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BOYNTON.2½ Chapter 2.5 ALARM SYSTEMS* *Editor's note - Ord. No. 88 - 36, §§ 1 — 16, includes alarms activated solely by an act of nature adopted July 19, 1988, did not specify manner of not contributed to by faulty design, maintenance, codification; hence, such provisions have been installation or use. designated as Ch. 2.5, §§ 2.5 - 1 — 2.5 - 16, by the editor. False alarms: All activated alarms, responded to by the police and/or fire departmen t, which do not qualify as class “A” alarms, including but not limited Sec. 2 .5 - 1. Short title. to alarms activated through inadvertence, neglect, accident, alarm testing, and faulty installation or This chapter shall be known and cited as the maintenance, and excessive vibrations or power “Burglar and Fire Alarm Ordinance.” (Ord. No. 88 - failure. 36, § 1, 7 - 19 - 88) Government: Any direct a gency of any federal, state, county, or city government including schools Sec. 2.5 - 2. Definitions. and the U.S. Postal Service. For the purpose of this chapter, whenever any of Person: Shall mean any natural person, the following words or terms are used herein, they individual or any firm, partnership, association, shall have the meanings ascribed to them in this limited partnership, sole proprietorship, corporation, section: apartme nt complex, condominium association, or any business entity whatsoever. Alarm: Any device which is used in a building or premises for the detection of fire, medical alerts, Premises: Shall mean the building or structure unauthorized entry, burglary or any other criminal and adjoining property which is protected by and activity, and which when activated emi ts a sound, upon which is installed an emergency alarm or alarm signal or message to alert others, whether emitted on system. (Ord. No. 88 - 36, § 2, 7 - 19 - 88; Ord. No. 90 - or off the premises or to the central office of an alarm 43, § 1, 9 - 18 - 90; Ord. No. 98 - 46, § 1, 12 - 1 - 98) business. Alarm business: Any person engaged in the Sec. 2.5 - 3. Alarm operating permit required. business of selling, leasing, monitoring, maintaining, servicing, repairing, al tering, replacing, moving or No person shall have an alarm installed to be installing any alarm for any building, place or operational, or use an existing alarm serving a premises. premises, or a building, or portion thereof, occ upied or controlled by such person, unless an alarm Alarm user: Any person using an alarm or operating permit in the form of a decal has been occupying and controlling a premises or building, or issued hereunder, and is in force, authorizing the use a portion of a premises or building, served by an of such alarm. Such alarm operating permit shall alarm. constitute a regulatory license. For any alarm exis ting prior to the effective date of this chapter an alarm Audible alarm: An alarm that sounds a warning operating permit application shall be made within bell, buzzer, or other sounding device that can be sixty (60) days of the effective date hereof. A person heard for fifty (50) feet or more beyond the protected with an installed alarm system without a permit from premises. the city shall be issued a notice of vio lation and that person shall have ten (10) days from the date of the Class "A" alarms: All those alarms activated by notice of violation to make application for a permit. illegal entry, in response to criminal activity, fire, or the need for emergency medical response and 1999 S - 10 1 Boynton Beach Code 2 If application for a permit is not made within ten (10) site and to deactivate the alarm system days of the notice of violation the person shall be in if such 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 t he 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 notific ation 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 becomes necessary; or T h e n a m e a n d t e l e p h o n e n u m b e r o f a n a l a r m s y s t e m b l l o w s : d . T h e n a m e s o f t w o ( 2 ) p e r s o n s l i s t e d w i t h t r a f t e r r e c e i v i n g a r e q u e s t f r o m a m e m b e r o f t h e c o m m m e n t t o d o s o , a n d t o g r a n t a c c e s s t o t h e a l a r m s i t e h e n n e c e s s a r y , t h e p e r m i t h o l d e r s h a l l g i v e t h e a l a r m t h e r p e r s o n w h o i s a b l e a n d i s w i l l i n g t o p e r f o r m t h e o n s a r e l i s t e d w i t h t h e a l a r m s y s t e m b u s i n e s s a t a l l h a s a u t h o r i z e d t h e a l a r m s y s t e m b u s i n e s s t o p r o v i d e t t i o n s d a n d e a b o v e t o t h e p o l i c e a n d / o r f i r e d e p a r t m m e n t ( s ) o r t h e c o m m u n i c a t i o n s c e n t e r h a s r e q u e s t e d t h a l a r m h a s b e e n a c t i v a t e d . (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 c ity 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 Alarm Systems 3 except as provided in subsection (b). of section 2.5 - 4 of this chapter does not (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 assign ed. 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 resident ial 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 transfe rable 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 b e 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 ala rm 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 li sted on the application under items (a)(4), (5) and (6) possess any required occupational or r e g u l a t o r y l i c e n s e t o c o n d u c t t h e a c t i v i t i e s r e q u i r e n o r e n t i t y i s t h e a l a r m u s e r . ( d ) i f t h e e q u i p m e n t i o r m a n c e . ( O r d . N o . Sec. 2.5 - 7. Decal required. 8 Each alarm operating permit holder shall be 8 issued an alarm - decal by the building official. Said decal shall be displayed at the main entry or a 3 conspicuous place visible at the front of the premises 6 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) 6 , Sec. 2.5 - 8. Duties of property owner. 7 For the purpose of this chapter, both the owner - and lessee of an office or commercial premises shall 1 be considered to be the owners of the premises and 9 shall be held jointly a - nd severally responsible for the registration of the alarm system and liable to the city 8 for all service fees charged for false alarms. The 8 owner of an apartment complex or multifamily ; residence is responsible for the registration of all alarm systems and O shall be liable to the city for service fees charged for false alarms. r d The person in control of the property on which . an alarm system is installed shall: N o . 9 0 - 4 u r e t h a t a n y p e r s o n l i s t e d w i t h t h e c i t y i s a b l e : ( 1 ) t h e a l a r m s i t e w i t h i n o n e ( 1 ) h o u r a f t e r r e c e i v i n g a d e p a r t m e n t o r c o m m u n i c a t i o n s d e p a r t m e n t t o d o s o ; a n d Boynton Beach Code 4 (3) To grant access to the alarm site and to Sec. 2.5 - 10. Operation of system. deacti vate the alarm system if such becomes necessary. No person shall install, cause to be installed or permit to be installed any alarm system unless the (4) To inspect the alarm system after each requirements of this section are met. 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 respon d 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 al arm 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. Fail ure 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; O rd. No. 90 - 43, § 7, 9 - 18 - 90; Ord. No. 98 - 46, § 2, 12 - 1 - 98) a s a r e s u l t o f d i f f e r e n t t y p e s o f e m e r g e n c y s i t u a t i o a s a r e s u l t o f a h o l d - u p , a b u r g l a r y , a f i r e , o r a n y t h e p r o p e r n o t i f i c a t i o n a n d p r o p e r r e s p o n s e c a n b e m a n u t e s h u t o f f a n d m u s t n o t m a k e a s o u n d s i m i l a r t o t h a w a r n i n g s y s t e m . F o r p u r p o s e s o f t h i s s u b s e c t i o n a n y d t o a s t e a d y p i t c h o r a r i n g i n g s o u n d a s i s m a d e b y i c h i s s i m i l a r t o t h a t o f a s i r e n , a n e m e r g e n c y v e h i c a l a r m s h a l l b e d e s i g n e d s o t h a t i t m a y b e a c t i v a t e d a n y o w n e r f o u n d i n v i o l a t i o n o f s u b s e c t i o n ( a ) , ( b ) o p o l i c e d e p a r t m e n t s h a l l i n d i c a t e a n y v i o l a t i o n o f s u b e n f o r c e m e n t d i v i s i o n s h a l l b e r e s p o n s i b l e t o t a k e t h e o f t h i s s e c t i o n . T h e o w n e r o f t h e a l a r m s y s t e m w i l l h a t i o n t o c o r r e c t t h e v i o l a t i o n . I f t h e v i o l a t i o n i s n f i n e d f i f t y d o l l a r s ( $ 5 0 . 0 0 ) . C o d e e n f o r c e m e n t s h a l l f i n e ( i n v o i c e ) i f t h e v i o l a t i o n i s n o t c o r r 1999 S - 10 Alarm Systems 5 (10) days the alarm owner will be in any request being made to the police department or violation of section 2 - 17 of this chapter. fir e department to respond to such alarm. (Ord. No. 88 - 36, § 11, 7 - 19 - 88; Ord. No. 90 - 43, § 9, 9 - 18 - 90) (e) The city may set reasonable standards and procedures to be followed by any alarm system business or telephone answering Sec. 2.5 - 12. Excessive false alarms declared a service when giving notice to the public nuisance; exceptions. communications division of activation of an alarm system. Such standards and (a) The emission of more than three (3) false procedures shall be set out in writing and alarms within any twelve - m onth period of time is made available to any alarm system excessive and constitutes a serious nuisance, and is business or telephone answering service hereby declared to be unlawful and a violation of this requesting same. section. No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm (f) The Fire Rescue Department shall indicate used by such pers on, or any alarm serving a premises any violation of subsection (a) or (b) on or a building occupied and controlled by such person, their alarm report. The Fire and Life Safety of more than three (3) false alarms within any twelve - Division shall be responsible to take the month period of time. appropriate action by issuing a notice of violation of this section. The owner of the (b) All new property permitted alarm systems alarm system will have ten days from the shall be exempt from the application of th is section date of the notice of violation to correct the for the first three (3) months from the date of initial violation. If the violation is not corrected installation. within ten days, the owner shall be fined $50. The Fire and Life Safety Divi sion (c) Occupancies with multiple alarm zones or shall notify the Finance Department to mail apartment complexes with multiple alarm systems, all the notice of fine if the violation is not maintained by the same company, may be declared corrected. If the fine is not paid within ten nuisance alarms by the Fire Marshal and shall be days, the alarm owner will be in violation assessed a false alarm fee. of Sec. 2.5 - 17 of this chapter. (Ord. No. 88 - 36, § 12, 7 - 19 - 88; Ord. No. 89 - 6, § 1, 4 - (Ord. No. 88 - 36, § 10, 7 - 19 - 88; Ord. No. 9 0 - 43, § 8, 4 - 89; Ord. No. 90 - 43, § 10, 9 - 18 - 90; Ord. No. 91 - 64, 9 - 18 - 90; Ord. No. 98 - 46, § 3, 12 - 1 - 98) § 2, 9 - 19 - 91; Ord. No. 98 - 46, § 4, 12 - 1 - 98) Sec. 2.5 - 11. False alarms prohibited; exceptions. Sec. 2.5 - 13. False alarm response service fee; col lection. No person shall intentionally activate an alarm system for any purpose other than an emergency or For response to excessive false alarms by the threat of emergency of the kind for which the alarm police department, the alarm user shall be charged a sy stem was designed to give notice. The owner or service fee by the City as follows: 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 a ffirmative 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 f a l s e a l a r m ................................ s ................................ ................... month period i Five (5) false alarms in any twelve - ................................ n ................................ ................... month p 1999 S - 10 Boynton Beach Code 6 Six (6) false alarms in any twelve - fire department or any other department or bureau of ................................ ................................ .................. month period the city, and then reproduces any prerecorded 100.00 message to report any burglary, unauthorized entry or Each successive false alarm, after other emergency. six (6), in any twelve - month ................................ ................................ .................. period (b) 100.00 No person shall provide a private alarm service system programmed to a central alarm The chief of police or his/her designee, shall reception office unless it shall have the cen tral office determine whether a false burglar alarm has occurred staffed at all times, twenty - four (24) hours a day, and the frequency of such false alarms. The city shall including holidays. notify alarm users of amounts owed to the city and shall make demand therefor, pursuant to the (c) Any staff member of a private alarm service provisions of this section. system reporting an alarm activation to which police department and/or fire department response is The Fire Marshal shall determine whether a false requested shall identif y himself and state the name fire or medical alarm has occurred and the frequency and telephone number of the alarm business by which of such alarms. The Fire Rescue Department shall such response is requested. notify alarm users of the amount owned to the city and shall make demand therefore pursuant to the (d) The request for response shall include the following provisions: name, telephone number, and zone, if applicable, of the alarm activation. (a) A fine of $100 will be issued for every false (Ord. No. 88 - 36, § 14, 7 - 19 - 88; Ord. No. 98 - 46, § 6, alarm over the third false alarm in any calendar year. 12 - 1 - 98) (b) Proof of alarm repair on the date of the false alarm can result in the fine being reduced to $25 Sec. 2.5 - 15. Audible alarms. if approved by the Fire Marshal. All alarms which may be heard in any public The Fire and Life Safety Di vision will bill and place shall be equipped and maintained to maintain records for all fire and medical false alarms. automatically cut off no longer than twenty (20) minutes after being set off. (Ord. No. 88 - 36, § 15 , 7 - The city attorney may proceed by a suit in a 19 - 88; Ord. No. 91 - 64, § 3, 9 - 19 - 91) court of competent jurisdiction to collect said charge after demand therefor has been made by the city and the payment thereof refus ed by the alarm user. Sec. 2.5 - 16. Enforcement through codes (Ord. No. 88 - 36, § 13, 7 - 19 - 88; Ord. No. 90 - 43, § 11, enforcement board. 9 - 18 - 90; Ord. No. 98 - 46, § 5, 12 - 1 - 98) The building official, police chief, fire chief or their designees may initiate action before the codes Sec. 2.5 - 14. Interference with city telephone enforcement board of the city to obtain compli ance trunk lines prohibited; alarm with this chapter and payment of service charges business central office required; assessed by the city pursuant to section 2.5 - 13. The identification required. board shall have the authority to place a lien against the property served by a burglar and/or fire alarm in (a ) No person shall use or cause to be used any the amount of all assessed service charg es. (Ord. No. telephone or electronic device or attachment that 88 - 36, § 16, 7 - 19 - 88; Ord. No. 90 - 43, § 12, 9 - 18 - 90; automatically selects a public primary telephone Ord. No. 92 - 5, § 2, 3 - 3 - 92; Ord. No. 94 - 29, § 2, 9 - 9 - trunk line of the communications center, police 94) department, 1999 S - 10 Alarm Systems 7 Sec. 2.5 - 17. Service charge, fines; failure to pay. (c) The chief of each department shall review the recommendation and may reduce, remove, or The owner of an alarm system in violation of a leave unchanged the false alarm response service specified section of this chapter shall have ten (10) charge imposed pursuant to section 2.5 - 13. The days from the date of the violation notice to pay the decision of the chief of the resp ective department service charge and/or fine. shall be the final decision of the city. (Ord. No. 98 - 17, § 1, 6 - 16 - 98) (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 Sec. 2.5 - 19. Failure to notify. certified mail that the payment is past due in violation of this section and demand that payment be made No alarm business shall attempt to service, within ten (10) days of the date of the demand for repair, alter, replace, move and/or test an alarm payment letter. system without a prior one hour noti ce of intent to the City of Boynton Beach Emergency Dispatch Center. (b) If the owner or person in charge of t he All reasonable precautions to avoid the transmission alarm system fails to pay the past due amount within of false alarms shall be made. Failure to notify one ten (10) days, the city attorney may proceed by a suit hour prior to the transmission of a false alarm shall in a court of competent jurisdiction to collect said result in a fine of $50, payable by the alarm business. unpaid service charges and/or fines from an alarm system owner, and the city attorney shall have the (a) If the alarm business fails to pay the fine authority to place a lien against the property served within ten days, the alarm business shall be notified by a burglar and/or fire alarm in the amount of all via certified mail of their right to request a hearing assessed service charges and/or fines. before a three - person board which shall be composed of the City Ma nager, the Director of Public (c) The owner of the alarm system and/or the Works/Engineer and the Director of Development, or premises the alarm system serves shall be responsible their designees, which hearing shall be held within f or all costs incurred in collecting the service fee ten days of the date of the appeal to the City Manager. including attorney's fees. (Ord. No. 90 - 43, § 13, 9 - 18 - 90; Ord. No. 92 - 5, § 3, 3 - (b) The decision of the Board shall be final and 3 - 92; Ord. No. 97 - 03, § 1, 2 - 18 - 97) shall only be su bject to review by writ of certiorari to Palm Beach County Circuit Court. Sec. 2.5 - 18. Departmental review of contested (c) All alarm businesses and alarm monitoring fees. companies conducting fire or medical alarm business in the City of Boynton Beach will register with the (a) Alarm users wishing to cont est a false Fire and Life Safety Division of the Boynton Beach alarm response service fee shall provide to the police Fire Rescue Department. or fire rescue department, within thirty (30) days of imposition of the fee, a written explanation detailing (d) All alarm businesses will notify the Fire and reasons that the false alarm response service fee Life Safety Division of any alteration, deletion, should be reduced or waived. removal of service, or other operating problems of fire and medical alarm systems in the City of Boynton (b) The chiefs of the police department and the Beac h. fire rescue and life safety department shall each (Ord. No. 98 - 46, § 7, 12 - 1 - 98) designate a member of their respective departments to process, review and make a written recommendation to the department chief on each case contesting a fal se alarm response service fee. 1999 S - 10 Boynton Beach Code 8 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. Fai lure 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 c ause for the alarm activation. (Ord. No. 98 - 46, § 9, 12 - 1 - 98) 1999 S - 10