boynton02½ Chapter 2.5
ALARM SYSTEMS*
*Editor's note-Ord. No. 88-36, §§ 1—16, adopted July 19, 1988, did not specify manner of codification; hence, such provisions have been designated as Ch. 2.5, §§ 2.5-1—2.5-16, by the
editor.
Sec. 2.5-1. Short title.
This chapter shall be known and cited as the “Burglar and Fire Alarm Ordinance.” (Ord. No. 88-36, § 1, 7-19-88)
Sec. 2.5-2. Definitions.
For the purpose of this chapter, whenever any of the following words or terms are used herein, they shall have the meanings ascribed to them in this section:
Alarm: Any device which is used in a building or premises for the detection of fire, medical alerts, unauthorized entry, burglary or any other criminal activity, and which when activated
emits a sound, signal or message to alert others, whether emitted on or off the premises or to the central office of an alarm business.
Alarm business: Any person engaged in the business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm for any building,
place or premises.
Alarm user: Any person using an alarm or occupying and controlling a premises or building, or a portion of a premises or building, served by an alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other sounding device that can be heard for fifty (50) feet or more beyond the protected premises.
Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity, fire, or the need for emergency medical response and
includes alarms activated solely by an act of nature not contributed to by faulty design, maintenance, installation or use.
False alarms: All activated alarms, responded to by the police and/or fire department, which do not qualify as class “A” alarms, including but not limited to alarms activated through
inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and excessive vibrations or power failure.
Government: Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation, apartment complex, condominium association,
or any business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by and upon which is installed an emergency alarm or alarm system. (Ord. No. 88-36, § 2, 7-19-88;
Ord. No. 90-43, § 1, 9-18-90; Ord. No. 98-46, § 1, 12-1-98)
Sec. 2.5-3. Alarm operating permit required.
No person shall have an alarm installed to be operational, or use an existing alarm serving a premises, or a building, or portion thereof, occupied or controlled by such person, unless
an alarm operating permit in the form of a decal has been issued hereunder, and is in force, authorizing the use of such alarm. Such alarm operating permit shall constitute a regulatory
license. For any alarm existing prior to the effective date of this chapter an alarm operating permit application shall be made within sixty (60) days of the effective date hereof. A
person with an installed alarm system without a permit from the city shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation
to make application for a permit.
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If application for a permit is not made within ten (10) days of the notice of violation the person shall be in violation of this section. (Ord. No. 88-36, § 3, 7-19-88; Ord. No. 90-43,
§ 2, 9-18-90; Ord. No. 92-5, § 1, 3-3-92; Ord. No. 94-29, § 1, 9-9-94)
Sec. 2.5-4. Application for permit.
(a) Application for an alarm operating permit for the operation of an alarm system shall be made by a person having control over the property on which the alarm system is to be operated.
Such application shall be made in writing to the building official on a form designated by the city for that purpose. On such application, the applicant shall set forth:
(1) The name, address and telephone number of each person in control of the property.
(2) The street address of the property on which the alarm system is to be or has been installed and operated.
(3) Any business name used for the premises on which the alarm-system is to be installed and operated.
(4) Whether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, fire, hold-up or of other type
of emergency.
(5) The name of the person or alarm system business who will install the alarm system.
(6) The names and telephone numbers of two (2) persons which are able to and have agreed as follows:
a. To receive notification of alarm activation at any time;
b. To arrive at the alarm site within one (1) hour after receiving a request from a member of the communications center, police department or fire department to do so; and
c. To grant access to the alarm site and to deactivate the alarm system if such
becomes necessary; or
The name and telephone number of an alarm system business which is able and has agreed to provide as fo
llows:
d. The names of two (2) persons listed with that company who are able to arrive within one (1) hou
r after receiving a request from a member of the communications division, police department or fire depart
ment to do so, and to grant access to the alarm site and to deactivate the alarm system if necessary.
e. W
hen necessary, the permit holder shall give the alarm system business the name and telephone number of ano
ther person who is able and is willing to perform the above described duties so that at least two (2) pers
ons are listed with the alarm system business at all times.
f. The person having control over the property
has authorized the alarm system business to provide the names listed with that business pursuant to subsec
tions d and e above to the police and/or fire department or the communications center whenever that depart
ment(s) or the communications center has requested that information in order to obtain assistance after an
alarm has been activated.
(b) Immediately after receipt of the alarm operating permit application, the building official or his designee, shall forward a copy of the application to the communications division.
(Ord. No. 88-36 § 4, 7-19-88; Ord. No. 91-6, § 1, 2-19-91)
Sec. 2.5-5. Term of permit; fee;
nontransferable.
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each alarm operating permit issued, to defray the cost of regulation. Successive renewal fees
shall not be required of a residential or commercial permit holder
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except as provided in subsection (b).
(b) Term and renewal. An alarm operating permit shall have an indefinite term from date of issuance; provided however, the term shall expire and the permit [shall be] deemed invalid
with any change in ownership of residential or commercial property to which the permit is assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit.
(1) An alarm permit holder is required to notify the city within seven (7) days of any change of alarm permit registration information.
(2) Any change in ownership of residential or commercial property to which an alarm permit is assigned shall require a new registration application and a fee of thirty dollars ($30.00).
(c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall not be transferable or assignable and shall cover only one (1) building or premises or portion
thereof. (Ord. No. 88-36; § 5, 7-19-88; Ord. No. 90-43, § 3, 9-18-90; Ord. No. 90-59, § 1, 12-18-90)
Sec. 2.5-6. Issuance of alarm operating permit.
An alarm permit will be issued by the building official upon receipt of said completed application, and the building official or his designee may inspect the alarm equipment and planned
installation and may require the submission of additional and specific information.
An alarm operating permit shall be denied if:
(a) The requested information is not supplied on the application or such additional information as required [is not furnished.]
(b) Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section 2.5-4 of this chapter does not
possess any required occupational or regulatory license to conduct the activities required by said items (a)(4), (5) and (6), unless the perso
n or entity is the alarm user.
(d) if the equipment is found to be inferior and not capable of proper perf
ormance. (Ord. No. 88-36, § 6, 7-19-88; Ord. No. 90-43, § 4, 9-18-90)
Sec. 2.5-7. Decal required.
Each alarm operating permit holder shall be issued an alarm decal by the building official. Said decal shall be displayed at the main entry or a conspicuous place visible at the front
of the premises of all business, commercial establishments, and residential premises, covered by said permit. (Ord. No. 88-36, § 7, 7-19-88; Ord. No. 90-43, § 5, 9-18-90)
Sec. 2.5-8. Duties of property owner.
For the purpose of this chapter, both the owner and lessee of an office or commercial premises shall be considered to be the owners of the premises and shall be held jointly and severally
responsible for the registration of the alarm system and liable to the city for all service fees charged for false alarms. The owner of an apartment complex or multifamily residence
is responsible for the registration of all alarm systems and shall be liable to the city for service fees charged for false alarms.
The person in control of the property on which an alarm system is installed shall:
(a) Ens
ure that any person listed with the city is able:
(1) To receive notification at any time;
(2) To come to
the alarm site within one (1) hour after receiving a request from a member of the police department, fire
department or communications department to do so; and
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(3) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary.
(4) To inspect the alarm system after each activation to ensure proper operation.
(b) Train all persons who may activate the alarm system in the proper operation of the alarm system.
(c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police department or fire department shall indicate on their false alarm report the failure to
respond. The finance department shall be responsible for assessing the fifty dollar ($50.00) fine.
(d) Notify the city within thirty (30) days of any changes of information contained on the original application.
(e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance will not occur. (Ord. No. 88-36, § 8, 7-19-88; Ord. No. 90-43, § 6, 9-18-90)
Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
Any person who is notified by any member of the communications division, police department or fire department of the activation of an alarm system and who is able to give access to
the alarm site shall come to the alarm site within one (1) hour of the time such person is notified of such activation and shall provide the police and/or fire department any necessary
access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes
and/or state statutes shall be exempt from deactivating the alarm.
(Ord. No. 88-36, § 9, 7-19-88; Ord. No. 90-43, § 7, 9-18-90; Ord. No. 98-46, § 2, 12-1-98)
Sec. 2.5-10. Operation of system.
No person shall install, cause to be installed or permit to be installed any alarm system unless the requirements of this section are met.
(a) Any alarm system which may be activated
as a result of different types of emergency situations shall give a unique signal to designate activation
as a result of a hold-up, a burglary, a fire, or any other different type of emergency situation so that
the proper notification and proper response can be made.
(b) Any local alarm system shall have a twenty-mi
nute shutoff and must not make a sound similar to that of a siren, an emergency vehicle or a civil defense
warning system. For purposes of this subsection any alarm system which emits any variable tone (as oppose
d to a steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound wh
ich is similar to that of a siren, an emergency vehicle or a civil defense warning system.
(c) Any hold-up
alarm shall be designed so that it may be activated only by intentional and deliberate human action; and
any owner found in violation of subsection (a), (b) or (c) shall be fined fifty dollars ($50.00).
(d) The
police department shall indicate any violation of subsection (a), (b) or (c) on the alarm report and code
enforcement division shall be responsible to take the appropriate action by issuing a notice of violation
of this section. The owner of the alarm system will have ten (10) days from the date of the notice of viol
ation to correct the violation. If the violation is not corrected within ten (10) days, the owner shall be
fined fifty dollars ($50.00). Code enforcement shall notify the finance department to mail the notice of
fine (invoice) if the violation is not corrected. If the fine is not paid within ten
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(10) days the alarm owner will be in violation of section 2-17 of this chapter.
(e) The city may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to the communications division
of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any alarm system business or telephone answering service requesting
same.
(f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on their alarm report. The Fire and Life Safety Division shall be responsible to take the appropriate
action by issuing a notice of violation of this section. The owner of the alarm system will have ten days from the date of the notice of violation to correct the violation. If the
violation is not corrected within ten days, the owner shall be fined $50. The Fire and Life Safety Division shall notify the Finance Department to mail the notice of fine if the violation
is not corrected. If the fine is not paid within ten days, the alarm owner will be in violation of Sec. 2.5-17 of this chapter.
(Ord. No. 88-36, § 10, 7-19-88; Ord. No. 90-43, § 8, 9-18-90; Ord. No. 98-46, § 3, 12-1-98)
Sec. 2.5-11. False alarms prohibited; exceptions.
No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice.
The owner or person responsible for testing a fire, burglary or emergency alarm system shall be required to notify the communications division a minimum of one (1) hour prior to the
alarm system test. It shall then be an affirmative defense to prosecution under this section that the alarm system sounded solely for the purpose of testing the alarm, and the person
who tested the alarm took reasonable precautions to avoid
any request being made to the police department or fire department to respond to such alarm. (Ord. No. 88-36, § 11, 7-19-88; Ord. No. 90-43, § 9, 9-18-90)
Sec. 2.5-12. Excessive false alarms declared a
public nuisance; exceptions.
(a) The emission of more than three (3) false alarms within any twelve-month period of time is excessive and constitutes a serious nuisance, and is hereby declared to be unlawful and
a violation of this section. No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm used by such person, or any alarm serving a premises or
a building occupied and controlled by such person, of more than three (3) false alarms within any twelve-month period of time.
(b) All new property permitted alarm systems shall be exempt from the application of this section for the first three (3) months from the date of initial installation.
(c) Occupancies with multiple alarm zones or apartment complexes with multiple alarm systems, all maintained by the same company, may be declared nuisance alarms by the Fire Marshal
and shall be assessed a false alarm fee.
(Ord. No. 88-36, § 12, 7-19-88; Ord. No. 89-6, § 1, 4-4-89; Ord. No. 90-43, § 10, 9-18-90; Ord. No. 91-64, § 2, 9-19-91; Ord. No. 98-46, § 4, 12-1-98)
Sec. 2.5-13. False alarm response service fee;
collection.
For response to excessive false alarms by the police department, the alarm user shall be charged a service fee by the City as follows:
Four (4)
false alarms in any twelve-
month period $ 25.00
Five (5) false alarms in any twelve-
month period 50.00
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Six (6) false alarms in any twelve-
month period 100.00
Each successive false alarm, after
six (6), in any twelve-month
period 100.00
The chief of police or his/her designee, shall determine whether a false burglar alarm has occurred and the frequency of such false alarms. The city shall notify alarm users of amounts
owed to the city and shall make demand therefor, pursuant to the provisions of this section.
The Fire Marshal shall determine whether a false fire or medical alarm has occurred and the frequency of such alarms. The Fire Rescue Department shall notify alarm users of the amount
owned to the city and shall make demand therefore pursuant to the following provisions:
(a) A fine of $100 will be issued for every false alarm over the third false alarm in any calendar year.
(b) Proof of alarm repair on the date of the false alarm can result in the fine being reduced to $25 if approved by the Fire Marshal.
The Fire and Life Safety Division will bill and maintain records for all fire and medical false alarms.
The city attorney may proceed by a suit in a court of competent jurisdiction to collect said charge after demand therefor has been made by the city and the payment thereof refused by
the alarm user.
(Ord. No. 88-36, § 13, 7-19-88; Ord. No. 90-43, § 11, 9-18-90; Ord. No. 98-46, § 5, 12-1-98)
Sec. 2.5-14. Interference with city telephone trunk lines prohibited; alarm business central office required; identification required.
(a) No person shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the communications center,
police department,
fire department or any other department or bureau of the city, and then reproduces any prerecorded message to report any burglary, unauthorized entry or other emergency.
(b) No person shall provide a private alarm service system programmed to a central alarm reception office unless it shall have the central office staffed at all times, twenty-four (24)
hours a day, including holidays.
(c) Any staff member of a private alarm service system reporting an alarm activation to which police department and/or fire department response is requested shall identify himself and
state the name and telephone number of the alarm business by which such response is requested.
(d) The request for response shall include the name, telephone number, and zone, if applicable, of the alarm activation.
(Ord. No. 88-36, § 14, 7-19-88; Ord. No. 98-46, § 6, 12-1-98)
Sec. 2.5-15. Audible alarms.
All alarms which may be heard in any public place shall be equipped and maintained to automatically cut off no longer than twenty (20) minutes after being set off. (Ord. No. 88-36,
§ 15, 7-19-88; Ord. No. 91-64, § 3, 9-19-91)
Sec. 2.5-16. Enforcement through codes
enforcement board.
The building official, police chief, fire chief or their designees may initiate action before the codes enforcement board of the city to obtain compliance with this chapter and payment
of service charges assessed by the city pursuant to section 2.5-13. The board shall have the authority to place a lien against the property served by a burglar and/or fire alarm in the
amount of all assessed service charges. (Ord. No. 88-36, § 16, 7-19-88; Ord. No. 90-43, § 12, 9-18-90; Ord. No. 92-5, § 2, 3-3-92; Ord. No. 94-29, § 2, 9-9-94)
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Sec. 2.5-17. Service charge, fines; failure to pay.
The owner of an alarm system in violation of a specified section of this chapter shall have ten (10) days from the date of the violation notice to pay the service charge and/or fine.
(a) If the owner fails to pay the service charge or fine within ten (10) days the city shall notify the owner or person in charge of the alarm system by certified mail that the payment
is past due in violation of this section and demand that payment be made within ten (10) days of the date of the demand for payment letter.
(b) If the owner or person in charge of the alarm system fails to pay the past due amount within ten (10) days, the city attorney may proceed by a suit in a court of competent jurisdiction
to collect said unpaid service charges and/or fines from an alarm system owner, and the city attorney shall have the authority to place a lien against the property served by a burglar
and/or fire alarm in the amount of all assessed service charges and/or fines.
(c) The owner of the alarm system and/or the premises the alarm system serves shall be responsible for all costs incurred in collecting the service fee including attorney's fees.
(Ord. No. 90-43, § 13, 9-18-90; Ord. No. 92-5, § 3, 3-3-92; Ord. No. 97-03, § 1, 2-18-97)
Sec. 2.5-18. Departmental review of contested fees.
(a) Alarm users wishing to contest a false alarm response service fee shall provide to the police or fire rescue department, within thirty (30) days of imposition of the fee, a written
explanation detailing reasons that the false alarm response service fee should be reduced or waived.
(b) The chiefs of the police department and the fire rescue and life safety department shall each designate a member of their respective departments to process, review and make a written
recommendation to the department chief on each case contesting a false alarm response service fee.
(c) The chief of each department shall review the recommendation and may reduce, remove, or leave unchanged the false alarm response service charge imposed pursuant to section 2.5-13.
The decision of the chief of the respective department shall be the final decision of the city. (Ord. No. 98-17, § 1, 6-16-98)
Sec. 2.5-19. Failure to notify.
No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm system without a prior one hour notice of intent to the City of Boynton Beach Emergency
Dispatch Center. All reasonable precautions to avoid the transmission of false alarms shall be made. Failure to notify one hour prior to the transmission of a false alarm shall result
in a fine of $50, payable by the alarm business.
(a) If the alarm business fails to pay the fine within ten days, the alarm business shall be notified via certified mail of their right to request a hearing before a three-person board
which shall be composed of the City Manager, the Director of Public Works/Engineer and the Director of Development, or their designees, which hearing shall be held within ten days of
the date of the appeal to the City Manager.
(b) The decision of the Board shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court.
(c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm business in the City of Boynton Beach will register with the Fire and Life Safety Division of
the Boynton Beach Fire Rescue Department.
(d) All alarm businesses will notify the Fire and Life Safety Division of any alteration, deletion, removal of service, or other operating problems of fire and medical alarm systems
in the City of Boynton Beach.
(Ord. No. 98-46, § 7, 12-1-98)
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Sec. 2.5-20. Alarm business responsibility.
An alarm company conducting fire alarm business within the city shall adhere to all requirements of all applicable NFPA Standards. Failure to comply with this section of the code,
as determined by the Fire Marshal, shall result in a fine of $100. Fines shall be paid according to the guidelines in Sec. 2.5-19 (a) and (b).
(Ord. No. 98-46, § 8, 12-1-98)
Sec. 2.5-21. Damage to property.
The City of Boynton Beach shall not be financially responsible for any property damage caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be solely
responsible for any damages that occur while attempting to verify the cause for the alarm activation.
(Ord. No. 98-46, § 9, 12-1-98)
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