ.;./, L) , . The motion was seconded by Councilmember y was as fol1ows: and, upon being put to a vote, the vote Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward 1. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 3rd day of November, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: ~\ By: (!V~-4_../ ~ Chuck Neuberger, Mayor (-/ Qr{1:;th()d~~ Kathry M. O'Halloran, CMC/ AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: .J~ ~~, Rich Stringer, City Atto