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,
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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
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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
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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
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