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ORDINANCE NO. 94-0-06
AN ORDINANCE REGARDING ALARM SYSTEMS; AMENDING
CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROVISIONS) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA BY CREATING ARTICLE III
(ALARM SYSTEMS), PROVIDING A PURPOSE AND
DEFINITIONS; REQUIRING AN ALARM PERMIT;
PROVIDING FOR THE APPLICATION FOR AN ALARM
PERMIT AND PERMIT ISSUANCE; REQUIRING THE
POSTING OF A DECAL; DECLARING EXCESSIVE FALSE
ALARMS A PUBLIC NUISANCE; PROVIDING FOR
SERVICE CHARGES; PROHIBITING AUTOMATIC
DIALING; PROVIDING REQUIREMENTS FOR ALARM
BUSINESS STAFFING AND IDENTIFICATION;
REGULATING AUDIBLE ALARMS; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. An increasing number of businesses and homes are
utilizing electronic alarm systems for the detection of
unauthorized entry, burglary, fire, or other emergency situations.
2. These alarm systems, while providing a desirable degree
of protection, are subject to signaling false alarms due to
mechanical failure, malfunction, improper installation, or other
negligence of the alarm user that results in the dispatch of police
or fire personnel.
3. The increasing number of false alarms has unreasonably
burdened the emergency service response capability of the City of
Edgewater.
4. Alarm users should be held responsible for false alarms
and the costs associated with the unnecessary dispatch of fire and
police personnel.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. CREATION OF ARTICLE III (ALARM SYSTEMS) OF CHAPTER 12
(OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Article III is created to read as follows:
ARTICLE III.
ALARM SYSTEMS
Section 12-60. Purpose.
The purpose of this Article is to protect the emerqencv
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services of the City from misuse through prohibition and requlation
of certain alarms within the City of Edqewater, Florida.
Section 12-61. Definitions.
For the purpose of this Article, the followinq words and phrases
shall have the meanings ascribed to them in this section:
Alarm:
any device which is used in a building, place or premises
for the detection of unauthorized entry, burqlary, fire, rescue or
any other emerqencv activity and which when activated emits a
sound, siqnal or messaqe to alert others, whether such sound,
siqnal or message is emitted on or off premises or to the central
office of an alarm business.
Alarm business:
any person enqaqed in the business of sellinq,
leasinq, maintaininq, servicing, repairinq, alterinq, replacinq,
movinq, or installing any alarm in or on any buildinq, place or
premises.
Alarm user: any person usinq an alarm or occupvinq or
controllinq any buildinq, place or premises or portion of a
buildinq, place or premises served by an alarm.
False alarm: the activation of an alarm through mechanical
failure, malfunction, improper installation, or other neqliqence of
the alarm user that results in dispatch of police or fire
personnel. False alarms do not include an alarm signal caused bv
violent conditions of nature or other extraordinary circumstances
not subiect to control bv the alarm user.
Person:
any firm, partnership, association, orqanization, bodies
politic and corporate, and any other qroup actinq as a unit, as
well as any individual.
Section 12-62. Alarm permit required.
(a) Effective October 1, 1994, no person shall have an alarm
installed to be operational or use an existinq alarm unless an
alarm permit has been issued bv the City authorizinq the use of
such alarm.
(b) Anv person who does not obtain the required alarm permit
shall be subiect to a fine as established by resolution of the City
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Council. The Citv shall provide the alarm user and the owner of
the real propertv on which the buildinq, place or premises served
bv the alarm is located written notice bv regular mail of the fine.
The notice shall require pavment within thirtv (30) davs of the
date of the notice and shall state that it shall constitute a lien
aqainst the propertv if payment is not received within thirtv (30)
davs.
(c) If pavment is not received within the thirtv dav period,
a lien aqainst the propertv is herebv created in favor of the Citv
in the amount of the fine plus anv recordinq fee, foreclosure
costs, other expenses including attorney's fees and simple interest
at the rate of eiqht (8) percent from the date the lien is filed.
Such lien shall be prior to all other liens on such propertv except
the lien of state, countv and municipal taxes and shall be on a
parity with the lien of such state, countv and municipal taxes.
(d) Such permit shall be in addition to any construction or
buildinq requirements imposed pursuant to Chapter 7 of this Code.
Section 12-63. Application for alarm permit.
(a) An application for an alarm permit shall be filed with
the Citv. The application shall be in such form and shall contain
such information as shall be prescribed from time to time bv the
Citv, but shall contain at least the followinq:
1. Name, address and telephone number of the alarm user.
2. Address and telephone number of the alarm user's
buildinq, place or premises served bv the alarm if
different than that of the alarm user.
3. The name, address and telephone number of the person
or persons in charqe of the building, place or premises
served bv the alarm if different than the alarm user.
4. The name, address and telephone number of the owner
of the real property on which the buildinq, place or
premises served bv the alarm is located if other than the
alarm user.
5. The name, address and telephone number of the person
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installinq the alarm.
6. The name, address and telephone number of the person
monitorinq the alarm.
7. The name, address and telephone number of the person
providinq maintenance and repair service to the alarm.
(b) An amended application shall be filed within ten (10)
days after any chanqe in the information provided in the oriqinal
application.
(c) An alarm permit shall be denied if:
1. The requested information is not supplied on the
application.
2. The requested information in incorrect.
3. Any person listed on the application does not possess
the occupational or requlatory license required to
conduct such activities.
Section 12-64. Permit Issuance.
(a) All alarm permits shall have a term of three (3) years,
such term to begin on October 1 and end on September 30. Any
permit issued after October 1 shall also expire on September 30 of
the third year reqardless of the date of issuance.
(b) No alarm permit shall be transferable or assiqnable or
cover more than one buildinq, place or premises.
Section 12-65. Decal postinq required.
Each alarm permit holder shall be issued a numbered alarm
decal and an expiration date sticker by the City which shall be
displayed in a conspicuous place near the entrance and visible from
the outside of the premises.
It shall be a violation of this
Article for any person to display an expired permit decal.
Section 12-66. Excessive false alarms declared a public nuisance.
(a) No person shall allow, permit, cause or fail to prevent
the emission for any reason of more than three (3) false alarms
within any six month period by any alarm used by him or on property
owned by him.
The emission of more than three (3) false alarms
within any six (6) month period is excessive, constitutes a serious
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public nuisance and shall be subiect to the service charqes
provided for in this Article.
(b) Upon notice to the Police Chief or Fire Chief, an alarm
user shall be qiven a thirty (30) day qrace period from the date
the alarm is installed or a substantial chanqe in the system is
made during which time false alarms will not be counted. Upon the
filinq of an amended application, any response to a buildinq, place
or premises in which the alarm user has chanqed will be considered
a first response.
Section 12-67. Service Charqes.
(a) Pursuant to the provisions of this section, effective May
1, 1994, an alarm user shall be charqed a service fee as
established by resolution of the City Council for response to
excessive false alarms by the Police Department and/or Department
of Fire and Rescue Services.
An initial service fee shall be
established for the first false alarm in excess of three (3) false
alarms in any six (6) month period and an escalatinq fee for the
second, third and each successive false alarm in any six month
period.
(b) The Police Chief in the case of alarms responded to by
the Police Department only and the Fire Chief in the case of alarms
responded to by the Department of Fire and Rescue Services shall
determine whether a false alarm has occurred and the frequency of
such false alarms and reduce such determination to writinq.
(c) The decision of the Police Chief or the Fire Chief may be
appealed by the alarm user to the Code Enforcement Board by filinq
a written notice of appeal with the Secretary of the Code
Enforcement Board within thirty (30) days from the date the
decision was rendered. The Code Enforcement Board shall provide an
opportuni ty to appear, be heard and to present testimony or
evidence. Upon hearinq all testimony and evidence, the Board shall
determine whether the alarm was activated through mechanical
failure, malfunction, improper installation, or other neqliqence of
the alarm user or was caused by violent conditions of nature or
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other extraordinary circumstances not subiect to control by the
alarm user. The Board shall inform the alarm user of it decision
at the meetinq.
(d) The City shall provide the alarm user and the owner of
the real property on which the buildinq, place or premises served
by the alarm is located with written notice by reqular mail of the
amount of any service charge owed to the City. The notice shall
require payment within thirty (30) days of the date of the notice
and shall state that it shall constitute a lien aqainst the
property if payment is not received within thirty days.
(e) If payment is not received within the thirty day period,
a lien aqainst the property is hereby created in favor of the City
in the amount of the service charge owed plus any recordinq fee,
foreclosure costs, other expenses includinq attorney's fees and
simple interest at the rate of eiqht (8) percent from the date the
lien is filed. Such lien shall be prior to all other liens on such
property except the lien of state, county and municipal taxes and
shall be on a parity with the lien of such state, county and
municipal taxes.
Section 12-68. Automatic dialing prohibited: requirements for alarm
business staffing and identification.
(a) No automatic dialing device shall be interconnected to
any primary or trunk line at the Police Department or Department of
Fire and Rescue Services unless approved by the Police or Fire
Chief, respectivelY.
(b) No person shall provide an alarm system proqrammed to a
central alarm reception office unless the central office is staffed
twenty-four (24) hours a day, including holidays.
(c) Any employee of an alarm service reportinq an alarm
activation to which police and or fire/rescue response is requested
shall identify himself by name and state the name and telephone
number of the alarm business requestinq such response.
Section 12-69. Audible alarms
All alarm sounders which may be heard in any public place
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shall be equipped and maintained to automatically cut off after no
longer than thirty (30) minutes except for fire alarms and other
alarms required by law to sound lonqer.
Section 12-70. Exemptions.
This Article shall not apply to alarms attached to motor
vehicles or to any alarm system located in a buildinq, place or
premises occupied by an aqency of federal, state, county or
municipal qovernment.
Section 12-71. Alternative Enforcement Procedure.
The procedures set forth in this Article shall be supplemental
to other procedures established by the City for the enforcement of
its codes.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance s hall be incorporated in the
Code of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to " section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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PART F. ADOPTION.
After Motion by Councilman Mitchum and Second by
Councilman Jones, the vote on the first reading of this ordinance
held on March 7, 1994, was as follows:
Mayor Jack H. Hayman, Sr. Aye
Councilman Kirk Jones Aye
Councilwoman Louise A. Martin Aye
Councilman Mike Hays Aye
Councilman David L. Mitchum Aye
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. Aye
Councilman Kirk Jones Aye
Councilwoman Louise A. Martin Aye
Councilman Mike Hays Aye
Councilman David L. Mitchum Aye
PASSED AND DULY ADOPTED this 21st day of March, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayup n, Sr.
Mayor it
APPROVED //FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
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