24-004 1 ORDINANCE NO. 24-004
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 23, "ALARM SYSTEMS," TO CLARIFY FIRE
5 DEPARTMENT FEES FOR RESPONDING TO EXCESSIVE FALSE
6 ALARMS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT,
7 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
8
9 WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution, and Chapter
10 166,Florida Statutes,the City of Boynton Beach,Florida,is authorized to protect the health,safety,
11 and welfare of its residents and has the power and authority to enact ordinances and regulations
12 for valid governmental purposes that are not inconsistent with general or special law; and
13 WHEREAS,the City's Police and Fire Departments respond to several hundred burglary,
14 robbery, or fire alarms annually, of which only a small percentage are found to be valid; and
15 WHEREAS, the City Commission fmds that responding to alarm calls is both costly to
16 the City and potentially dangerous to the public; and
17 WHEREAS, since the majority of alarm calls have historically been false alarms,the City
18 Commission finds and determines that alarms need to be regulated by the City,including imposing
19 a penalty for excessive false alarms; and
20 WHEREAS,the City Commission seeks to clarify and strengthen the regulation of alarm
21 systems within the City and in its response area in order to better serve the residents of the City
22 through more efficient use of law enforcement and fire/rescue services; and
23 WHEREAS, the City Commission wishes to approve the amendments to Chapter 2.5,
24 "Alarms Systems" to clarify the fee for responding to excessive false alarms by the Fire
25 Department.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH,FLORIDA, THAT:
28 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby incorporated herein and made a part hereof.
30 Section 2. Chapter 2.5, entitled"Alarm Systems"of the Code of Ordinances, is hereby
31 amended to read as follows:
32 Sec. 2.5-13. False alarm response service fee; collection.
33 (a) For response to excessive false alarms by the police department, the alarm user shall
34 be charged a service fee by the City as follows:
35 1st false alarm in a fiscal year of October 1 through September 30 No charge
36 2nd false alarm in a fiscal year of October 1 through September 30 No charge
37 3rd false alarm in a fiscal year of October 1 through September 30 No charge
38 4th false alarm in a fiscal year of October 1 through September 30 $75 for residential;
39 $200 for commercial
40 5th false alarm in a fiscal year of October 1 through September 30 $100 for residential;
41 $500 for commercial
42 6th false alarm in a fiscal year of October 1 through September 30 $150 for residential;
43 $750 for commercial
44 7th and successive false alarm in a fiscal year of October 1 through September 30 $200
45 for residential; $1,000 for commercial.
46 Example:A residence with nine(9)false alarms within a fiscal year of October 1 through
47 September 30 would be calculated as follows:
48 1st $0
49 2nd $0
50 3rd $0
51 4th $75
52 5th $100
53 6th $150
54 7th $200
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55 8th $200
56 9th $200
57 $925 Total
58 (b)For a response to excessive false alarms by the fire department,the alarm user shall be
59 charged a service fee by the City as adopted by the City Commission by resolution from
60 time to time. A copy of the fire department false alarm fee schedule shall be filed with the
61 City Clerk.
62 (b (c)The Chief of Police or his/her designee shall determine whether a false burglar alarm
63 has occurred and the frequency of such false alarms. The city shall notify alarm users of
64 amounts owed to the city and shall make demand therefor, pursuant to the provisions of
65 this section. The Fire Marshal or his/her designee shall determine whether a false fire or
66 medical alarm has occurred and the frequency of such alarms.
67 (c) (d) Proof of alarm repair on the date of the false alarm can result in the fine being
68 reduced or waived,if approved by the Fire Marshal or the Chief of Police or their designees.
69 (€1) (e) The city attorney may proceed by a suit in a court of competent jurisdiction to
70 collect said charge after demand therefor has been made by the city and the payment thereof
71 refused by the alarm user.
72 Section 3. It is the intention of the City Commission of the City of Boynton Beach,and
73 it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
74 Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance
75 may be renumbered,re-lettered and the word"Ordinance"maybe changed to"Section,""Article,"
76 or such other word or phrase in order to accomplish such intention.
77 Section 4. If any clause, section, or other part of this Ordinance shall be held by any
78 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
79 part shall be considered eliminated and in no way affect the validity of the other provisions of this
80 Ordinance.
81 Section 5. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions
82 in conflict herewith,be and the same are repealed to the extent of such conflict.
83 Section 6. This Ordinance shall become effective on passage.
84
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•
85 FIRST READING this 6th day of February 2024.
86 SECOND,FINAL READING AND PASSAGE this 20th day of February, 2024.
87
88 CITY OF BOYNTON BEACH, FLORIDA
89
90 YES NO
91 Mayor—Ty Penserga
92
93 Vice Mayor—Thomas Turkin
94 /
95 Commissioner-Angela Cruz
96
97 Commissioner—Woodrow L. Hay ✓
98 /
99 Commissioner—Aimee Kelley ✓
100
101 VOTE _—(7
102
103 A 'TE ,T: sA
104 ( /
105 `/ t;Tow '' •f /__�G
106 Maylee IP e -..us, MP , MMC Ty Pe -r:
107 City Clerk Mayor
108
109 APPROVED AS TO FORM:
110 (Corporate Seal)
111J
112 4 ��
113 Shawna G. Lamb
114 City Attorney
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