2014-O-16 ORDINANCE NO. 2014-0-16
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE III (ALARM
SYSTEMS) OF THE CODE OF ORDINANCES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION,AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 12 (Offenses and Miscellaneous Provisions) has been amended from time
to time for consistency with current state laws and codes.
2. Article III (Alarm Systems) will now exclude the need to renew alarm registration
decals each year and clean up language that is no longer necessary due to changes in technology.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater.
Florida:
PART A. AMEND CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE III (ALARM
SYSTEMS) OF THE CODE OF ORDINANCES FOR THE
CITY OF EDGEWATER,FLORIDA.
Chapter 12 (Offenses and Miscellaneous Provisions),Article III (Alarm Systems),
Code of Ordinances, City of Edgewater, Florida is hereby amended as set forth in
Exhibit"A", which is attached hereto and incorporated herein.
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ordinance,are hereby superseded by this ordinance to the extent of such conflict.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 by a court of competent jurisdiction, such holding shall not affect the
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remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person,property,or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall 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 re-lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington_and Second by Councilman
Emter,the vote on the first reading of this ordinance held on July 21,2014,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
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After Motion to approve by C.C3U-PLA.,1203 ('JkOA and Second by
► __ i x.11 It the vote on the second reading/public
•
hearing of this ordinance held on August 18, 2014,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak -
Councilman Gene Emter
PASSED AND DULY ADOPTED this 18th day of August, 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDG -W• E'• FL I.' ;A
\, I 4 %
Q By:
Bonnie Wenzel 'ke Thomas
'City Clerk Mayor
t. 1`� '' J1 / � x1
I Robin L.Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the
Florida. Approved as to form and legality by: City of Edgewater at a meeting held
Aaron R. Wolfe, Esquire on this 18th day of August, 2014 under
City Attorney Agenda Item No. 8k) .
Doran,Sims,Wolfe,Kundid,
Ciocchetti&Wagner
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EXHIBIT"A"
CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS)
ARTICLE HI (ALARM SYSTEMS)
Sec. 12-60. Purpose.
The purpose of this article is to protect the emergency services of the city from
misuse through prohibition and regulation of certain alarms within the city.
Sec. 12-61. Definitions.
For the purpose of this article, the following words and phrases shall have the
meanings ascribed to them in this section:
Alarm means any device which is used in a building, place or premises for the
detection of unauthorized entry, burglary, fire, rescue or any other emergency activity
and which when activated emits a sound, signal or message to alert others, whether such
sound, signal or message is emitted on or off premises or to the central office of an alarm
business.
Alarm business means any person engaged in the business of selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm in
or on any building,place or premises.
Alarm user means any person using an alarm or occupying or controlling any
building, place or premises or portion of a building, place or premises served by an alarm.
False alarm means the activation of an alarm through mechanical failure,
malfunction, improper installation, or other negligence of the alarm user that results in
dispatch of police or fire personnel. False alarms do not include an alarm signal caused
by violent conditions of nature or other extraordinary circumstances not subject to control
by the alarm user.
Person means any firm, partnership, association, organization, bodies politic and
corporate, and any other group acting as a unit, as well as any individual.
Sec. 12-62.Alarm registration required.
a. Effective October 1, 1994, no person shall have an alarm installed to be
operational or use an existing alarm unless an alarm registration has been
issued by the city authorizing the use of such alarm.
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b. Any person who does not obtain the required alarm registration within 30 days
of installation and/or activation shall be subject to a fine as established by
resolution of the city council. The city shall provide the alarm user and the
owner of the real property on which the building, place or premises served by
the alarm is located written notice by regular mail of the fine. The notice shall
require payment within 30 days of the date of the notice and shall state that it
shall constitute a lien against the property if payment is not received within 30
days.
c. If payment is not received within the thirty-day period, a lien against the
property is hereby created in favor of the city in the amount of the fine plus
any recording fee, foreclosure costs, other expenses including attorney's fees
and simple interest at the rate of eight 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.
d. Such registration shall be in addition to any construction or building
requirements imposed pursuant to chapter 7.
Sec. 12-63. Application for alarm registration.
a. An application for an alarm registration shall be filed with the city. The application
shall be in such form and shall contain such information as shall be prescribed from
time to time by the city, but shall contain at least the following:
I. Name, address and telephone number of the alarm user.
2. Address of the alam-userls building, place or premises
served by the alarm S - _ - - .. . . . . • - .
3. The name,address and telephone number of the person or persons in charge of
the building, place or premises served by 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 building, place or premises served by the alarm is located if other
than the alarm user.
Building p .. it.. mbe.
b. An amended application shall be filed within ten days after any change in the
information provided in the original application.
c. An alarm registration shall be denied if:
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I.The requested information is not supplied on the application.
2.The requested information is incorrect.
Sec. 12-64. Registration issuance.
.. . . ..
No alarm registration shall cover more than one building, place or premises.
Sec. 12-65. Decal posting required.
Each alarm registration holder shall be issued a numbered alarm decal and an
by the city which shall be displayed in a conspicuous place near
the entrance and visible from the outside of the premises. •_ _
Sec. 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 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 false alarms within
any six-month period is excessive, constitutes a serious public nuisance and shall be
subject to the service charges provided for in this article.
b. Upon notice to the police chief or fire chief, an alarm user shall be given a 30-day
grace period from the date the alarm is installed or a substantial change in the system
is made during which time false alarms will not be counted. Upon the filing of an
amended application, any response to a building, place or premises in which the
alarm user has changed will be considered a first response.
Sec. 12-67. Service charges.
a. Pursuant to the provisions of this section, effective May 1, 1994,an alarm user
shall be charged 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
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established for the first false alarm in excess of three false alarms in any six-
month period and an escalating 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
writing.
c. The decision of the police chief or the fire chief may be appealed by the alarm
user to the code enforcement board by filing a written notice of appeal with
the secretary of the code enforcement board within 30 days from the date the
decision was rendered. The code enforcement board shall provide an
opportunity to appear, be heard and to present testimony or evidence. Upon
hearing all testimony and evidence, the board shall determine whether the
alarm was activated through mechanical failure, malfunction, improper
installation, or other negligence of the alarm user or was caused by violent
conditions of nature or other extraordinary circumstances not subject to
control by the alarm user.The board shall inform the alarm user of its decision
at the meeting.
d. The city shall provide the alarm user and the owner of the real property on
which the building, place or premises served by the alarm is located with
written notice by regular mail of the amount of any service charge owed to the
city. The notice shall require payment within 30 days of the date of the notice
and shall state that it shall constitute a lien against the property if payment is
not received within 30 days.
e. If payment is not received within the 30-day period, a lien against the property
is hereby created in favor of the city in the amount of the service charge owed
plus any recording fee, foreclosure costs, other expenses including attorney's
fees and simple interest at the rate of eight 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.
Sec. 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.
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b. No person shall provide an alarm system programmed to a central alarm
reception office unless the central office is staffed 24 hours a day, including
holidays.
c. Any employee of an alarm service reporting 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 requesting
such response.
Sec. 12-69.Audible alarms.
All alarm soundefs which may be heard in any public place shall be equipped and
maintained to automatically cut off after no longer than 30 minutes except for fire alarms
and other alarms required by law to sound longer.
Sec. 12-70.Exemptions.
This article shall not apply to alarms attached to motor vehicles or to any alarm
system located in a building, place or premises occupied by an agency of federal, state,
county or municipal government or any medical alert device.
Sec. 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.
Secs. 12-72-12-74.Reserved.
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