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ORDINANCE NO. 07- 0 It
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE CITY OF BOYNTON
BEACH CODE OF ORDINANCES, CHAPTER 2.5,
"ALARM SYSTEMS," TO UPDATE THE CODE AND
ADD ACCOUNT ABILITY AND PERMITTING
REQUIREMENTS FOR ALARM COMPANIES;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
that it is necessary to amend Chapter 2.5, Alarm Systems, of the City's Code of Ordinances;
and
WHEREAS, the City Commission has determined that it is in the best interests of the
residents and citizens of the City of Boynton Beach to amend Chapter 2.5 of the Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. Chapter 2.5, Alarm Systems, is hereby amended as follows:
Section 2.5-1 Short title.
This chapter shall be known and cited as the "Burglar and Fire Alarm Ordinance."
Section 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
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1 alerts, unauthorized entry, burglary or any other criminal activity, and which when activated
2 emits a sound, signal or message to alert others, whether emitted on or off the premises or to
3 the central office of an alarm business.
4
5 Commercial Alarm S stem: A Fire Alarm S stem to monitor flow tam er manual initiation
6 I devices and audible notification, located at any business, Multiple Dwelling Unit and/or
7 Storage Facility.
8
9 Residential Alarm S stem: A Bur lar Alarm S stem which ma have smoke detectors
10 attached to the system, located at a single family dwelling.
11
12 Alarm business Contractor: Any Licensed person engaged in the business of selling, leasing,
13 monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any
14 alarm for any building place or premises. All associated work and personnel shall comply with
15 Ch. 489, Fla. Stat.
16
17 Alarm user: Any person using an alarm or Occupying and controlling Premises or building, or
18 a portion of a premises or building, served by an Alarm.
19
20 Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that
21 can be heard for fifty (50) feet or more beyond the protected premises.
22
23 Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity,
24 fire, or the need for emergency medical response and include alarms activated solely by an act
25 of nature not contributed to by faulty design, maintenance, installation or use.
26
27 False alarms: All activated alarms, responded to by the police and/or fire department, which
28 do not qualify as class "A" alarms, including but not limited to alarms activated through
29 inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and
30 excessive vibrations or power failure.
31
32 Government: Any direct agency of any federal, state, county, or city government including
33 schools and the U.S. Postal Service.
34
35 Person: Shall mean any natural person, individual or any firm, partnership, assocIatIOn,
36 limited partnership, sole proprietorship, corporation, apartment complex, condominium
37 association, or any business entity whatsoever.
38
39 Premises: Shall mean the building or structure and adjoining property which is protected by
40 and upon which is installed an emergency alarm or alarm system.
41
42
43 Sec. 2.5-3. Alarm operating permit required. No person shall have an alarm installed to be
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1 operational, or use an existing alarm serving premises, or a building, or portion thereof,
2 occupied or controlled by such person, unless an alarm operating permit in the form of a decal
3 has been issued hereunder, and is in force, authorizing the use of such alarm. Such alarm
4 operating permit shall constitute a regulatory license. For any alarm existing prior to the
5 effective date of this chapter an alarm operating permit application shall be made within sixty
6 (60) days of the effective date hereof. A person with an installed alarm system without a
7 permit from the city shall be issued a notice of violation and that person shall have ten (10)
8 days from the date of the notice of violation to make application for a permit. If application
9 I f~r a ~ermit is. not ~ade within ten (10) days of the notice of violation the person shall be in
10 I vIOlatIOn of thIS sectIOn.
11
12 Sec. 2.5-4. Application for permit:
13 (a) Application for an alarm operating permit for the operation of an alarm system shall be
14 made by a person having control over the property on which the alarm system is to be
15 operated. Such application shall be made in writing to the building official on a form
16 designated by the city for that purpose. On such application, the applicant shall set forth:
17
18 (1) The name, address and telephone number of each person in control of the property.
19
20 (2) The street address of the property on which the alarm system is to be or has been
21 installed and operated.
22
23 (3) Any business name used for the premises on which the alarm-system is to be installed
24 and operated.
25
26 (4) Whether the alarm system or systems are or are not local alarms and whether the alarm
27 system or systems are designed to give notice of a burglary, fire, hold-up or of other type of
28 emergency.
29
30 (5) The name ofthe person or alarm system business who will install the alarm system.
31
32 (6) The names and telephone numbers of two (2) persons which are able to and have agreed
33 as follows:
34
35 a. To receive notification of alarm activation at any time;
36
37 b. To arrive at the alarm site within one (1) hour after receiving a request from a member of
38 the communications center, police department or fire department to do so; and
39
40 c. To grant access to the alarm site and to deactivate the alarm system if such becomes
41 necessary; or The name and telephone number of an alarm system business which is able and
42 has agreed to provide as follows:
43
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1 d. The names of two (2) persons listed with that company who are able to arrive within one
2 (1) hour after receiving a request from a member of the communications division, police
3 department or fire department to do so, and to grant access to the alarm site and to deactivate
4 the alarm system if necessary.
5
6 e. When necessary, the permit holder shall give the alarm system business the name and
7 telephone number of another person who is able and is willing to perform the above described
8 duties so that at least two (2) persons are listed with the alarm system business at all times.
9
10 f. The person having control over the property has authorized the alarm system business to
11 provide the names listed with that business pursuant to subsections d and e above to the police
12 and/or fire department or the communications center whenever that department(s) or the
13 communications center has requested that information in order to obtain assistance after an
14 alarm has been activated.
15
16 (b) Immediately after receipt of the alarm operating permit application, the building official
17 or his designee, shall forward a copy of the application to the communications division.
18
19 Sec. 2.5-5. Term of permit; fee, nontransferable:
20 (a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each
21 alarm operating permit issued, to defray the cost of regulation. Successive renewal fees shall
22 not be required of a residential or commercial permit holder except as provided in subsection
23
24 (b) Term and renewal. An alarm operating permit shall have an indefinite term from date of
25 issuance; provided however, the term shall expire and the permit [shall be] deemed invalid
26 with any change in ownership of residential or commercial property to which the permit is
27 assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit.
28
29 (1) An alarm permit holder is required to notify the city within seven (7) days of any change
30 of alarm permit registration information.
31
32 (2) Any change in ownership of residential or commercial property to which an alarm
33 permit is assigned shall require a new registration application and a fee of thirty dollars
34 ($30.00).
35
36 (c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall
37 not be transferable or assignable and shall cover only one (1) building or premises or portion
38 thereof.
39
40 Sec. 2.5-6. Issuance of alarm operating permit:
41 An alarm permit will be issued by the building official upon receipt of said completed
42 application, and the building official or his designee may inspect the alarm equipment and
43 lanned installation and may require the submission of additional and specific information.
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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 person or entity is
the alarm user.
(d) If the equipment is found to be inferior and not capable of proper performance.
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.
Sec. 2.5-8. Duties of property owner:
For the purpose of this chapter, both the owner and lessee ofan 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) Ensure 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
(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.
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1 (b) Train all persons who may activate the alarm system in the proper operation of the
2 alarm system.
3
4 (c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police
5 department or fire department shall indicate on their false alarm report the failure to respond.
6 The finance department shall be responsible for assessing the fifty dollar ($50.00) fine.
7
8 (d) Notify the city within thirty (30) days of any changes of information contained on the
9 original application.
10
11 (e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance
12 will not occur.
13
14 Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
15 Any person who is notified by any member of the communications division, police
16 department or fire department of the activation of an alarm system and who is able to give
17 access to the alarm site shall come to the alarm site within one (1) hour of the time such
18 person is notified of such activation and shall provide the police and/or fire department any
19 necessary access or assistance. Failure to respond as provided shall be grounds for and result
20 in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes
21 and/or state statutes shall be exempt from deactivating the alarm.
22
23 Sec. 2.5-10. Operation of system:
24 No person shall install, or cause to be installed or permit to be installed any alarm system
25 unless the requirements of this section are met.
26
27 (a) Any alarm system which may be activated as a result of different types of emergency
28 situations shall give a unique signal to designate activation as a result of a hold-up, a burglary,
29 a fire, or any other different type of emergency situation so that the proper notification and
30 proper response can be made.
31
32 (b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound
33 similar to that of a siren, an emergency vehicle or a civil defense warning system. For
34 purposes of this subsection any alarm system which emits any variable tone (as opposed to a
35 steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound
36 which is similar to that of a siren, an emergency vehicle or a civil defense warning system.
37
38 (c) Any hold-up alarm shall be designed so that it may be activated only by intentional and
39 deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be
40 fined fifty dollars ($50.00).
41
42 (d) The police department or fire department shall indicate any violation of subsection (a),
43 (b) or (c) on the alarm report and code enforcement division shall be responsible to take the
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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 violation 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 (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
I 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
I
I writing and made available to any alarm system business or telephone answering service
I requesting same.
ill 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 property
containing a commercial alarm system will have ten !l..QLdays 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 $-W 100.00 er da until the violation is corrected and Fire and Life Safet
accepts system changes or repairs. 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.
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 Fire and Life Safety 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.
Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions.
(a) The emission activation of more than three (3) false alarms of a residential alarm system
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, activation 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 residential property with a permitted alarm systems shall be exempt from the
application of this section for the first three (3) months from the date of initial installation.
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1
2 (c) Occupancies with multiple alarm zones, ef apartment complexes, or commercial
3 occupancies with multiple alarm systems, that areal! maintained by the same company, may be
4 declared nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee.
5
6 Sec. 2.5-13. False alarm response service fee; collection:
7 For response to excessive false alarms by the police department or fire department, the alarm
8 user shall be charged a service fee by the City as follows:
9
1 0 Four ( 1-) false alarms in any twel','e month period $25. 00.
11
12 Five (5) false alarms in any hvehe month period.
13
14 Six (6) false alarms in any hvel'/o month period $100.00
15 Each successive false alarm, after six (6), in any hvel','e month period.
16
17 1 st false alarm in a 12-month period = No charge
18 2nd false alarm in a 12-month period = No charge
19 3rd false alarm in a 12-month period = No charge
20 4th false alarm in a 12-month period = $75 for residential; $200 for commercial
21 5th false alarm in a 12-month period = $100 for residential; $500 for commercial
22 6th false alarm in a 12-month period = $150 for residential; $750 for commercial
23 th and successive false alarm in a 12-month period = $200 for residential; $1000 for
24 commercial.
25
26 Examvle: A residence with 9 false alarms within 12 months would be calculated as
27 follows:
28 1 st $0
29 2nd$0
30 3rd $0
31 4ili$7 5
32 5th $100
33 6th $150
34 th $200
35 8th $200
36 9th $200
37 $925 Total
38
39 The chief of police or hislher designee shall determine whether a false burglar alarm has
40 occurred and the frequency of such false alarms. The city shall notify alarm users of amounts
41 owed to the city and shall make demand therefore, pursuant to the provisions of this section.
42 The Fire Marshal shall determine whether a false fire or medical alarm has occurred and the
43 frequency of such alarms. The Fire Rescuo Department shall Ilotif)' alarm users of the amooot
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owned to the city and shall make demand theref-ore pHl'sl:lant to the [ollmving pro'/isions:
(a) ~.:~~ of$100 \vill be issuod for every [also alarm o','cr the Third Second 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
~ or waived, 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 therefore has been made by the city and the payment thereof refused by
the alarm user.
Sec. 2.5-14. Interference with city telephone trunk lines prohibited:
Alarm bl:lsiness central office reql:lired; identificatioIl reql:lircd.
(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.
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.
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
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1 property served by a burglar and/or fire alarm in the amount of all assessed service charges.
2
3 Sec. 2.5-17. Service charge, fines; failure to pay:
4 The owner of an alarm system in violation of a specified section of this chapter shall have ten
5 (10) days from the date ofthe violation notice to pay the service charge and/or fine.
6
7 (a) If the owner fails to pay the service charge or fine within ten (10) days the city shall
8 notify the owner or person in charge of the alarm system by certified mail that the payment is
91. ,'. past due in violation of this section and demand that payment be made within ten (10) days of
10 the date of the demand for payment letter.
11
12 (b) If the owner or person in charge of the alarm system fails to pay the past due amount
13 within ten (10) days, the city attorney may proceed by a suit in a court of competent
14 jurisdiction to collect said unpaid service charges and/or fines from an alarm system owner,
15 and the city attorney shall have the authority to place a lien against the property served by a
16 burglar and/or fire alarm in the amount of all assessed service charges and/or fines.
17
18 (c) The owner of the alarm system and/or the premises the alarm system serves shall be
19 responsible for all costs incurred in collecting the service fee including attorney's fees.
20
21 Sec. 2.5-18. Departmental review of contested fees:
22 (a) Alarm users wishing to contest a false alarm response service fee shall provide to the
23 police fire rescue department, within thirty (30) days of imposition of the fee, a written
24 explanation detailing reasons that the false alarm response service fee should be reduced or
25 waived.
26
27 (b) The chiefs of the police department and the fire rescue and life safety department shall
28 each designate a member of their respective departments to process, review and make a
29 written recommendation to the department chief on each case contesting a false alarm
30 response service fee.
31
32 fej( c )The chief of each department shall review the recommendation and may reduce, remove,
33 or leave unchanged the false alarm response service charge imposed pursuant to section 2.5-
34 13. The decision of the chief of the respective department shall be the final decision of the
35 city.
36
37
38 Sec. 2.5-19. Failure to notify:
39
40 No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm
41 system without a prior one hour notice of intent to the City of Boynton Beach Emergency
42 Dispatch Center Fire and Life Safety Division. All reasonable precautions to avoid the
43 transmission of false alarms shall be made. Failure to notifY one hour prior to the transmission
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1 of a false alarm shall result in a fine of $50, payable by the alarm business.
2
3 (a) If the alarm business fails to pay the fine within ten days, the alarm business shall be
4 notified via certified mail of their right to request a hearing before a three-person board which
5 shall be composed of the City Manager, the Director of Public Works/Engineer and the
6 Director of Development, or their designees, which hearing shall be held within ten days of
7 the date of the appeal to the City Manager.
8
9 (b) The decision of the Board shall be final and shall only be subject to review by writ of
10 certiorari to Palm Beach County Circuit Court.
11
12 (c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm
13 business in the City of Boynton Beach will register with the Fire and Life Safety Division of
14 the Boynton Beach Fire Rescue Department.
15
16 (d) All alarm businesses will notify the Fire and Life Safety Division of any alteration,
17 deletion, removal of service, or other operating problems of fire and medical alarm systems in
18 the City of Boynton Beach.
19
20 Sec. 2.5-20. Alarm business responsibility:
21 An alarm company conducting fire alarm business within the city shall adhere to all
22 requirements of all applicable NFP A Standards. Failure to comply with this section of the
23 code, as determined by the Fire Marshal, shall result in a fine of $-!OO$l,OOO. Fines shall be
24 paid according to the guidelines in Sec. 2.5-19 (a) and (b).
25
26 Sec. 2.5-21. Damage to property:
27 The City of Boynton Beach shall not be financially responsible for any property damage
28 caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be
29 solely responsible for any damages that occur while attempting to verify the cause for the
30 alarm activation.
31
32 Sec. 2.5-22 Ooerations Permit
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42 A lication for the ermit shall be made to the Fire Marshal on a form rovided and
43 will be issued u on a determination that ro er state and local licensin re uirements
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1 are met per Ch. 633, Fla. Stat., Ch. 489, Fla. Stat., and City Ordinance Sec. 13. There
2 is no additional fee for this permit.
3
4 The ermit shall remain in force as Ion as state and local licensin rovIsIOns are
5 maintained or unless the Fire Marshal determines that the business is not satisfactorily
6 maintaining the systems in accordance with the Florida Fire Prevention Code and
7 adopted NFP A codes.
8
9
10 Section 3. Should any section or provision of this ordinance or portion hereof, any
11 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
12 such decision shall not affect the remainder of this ordinance.
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Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
FIRST READING this .J!L day of --'1rlo-' 2007.
~ECOND, FINAL READING AND PASSAGE
../ , 2007.
,q
this
day
of
CITY OF BOYNTON BEACH, FLORIDA
~~~
~yor Jerry T or
ATTEST:
Y ~._/<~
"-~
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