Ord 12-09AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 112.2$,
"DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A
LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION
112.29, "APPEAL" TO REMOVE ALL REFERENCES TO
DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO
DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM
SYSTEM" AND 112.31, "RECONNECTION OF ALARM SYSTEMS" IN
THEIR ENTIRETY; AND AMENDING SECTION 112.51,
"ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD",
TO PROVIDE FOR ENFORCEMENT THROUGH CNIL CITATION;
PROVIDING A GENERAL. REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTNE DATE.
WHEREAS, the City Canvxussion has the authority to protect the public health, safety and welfare of
its citizens; and
WHEREAS, the City Commission has determined it to be in the public's best interest to establish
reasonable regulations regarding alarm systems, including limited responses far repeat violators who da not
take actions to repair their alarm systems after multiple false alarms.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 112.2$, "Disconnection of Alarm System", of the Cade of Ordinances of
the City of Dekay Beach, Florida, is hereby amended to read as follows;
Sec. 112.28. LIMTTEI} RESPONSE.
~A} Limited Response sha31 mean that the Police Department shall remand only to verified
emergencies, including but not limited to the following: crimes in t~ragress, panic button calls, silent
alarm calls and calls from aersans an-site reporting a crime.
{A-} ~B Except for premises protected by a required operative alarm system, eith~~~-c}€ the Police
Department et~~e-13epai~~~er~t enforcement officials ig are authorized to order the ~er~nrxg-~€
limited response to any burglar alarm system, by written notice to the alarm user at the premises
wherein an alarm system is installed, far any of the following reasons:
(1} Failure to meet all requirements provided far in this Chapter within thirty (30}
days of the charging of the fee; ar
(2) Failure of the alarm user to provide a written "Affidavit of ServiceJRepair"
required by this Chapter, ar
(3) A false alarm or alarm malfunction at a premises for which a fee is charged
pursuant to this Chapter as the result of the failure of the alarm user to take
corrective action to elirrv.nate the cause of the false alarm; ar
{4) The failure of a person notified pursuant to this Chapter to appear within thixty
(30) minutes after being notified to respond, if such failure to timely appear
occurs four (4) or more times within a registration period.
~ .~, The written notice ~ of limited response shall be mailed to the alarm user,
by certified mail, and shall specify the date on which the alarm user shall be required to a:~.,....,~..,..~ `'-~
pay all alarm fees or file an appeal
pursuant to Section 112,29.
,~D) The alarm user shall pay a reinstatement fee of Ninetv Dollars ~$90.OQ~ to be reinstated
to non-limited restonse status together with certification by an alarm system contractor that and and all
trxoblems with the alarm system have been corrected.
ectic~n 2. That Section 112,29, "Appeal", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Sec. 112.29. APPEAL.
An alarm user to wham a notice t~--dise~x~ee~ of limited resronse to an alarm system was
mailed, pursuant to Section 112.2$, shall be entitled to appeal the order of the enforcement official to
the City Hearing Officer. An appeal must be in writing, stating the reasons
why the a~le~~ a~~;notice of lirnited response should be withdrawn, and shall be made within
ft€teer3-(~-~-} fourteen 14~days of the date of receipt of the notice ~ee;rt of limited response.
Notice.. of hearin~_will be sent to the alarm user after the City receives the written notice of at~t~eaL At
e hearing, the City Hearing Officer shall
,
. issue findings of fact.
based upon evidence presented and conclusions of law, and shall issue an order. If an order requires
action to be taken to comply with the requirements of this Chapter by a specific date. a fine may be
imposed in an amount not to exceed ~5Q0.00 per day for each day that the alarm system is not in
cam Hance after the s ecified date. If the re aired corrective action is not taken alien ma be
2 ORD 110. 12-49
imposed on the property where the violation exists and upon an~real or.personally~roperty owned by
the alarm user.
Section 3. That Section 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm
System" and 112.31, "Reconnection of Alarm Systems" of the Code of Ordinances of the City of Delray
Beach, Florida, shall be repealed in their entirety:
. ,
f
,
,
, .
Section 4. That Section 112.51, "Enforcement through Code Enforcement Board", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 112.51. ENFt3RCEMENT THRQUGH CIVIL
CITATItJN SYSTEM.
The enforcement official may
issue a civil citation to obtain compliance with this Chapter and payment of service charges or fees
assessed by the City pursuant to the provisions of this Chapter.
ORD l~lO. 12-09
I A lien may be filed far all unpaid..... fees, citations, or
renewallregistratian charges under this Chapter.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whale ar part hereof other than the part
declared invalid.
Section 6. That all ordinances ar parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on second and final reading.
PA SED AND ADOPTED in regular session an second and final readin on this the ~'~` day of
, 2009. ~
~~
ATTEST:
City Clerk
First Reading
Second Reading ~ ~~
MAYOR
4 ORD NO. 12-09
NI~MORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 10, 2009
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MARCH 17, 2009
ORDINANCE NO.12-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading of a city initiated ordinance amending Section
112.28, "Disconnection of Alarm System", to provide for a limited response to alarm systems;
amending Section 112.29, "Appeal" to remove all references to disconnecting; repealing Sections
112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31,
"Reconnection of Alarm Systems" in their entirety; and Amending Section 112.51, "Enforcement
through Code Enforcement Board", to provide for enforcement through civil citation.
BACKGROUND
At the first reading on March 3, 2009, the Commission passed Ordinance No. 12-09.
RECOMMENDATION
Recommend approval of Ordinance No. 10-09 on second and final reading.
MEM(JRANDUM
TO: Mayor and City Commissioners
FROM: Terrill C. Pyburn, Assistant City Attorney
THROUGH: Susan A. Ruby, City Attorney
David T. Harden, City Manager
DATE: February 11, 2449
SZT$JF~'T; AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF MARCH 3 2009
ORDINANCE NO. 12-fl9
ITEM BEFORE COMMISSION
Ordinance Na 12-49.
BACKGROUND
The attached Ordinance updates our alarm ordinance to provide far "Limited Response" for an alarm
user's:
+ Failure to register hisCher alarm within thirty (34) days of notice of same;
+ Failure to provide a written "Affidavit of ServicelRepair" within thirty (34) days of false alarm.;
• Failure to pay response fees for false alarms, where such fees are overdue by more than one
hundred twenty (124} days; or
. Failure to appear within thirty {34) minutes of notice to respond, if such failure has occurred four
{4) or more times within a registration period.
Also, we have provided for enforcement via civil citation with appeals to be heard through the City's
Hearing Officer.
Some portions of our existing Alarm Ordinance have proven very difficult to enforce and numerous
false alarm fees go uncollected. We believe that the proposed amendments, developed jointly by the
Police Department, Cade enforcement and the City Attorney's Office, will streamline enforcement
and reduce the number of false alarms to which our Police Deparl~nent responds. False responses
currently waste large amounts of sworn officer's time.
RECOMMENDATION
That the proposed amendments to our Cade be adopted.
ORDINANCE NO. 12-09
AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 112.28,
"DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A
LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION
112.29, "APPEAL" TO REMOVE ALL REFERENCES TO
DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO
DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM
SYSTEM" AND 112.31, "RECONNECTION OF ALAI~IVI SYSTEMS" IN
THEIR ENTIRETY; AND AMENDING SECTION 112.51,
"ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD",
TO PROVIDE FOR ENFORCEMENT THROUGH QVIL QTATION;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has the authority to protect the public health, safety and wElfare of
its citizens; and
WHEREAS, the City Commission has determined it to be in the public's best interest to establish
reasonable regulations regarding alarm systems, including limited responses for repeat violators who do not
take actions to repair their alarm systems after multiple false alarms.
NOW THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 112.28, "Disconnection of Alarm System", of the Code of Ordu~lces of
the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 112.28. LIMITED RESPONSE.
1A) Limited Response shall mean. that the Police Deparhr~zt shall respond only to verified
emergencies, including but not limited to the following crimes in prog e~ss, panic button calls, silent
alarm calls and calls from persons on site reporting a crime.
{,4) ~B Except for premises protected by a required operative alarm system, eider-ef the Police
Departr~nt ^o~n~ enforcement officials is are authorized to order the disee~ee-e€
limited response to any bur ar alarm system, by written notice to the alarm user at the premises
wherein an alarm system is installed, for any of the following reasons:
(1) Failure to meet all requirements provided for in this Chapter within thirty (30)
days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of Service/Repair''
required by this Chapter; or
(3) A false alarm or alarm malfimction at a premises for which a fee is charged
pursuant to this Chapter as the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarrrr; or
(4) The failure of a person notified pursuant to this Chapter to appear within thirty
(30) minutes after being notified to respond, if such failure to timely appear
occurs four (4) or more times within a registration period.
{~ .(~C The written notice ~ee~ of limited response shall be mailed to the alarm user,
certified mail, and shall specify the date on which the alarm user shall be required to ~s~~tne
pay all alarm fees or file an appeal
pursuant to Section 112.29.
problems with the alarm system have been corrected
an
Section 2. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Sec. 112.29. APPEAL.
An alarm user to whom a notice te-dise~eEt of limited response to an alarm system was
mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to
the City Hearing Officer. An appeal must be in writing, stating the reasons
why the er~er~e d~notice of limited response should be withdrawn, and shall be made within
€i€teen~5) fourteen (14~days of the date of receipt of the notice te-daseer~eet of limited response.
Notice of hearing will be sent to the alarm user after the City receives the written notice of appeal. At
thethe h~ the City Hearing Officer shall
. issue findinQS of fact,
based upon evidence presented and conclusions of law: and shall issue an order If an order requires
action to be taken to complywith the requirements of this Chapter by a specific date, a fine maybe
unposed in an amount not to exceed $500 00 ner day for each day that the alarm system is not in
compliance after the specified date If the required corrective action is not taken, a lien may be
2 ORD N0. 12-09
isrn~ased an the p~~ where the violation exists and upon any real or Fersaru~lly-pro~ert~' owned by
the alarm user.
Section 3. That Section 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm
System" and 112.31, "Reconnection of Alarm Systems" of the Code of Ordinances of tl~e City of Delray
Beach, Florida, shall be repealed in their entire'-tY
. ,
,
won 4. That Section 112,51, "Enfarcenaetat tlaraugh Cade Enforcement Board", of the Code of
C~xc~inances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 112.51. ENFORCEMENT THROUGH IVIL
CITATION SYSTEM.
The enforcement official may
issue a civil. citation to obtain carrspliance with this Chapter and pay~rnent of service ch;a~es or fees
assessed by the City pinsuant to the provisions of dais Chapter.
ORD N4.12-09
Alien may be filed for aIl unpaid fees, citations, ar
renev~~a].Iregisixation charges under this Chapter.
Section 5, That should any section or provision of this ordinance or any partian thereof, arty
paragraph, sentence, clause or cord be declared by a court of competent jurisdiction to be invalid, such
c~cision shall not affect the validity of the rexr~~inder hereof as a ~n~hole or part hereof other tlian the part
declaredl. invalid
Section 6. That all orc~nances or parts of an~irtances in conflict herewith be, and the sarr~ are
hereby repealed
tion 7. That this ardiriance shall become effective upon its passage on second and fic7al reading.
PASSED AND ADOPTED in r~~;ular session on second and final reading an this the day of
, 2t1~.
ATTEST:
City Clerk
MAYOR
Z~irst Reading
Second Reading
~ ORD NO.12-U9
A1O'TICE flF LIMITED J~:~~SPONSE FOIL POLICE ALARMS/OVERDICTE FEES
CITY tJF DELRAY BEACH, CERT. MAIL I~IQ.:
RET`LJRN RECEIPT REQUESTED
Petitioner,
Respondent,
DATE:
CUSTt31~1ER #:
As of this date, you have violated one of the following:
(1) failed to register hislher alarm within thirty (30) days of notice of same;
{2} failed to provide a written "Affidavit of ServicelRepair" within thirty (3.0) days of false
alarm;
(3} failed to pay response fees for false alarms, where such Fees are overdue by mtore than
one hundred twenty {120} flays; or
{4) failed to appear within thirty (30} minutes of notice to respond, if such failure has
occurred four {4} or more times within a regisixation period.
(circle one)
A list of dates, times, and amounts for each of the, violations warranting this limited response are enclosed
with this notice, These violations occurred at your businesslresidence located at:
Pursuant to ~ectinn 112.28(B) gf the City's C+odc of Ordinances, an alarm system may he placed arr
limited response for the violations listed above.
Limited response is def"nied as follows: that the galice department shall respond only to verified
emergencies, (i.e. crime in progress, panic button, silent ataam, and call from person on-site reporting a
crime).
;E'au may au+aid hein~ placed an limited response kv t~ayini~ all ouerrlue fees'in t1ilL The Cltv's .Finance
~artment must receive nayment nn later than .Please submit navment ta;
City of Delray Beach
Attn: Finance Department
100 N. W. 1 st Avenue
Delray Beach, FL 33QQA~
Make check payable to the City of Delray Beach. Please include your telephone number and driver's
license number on your check, For amounts over $1,00{}.f10, please submit a cashier's check or money
order.
NC3TiCE OF LIIVIi'i'EI? RESPONSE FOIL POLICE ALARMSPOYERDUE FEES
Yau may appeal being placed an limited res a by filing a writte~t appeal setting forth the reasons for
the appe~rl within fourteen (14) calendat dayt of receipt of"this rii~tice. by sendin the appeal ty tl:e
~llnwin~
Limited Response Appeal
Attu; Director of Community Improvement
City 'of Delray Beach
]00 R].W. Ii` Avenue
Delray Beach, FL 33444
UNLESS YOU APPEAL IN WRITING WITHIN FOURTEEN (14) CALENDAR DAYS OF
RECEIPT OF THIS NOTICE OR PAY THE RESPONSE FEES IN FULL BY ,THE
LIMITED RESPONSE SI3IALL BE EFFECTIVE ON ONCE PLACED ON
LIMITED RESPONSE STATUS, THERE IS A NINETY DOLLAR {$90.0{1) REINSTATEMENT
FEE IN ADDITION TO YOUR OVERDUE FEES TO TA~I+~E YOUR ALARIVI OFF OF LIMITEll
RESPONSE.
t`Tpon receipt of a timely written ,appeal, a/tearing wilt be scheduled before our Hearing Officer.
Notice of the hearing will be sent to you after receipt of your written appeal. The Hearing Officer
shall conduct a hearing and consider the evfdence presented pursuant to Chapter 162, .Florida
Statutes.
At the conclusion of the hearing, the Hearing Officer shall Sssue findings of fact, based upon the
evidence .presented sad concfuslans of -law, and shall issue an order. If an order require$ action to
be taken to comply with the requirements of the false alarm ordinance by a specific date, a fine may
be imposed In an amount not to exceed $500.00 per day for each day that the system Is not iii
compliance after the specified date. If the required corrective action is not taken, a Ilea may be
Imposed on the property where the violation exists and upon any rest or personal property owned
by the violator.
Janice Abraham, Alarm Coordinator
i 1~CEREBY CERTIFY that an original Native of Limited Response for overdue fees was furnished by regular
and certified mall, return receipt requested to:
Name:
Address:
and a copy of the Notice of Limited Response for overdue fees was furnished by regular and aetY30ed mail to:
Name;
Address•
Oa this day of , 200 .
Janice Abrahlm, Alarni Coordinator
ce: Anthony Strianese, Cbief of Police
Lula Butler, Director of Community Improvement
2
1Y01'~CE OF UVERDUE AI;~AFkM FEES
CITY OF I~ELRAY BEACH,
Petitioner,
Respondent,
DATE.:
CUSTOMER #:
CERT. IVIAIL NO.:
RETt;[RN RECEIPT REQUESTER
According to our records, you have unpaid alarm fees in the amount of $ ,which were due an
(date) and are now past due. A list .af dates and tunes these fees were incurred are
enclosed with this notice, These alarm fees were incurred by you fqr your businesslresidence located at:
Pursuant to Section 1I2.5I of the City's Cade of Ordinances},alien may be filed fflr all unpaid fees,
citations, penalties ur renewaUregistratian charges for alarm systems.
Please_pav your nuerdue alarm ees i~ full within sazty (Gt!) days frr~m !!te dale of this ncrlice ur a lien
will be filed mains! yvur property. Please sxcL+mlt payment tn:
City of Delray Beach
Aitn: Finance Department
100 N.W. 1st Avenue
Delray Beach,. FL 33444
Make check payable to the City of Delray Beach, Please include your telephone number .and driver's
license number on your check. For amounts over $1,000.00, please submit a cashier's cheek or money
order.
If vrru believe that these cltaty2es are lncvrrerl. vnu may anneal within fourteen (~4, f calendar days bf
receipt oftltis n~ttice by sending,vour appeal tci tl~e follcrwlne;
Overdue Alarm Fees Appeal
Attn: Director of Community Improvement
City afDeliay Beach
100 N.W. 1 ~` Avenue
Delray Beach, FL 33444
UNLESS YOU APPEAL IN WRITING 'WITHIN FOURTEEN (14) CALENDAR DAYS OF
RECEIPT OF T'H[S NOTICE OR PAY THE RESPONSE FEES.IN FULL BY , A L[EN
SHALL BE FILED AGAINST YOUR PROPERTY.
NOTICE OF OVE1tUUE AL~i,RM FEF..S
Upon receipt of u timely written appeal, u hearing wi11 be scheduled before our Dearing Officer.
Notice of the hearing will be sent to you after receipt of your written appeal, The Hearing Officer
shall conduct a hearing and consider the evidence presented pursuant to Chapter 16Z, Florida
Statutes,
At the conclusion of the hearing, the Dearing Officer shall issue findings of fact, based upon the
evidence presented and conclusions of taw, and shall issue tsn order. Dan order requires payment
to be made ar action to betaken to camgly with the requirements of the false alarm ordinance by a
specific date, interest may accrue and/or a fine tray be imposed in an amount not to exceed $500.00
per day far each day that titre system is not In compliance after the specified date. If the payment is
not received or required corrective action is not taken,, a Lien may be inagosed an the property
where the overdue tinelviolatlon exists and upon any real or personal property awned by the
viatatar.
Cheryl Minchak, Accounting Assistant
I HEREBY CERTIFY that an angina] Notice of Overdue Alarm Fees was furnished by regular and certified
mail, return receipt requested to:
Name:
Address
and.a copy of the Notice of Overdue Alarm Fees was furnished by regular and certified malt to:
Name
Address
On this day of , ZQO
Cheryl Mlnchak, Accounting Assistant
cc: Anthony Strianese, Chief of Police
Luis Butler, Dlrectnr of Caxnmunity Improvement
2