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O90-43ORDINANCE NO. 90-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, BY AMENDING SECTION 2.5-2 DEFINITIONS; SECTION 2.5-3. ALARM OPERATING PERMIT REQUIRED; SECTION 2.5-5 TERM OF PERMIT FEE. NONTRANSFERRABLE; SECTION 2.5-6 ISSUANCE OF ALARM OPERATING PERMIT; SECTION 2.5-7 DECAL REQUIRED; SECTION 2.5-8 DUTIES OF PROPERTY OWNER; SECTION 2.5~9 DUTIES OF PERSON NOTIFIED; SECTION 2.5-10 OPERATION OF ALARM SYSTEM; SECTION 2.5-11 FALSE ALARMS PROHIBITED; SECTION SECTION 2.5-12. EXCESSIVE FALSE ALARMS DECLARED A PUBLIC NUISANCE; EXCEPTIONS. SECTION 2.5-13 FALSE ALARM SERVICE CHARGE; COLLECTION; SECTION 2.5-16 ENFORCEMENT BY CODE ENFORCEMENT BOARD; BY CREATING A NEW SECTION 2.5-17 SERVICE CHARGE, FINES; FAILURE TO PAY; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Section 2.5-1 is hereby amended by adding the words and figures in underlined type and deleting the words and figures in struck-through type, as Sec. 2.5-1 Definitions. E. Audible Alarm: An alarm that sounds follows: a warninq bell, buzzer, or other sounding device that can be heard for 50 feet or more beyond the protected premises. R.F_~. False alarms: All activated alarms, by the Police and/or Fire Department, which do as class activated testing, responded to not qualify "A" alarms, including but not limited to alarms alarm and through inadvertence, neglect, accident, and faulty installation or maintenance, excessive vibrations or power failure. F.G_~. Person: -An-~nd~v~ua~7-par%nersh~p7 -association ~r-e~po~at~on= Shall mean any natural person, individual or any firm, partnership, association, limited partnership, 1 sole proprietorship, corporation, apartment complex, condominium association, or any business entity whatsoever. H__. 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. I. Government. Any direct agency of any Federal, ~tate, County, or City Government including schools and in the U.S. Postal Service. Section 2. That Section 2.5-3 shall be amended by ~dding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 2.5-3. Alarm operating permit required. No person shall have an alarm installed to be operation, 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 ~u~y ~97 -~988~ 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 in violation of this. section and shall be fined Fifty ($50.00) Dollars. Section 3. Section 2.5-5 Term of Non-Transferable. shall be amended to read as Permit Fee follows: An alarm operating permit shall have a term of one year from the date of issuance said term to begin October 1, and end September 30. Any alarm operating permit issued after October 1, will be valid through September 30, next following. Any alarm operating permit issued prior to 10/1/89 shall be valid through 9/30/90 A Thirty ($30.00) Dollar fee shall be charged the alarm user by the City' for each alarm operating permit issued, including successive renewal permits to defray the cost of regulation. 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. Section 4. That Section 2.5-6. Issuance of alarm operating permit, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 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 the need to fuz~ish additional information as required. (b) Material information on the application is incorrect. (c) Any person or entity listed on under items (a) (4), (5) and (6) the application of Section 2.5-4 not possess any of this 8~d~nanee Chapter does required occupational or regulatory license to conduct the activities required by said items (a) (4), (5) and (6), unless the person or entity is the alarm user. (d) If the equipment is founded to be inferior and not capable of proper performance. Section 5. That Section 2.5-7. Decal required hereby amended by adding the words and figures in underlined 3 type and by deleting the words and figures in struck-through type, as follows: Section 2.5-7. Decal required. Each alarm operating permit holder shall be issued an alarm decal by the Building Official. Said decal shall be ~isplayed at the main entry or a conspicuous place visible to a__t the ~u~s~de front of the premises of all business~ o~ commercial establishments, and residential premises, covered by said permit. -B~sp~ay -o~ -akarm -operating -pe~m~ -~s opt~ona~-~or-~es~den~a~-un~ts-covere~-by-sa~-perm~tv Section 6. That Section 2.5-8 Duties of property owner, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 2.5-8. Duties of property owner. For the purpose of this Ordinance 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. Then owner of an apartment complex or multi-family 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) Ensure that any able: person listed with the City is To receive notification at any time; (2) To come to the alarm site within one -and one-hakf (1 k½~) hours after receiving a request from a member of the Police Department, Fire Department or Communications Department to do so; and (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 insure 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 ($50.00) Dollars. The Police Department or Fire Department shall indicate on their False Alarm Report the failure to respond. The Finance Department shall be responsible for accessing the Fifty ($50.00) Dollar 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 insure malfunctions due to faulty maintenance will not occur. Section 7. That Section 2.5-9. notified to provide access to premises, is hereby amended by adding the words underlined type and by deleting the words struck-through type, as follows: Duty of person render assistance. and figures in and figures in Sec. premises, render assistance. Any person who is notified Communications Division, Police 2.5-9 Duty of person notified to provide access to by any member of the 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 and-one-hak{ (1 ~) hours 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 5 for and result in the City taking reasonable action to deactivate the alarm. Section 8. That Section 2.5-10 Operation of alarm system, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: No person shall install, cause to be installed or )ermit to be installed any alarm system unless the :equirements 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 difference type of emergency situation so that the proper notification and proper response can be made. (b) Any local alarm system shall have a %h~rty twenty minute 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 opposed to a steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound which 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 sub-section a,b,c, of above shall be fined Flft~ (d) ($50.00) Dollars. The Police Department or Fire Department shall indicate any violation of 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. Owner of the alarm system will have ten (10) days from the date of the notice of violation to correct the violation. If the violation is not (e) corrected within 10 days the owner shall be fined Fifty ($50.00) Dollars. Code Enforcement shall notify the Finance of fine (invoice) corrected. If the Department to mail the notice if the violation is not (10) days the alarm owner will be Section 2-17 of this Chapter. The City may set reasonable fine is not paid within ten in violation of 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. Section 9. That Section 2.5-11. False alarms ~rohibited; exceptions.is hereby amended by adding the words ~nd figures in underlined type and by deleting the words and figures in struck-through type as follows: Sec. 2.5-11. False alarms prohibited; exceptions. No person shall intentionally activate an alarm system ifor any purpose other than an emergency or threat of iemergency of the kind for which the alarm system was designed to give notice?-p~ov~ded~-howeve~-~t-sha~-be-an a~rmat~ve-~e~ense-to-pr~secut~on-un~er-th~s-sect~n-that the-a~arm-system-was-sounded-se~e~y-fer-the 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. Section 10. That section 2.5-12. Excessive false alarms declared a public nuisance; exceptions, is hereby ~mended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: (b) Heak%h-care-~ac~k~t~es-where-pat~en%s-are-housed evern~ght-sha~-be-spec~ca~y-exempt-~rem-the-app~eat~en o~-th~s-sect~on= All new fire alarm systems shall be exempt from the application of this section for the first three (3) months from the date of initial installation. Section 11. That Section 2.5-13. False alarm serv±ce charge; collection. Es hereby amended by add±hg the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: For response to excessive false alarms by the Police Department or Fire Department, the alarm user shall be charged a service fee by the City as follows: ~-twenty-~ve d~ars -~$~5~88~ -~ -the-~rst -~a~se -a~a~m -~n -excess -~ th~ee-~3~-~n-any-twe~ve-m~nth-per~7-~ty-d~a~s-~$58~88~ ~er-the-sec~nd-~a~se-a~arm-~n-excess-e~-three-~3~-~n-any twe~ve-m~nth-per~ody-an~-~ne-hun~red-~ars-~$~88~88~-~r the-th~rd-an~-each-success~ve-~a~se-a~arm-~n-eMcess-o~-three ~3~-~n-any-twe~ve-m~nth-per~v $25.00 for four (4) false alarms in any twelve-month period; $50.00 for five (5) false alarms in any twelve month period; $100.00 for six (6) false alarms in any twelve month period; and $100.00 for each successive false alarm, after six, in any twelve month period. The Chief of Police or his/her designee, shall determine whether a false burglar alarm has occurred and the IFlre Chief, Ifalse fire or his/her designee, shall determine whether a alarm has occurred and the frequency of such false alarms, and the City shall notify alarm users of ~mounts owed to the City and shall make demand therefor, ~ursuant to the provisions of this section. The City Attorney may proceed by a suit in a court of :ompetent jurisdiction to collect said charge after demand ~herefor has been made by the City and the payment thereof refused by the alarm user. Section 12. That Section 2.5-16. Enforcement through ~odes enforcement board, is hereby amended by adding the ~ords and figures in underlined type and by deleting the words and figures in struck-through type as follows: Sec. 2.5-16. board. The Building Official may codes enforcement board of the Enforcement through codes with this article and payment of enforcement the City pursuant to Section have the authority to place a served by a burglar and/or fire assessed service charges. Section 13. That a new initiate action before the city to obtain compliance service charges assessed by 13. above. The board shall lien against the property alarm in the amount of all Section 2.5-17. Service Charge, Fines; Failure to pay. shall be created as follows: Section 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 Finance Director or his/her designee 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 (b) section and demand payment in seven (7) days of the date of the notice of violation. If the owner or person in charge of the alarm system fails to pay the past due amount within seven (7) days, the City Attorney who 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 the accessed service charges and/or fines. (c) The owner of the where the alarm alarm system and/or premises system services shall be responsible for all costs incurred in collectinq the service fee including attorney's fees. Section 12: That each and every other provision of !hapter 2.5 Alarm Systems not sgecifically amended herein shall remain in full force and effect as previously enacted. Section 13. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 14: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 15: Authority is hereby granted to codify said ordinance. Section 16: This immediately upon passage. FIRST READING this c~ 1990. ordinance shall become day of SECOND, FINAL READING and PASSAGE this 1990. effective day of 10 ATTEST: ~i~ CleZk (Corporate Seal) k~ic~ Mayor ~C c~mmissioner 11