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Ord 44-10ORDINANCE NO. 44-10 ~-- AN ORDINANCE OF THE CI"['I~ COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 112.03, "DEFINITIONS", AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 112.04, "PROHIBITION", TO PROVIDE AN ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFERABLE" IN ITS ENTIRETY BY AMENDING SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFOR.:MATION", TO PROVIDE INCREASED FINE AMOUNTS AND TO REQUIRE THAT APARTMENT COMPLEX. 01~TNERSJPROPERT'Y MANAGERS MUST OBTAIN ALARM PERMITS FOR EACH UNIT AND F;ENUMBERING; ENACTING A NEW SECTION 112.21, "APPLICATION FOR ALARM REGIS'T'RATION; REPORTING CHANGES TO REQUIRED INFO~ATION; RENEIVAL", TO PROVIDE FOR ANNUAL RENEWALS; REPF~AI.ING SEGTTON 112.22, "DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO PREMISES, FENDER ASSISTANCE" IN ITS EI~ITIRETY AND ENACTING A NEW SECTION 112.22, "MONITORING REQUIRED", TO PROVIDE MONITORING REQUIREMENTS; AMENDING SECTION 112.23, "ISSUANCE OF A.L.ARM I~:EGIS'I'R.ATION; DECAL REQUIRED" TO PROVIDE ADDITIONAL CRITERIA FOR DENL~T. OF Ai.AR.M PERIvIITS; AMENDING SECTIONS 112.26, "VERIFICATION OF ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND COR~tECTTVE ACTION", 112,27, "MULTIPLE ALARM i~IAL-FUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE; FEE CHARGES", TO PROVIDE GRADUATED FINES, AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE ALARMS, O~rERDUE FFES AND FAILURE TO REGISTER; REPEALING SECTION 112.29, "APPEAL", AND ENACTING A NEW SECTION 112,29, "APPRAT, OF RESPONSE FEE AND APPFAT" OF LIMITED RESPONSE STATUS"; TO PROVIDE FOR LIMITED RESPONSE AND APPEAL OF SAME; REPEALING SECTIONS 112.30, "RESERVED", .112.31, "RESERVED", AND 112.32, "NEWLY INST~-LLED AL ARM SYSTEMS" IN THEIR ENTIRETY; II AND AN EFFECTNE D TA RE.EPI~~I,ER cLAI_JSE, A SAVING CLAUSE WHEl2.EAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has detemvined it to be in the public's best interest to establish reasonable regulations regarding alarm systems. NOW THEREFORE, BE Ifi ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY Bb:ACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.03, "Definitions" and 112.04, "Prohibitions", of the Code of Ordinances of the City of Delray Beach are hereby amended as follows: Sec. 112.43. I}EFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Alarm. The sound ar signal of an alarm system. Alarm malfunction. The activation of any alarm which results in the response of the Police Department or the Fire Department, caused by mechanical failure, malfunction, improper installation ar lack of proper maintenance or any other response for which Police or Fire Department personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation. Alarm registration. A registration issued by the City Manager ar his designee allowing the operation of an al~irm system within the city of Delray Beach and signifying compliance of the alarm system with the provisions of this Chapter. Alarnz system, Any mechanical, electrical or radio-controlled device which is designed far the detection of smoke, fire, unauthorized entry or other activity requiring urgent attention, and which when activated emits a sound or transmits a signal or message beyond the premises to alert others of an emergency situation. Alarm teefantcian. Any person who inspects, installs, repairs ar performs maintenance on alarm systems and is licensed by the State of Florida or works under astate-licensed alarm contractor. .Alarm user; Any individual, partnership, corporation or other entity in control of any building, structure, facility or premises, or portion thereof, where an alarm system is located and maintained. Automatic telefihone dialing device or digital alarm communicator. An aLGrm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or 2 ORD. NO.44-10 otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. Enforcement o~icial. As to secuxityjburglar alarm systems, the chief of Police or his designated representative; as to fire alarm systems, the Fire Chief or his designated representative. False alarm. An alarm for which a governmental agency has made an inspection of the premises within a reasonable time after the activation of an ali~.rm and finds no apparent reason for the alarm except a possible alarm malfunction, or an activation that sounds with no x~hvsical evidence of prying, forcing. or dama~in~ to access points of a structure. An alarm is not considered a false alarm if the alarm is activated by unusually violent conditions of nature or due to malicious causes beyond the control of the alt~rm user. ~'mited .Kes~ionse. The Police Department shall respond o l~ to verified emergencies, i.e. crime in progress. panic button, silent alarm, call from person on-site or alarm company to report a crime. Premises. Any building, structure or facility and adjoinuig property which is protected by and upon which is installed an al<~rm system. Keguired a~erative alarm system. An alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. Smoke detector. A device which detects the visible or invisible particles of combustion. Sec. 112.04. PROHIBITIONS. {A} No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing al~~rm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. (B} Audible security jburglar alarm systems which do not automatically deactivate within fifteen (15} minutes after activation are prohibited. {C} Fire alarm systems which automatically deactivate are prohibited. (D) Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a power failure are prohibited. ,~E) Arum systems ,hall not directly dial police or fire departments. Section 2. That Section 112.20, "Alarm Registration Required; Fee; Term of Registration; Nontransferable", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety: 3 ORD. NO.44-10 ~ ~ ~ Section 3. That Section 112,21, "Application for Alarm Registration; Reporting Changed to Required Information", of the Code of Ordinances of the City of Delray Beach, Florida, is renumbered Section 112.20 and amended as follows: See. 112.20. APPLICATION FOR ALARIVI REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL. (A} (1} Application far an alarm registration 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 Director of Community Improvement or hislher designee on a form designated by the City for that purpose. Neighborhood subdivisions referred to in Section ~'ST:~ 112.21 (E} shall comply with ~uliseettons Section 112.20 {B}{2} and {~} .(3~, and shall provide e~dy-e'~ze two 2 emergency contacts for the purpose of complying with ae~hrt Section 112.20 (B} {Fr} ,(~• 4 ORD. NO.44-10 (2} New alarm systems shall be registered for twenty-five dollars (~25} a~-tie-ee:~ i€ €alse-a~~t~. {~1-}.~3}, Each year, by it March 1, n,ewa-renewal applications shall be filed in order to ensure all information is correct. Ne A fee of ~y dollars ~~30~ shall be required. (B} {Jn such application, the application shall set forth: (1} The name, address and telephone number of the applicant's property to be serviced by the alarm, including any business name used for the premises= (2} The name, address and telephone number of the applicant, if different from the property to be serviced= {~1-} ~,}, The name, address and telephone number of the alarm business installing or maintaining the al~rrm system, if any:; ~~ ,(4}. The date of activation of the alarm system., and f6},(~ Emergency notification. The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b} To arrive at the alarm site within thirty (30} minutes after receiving a request from the Police Department or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (B} shall be updated each year and be kept current by the registration holder. The registration holder shall notify the ~liee ,Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.2~0(A){~-}j3),. Failure to renew alarm registration of this Chapter ate shall result in a late charge of ~ one hundred dollars ~~ ($100.001 and if renewal application is not received within sixt~~i 60,} days of the renewal date. there shall be limited response ley the Citv's P~partment. 5 C}RD. N0.44-10 {D) Immediately upon receipt of a registration and prior to the activation of any ali~rm system, the Director of Community Improvement or his her designee shall forward a copy of the application to the Alarm ~ Coordinator. Section 4. That a new Section 112.21, `XAlarm Registration Required; Penalty for Failure to Register", of the Code of C}rdinances of the City of Delray Beach, Florida, shall be enacted as follows: Sec. 112.21 ALARIVI REGISTRATION REC?UIREI)~, PENALTY FOR FAILURE TO REGISTER. ,~A} {11 All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the tune of permit application. Alarm systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. 2~ A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10~,days from the date of the notice of violation to nnake application for the registration. If application for an alarm registration is not made within ten ~10Zdavs of the notice of violation, the person shall be in violation of this Section and shall result in a late charge of one hundred dollars (,~ 100.00 ~B) A registration fee of twenty-five dollars ($25.00 shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm, ~C~ A,pplications having more than one al~~rm s sty em protectin two 2~ or more separate structures shall be required to obtain separate alarm registrations far each structure, unless the structures are~rotected b~ the same alarms sy tem. (D~ Any alarm registration issued pursuant to this Chapter shall not be transferable or assignable. Any change in ownership or tenancy of residential or commercial~aroper.~ to which an alarm registration is assigned shall require a new registration ap~,lication. .~E, Neighborhood subdivisions that have an internal fire and/or burglar ao larm system that is maintained and monitored by a private securi company located within. the subdivision shall pay one registration fee for the entire subdivision. If lt_ie owner or ~ropert~y manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment com~~lex shall obtain an alarm permit for each apartment. All units. whether occupied or not. shall be required to have an alarm permit. Each apartment shall be considered as a separate alarm user. C}RD. NO.44-10 Section 5. That Section 112.22, "Duty of Person Notified to Provide Access to Premises, Render Assistance" shall be repealed in its entirety and a new Section 112.22, "Monitoring Required", of the Code of Qrdinances of the City of Delray Beach, Florida, shaIl be enacted as follows: ~A.. 777 iITT f'1~ 7]T..1?C(1T~ AT/"-'T'T~TCTI Z^v-a-acv ~-rri ~r-z-a-va~a-~:,-.~cs-rT~.^c~-.Z3-.-~~i Ertl ~nhTrTTllc Ar-v'o$J^^r.~TIr~orzra,~~'a-~ Sec. 112.22. MOIVITC1ItING REQUIRED. Each securitylburglar alarm system shall be monitored by a 24-hour alarm monitoring company licensed in the State of Florida. Section 6. That Sections 112.23, "Issuance of Alt~rm Registration; Decal Required", 112.26, "Verification of Alarm; Required Response to Alarm; AI<~rrn User Responsibility; Alarm Malfunction and Corrective Action", 112.27, "Multiple Alarm Malfunctions or False Ali~rms Declared a Public Nuisance; Fee Charges", of the Cade of Ordinances of the City of Delray Beach, Florida, shall be amended as follows: Sec. 112.23. ISSUANCE OF A1~iRI~I REGISTRATIt3N; DECAL REQUIRED. (A) An alarm registration shall be issued by the Director of Community Improvement upon receipt of a completed application. (B) Director of Community Improvement ar his jher designee may inspect the alarm equipment and planned instillation and may require the submission of additional and specific information. (C) Each alarm registration holder shall be issued a decal which shall contain the alarm user's registration number. This decal must be prominently posted at or near the front entrance of the premises covered by the registration so that the decal is visible from the outside of the structure. (D) An application for an aL~rm registration may be denied if: (1) The requested information is not supplied on the application or such additional information as required is not furnished. (2) Material information on the application is incorrect, or an applicant falsifies any statement on the application. ORD. NO.44-10 ~~ {3) If the equipment is found to be inferior and not capable of proper performance. If the business ar alarm user has an unpaid alarm fine ba]ce _at another property in this city. See. 112.26. VERIFICATION OF ALARM; Ii;EQUIRED Ii`.ESPONSE TO ALARIVI; ALARl1~ USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION. {A) All residential or commercial intrusion and burglary alarms that have a central monitor shall have a central monitoring verification ca]1 made to the premises generating the alarm signal, prior to alarm monitor personnel contacting the Police Department for alarm dispatch. 'T'his verification requirement does not apply to fire alarms. Failure to verify alarm activations before requesting a dispatch shall result in the assessment of the alarm monitoring company of a civil penalty of five hundred dollars {$500.00) for each occurrence andlar an assessment of the alarm user of a civil penalty of one hundred twenty-five dollars~S125.00~ for each occurrence, {B) A response to an alarm activation shall result when any officer or member of the Police or Fire Department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system{s), by any means whatsoever, and responds thereto by traveling to that premises. {C} After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Section 112,24 of the activation of the alarm system and such person shaIl thereupon travel to the premises to ascertain the status thereof, Should the person notified fail to appear at said premises within thirty {30) minutes after being notified to da so, the City shall charge the al<<rm user a fee of E~-#~e one hundred dollars {~~~9} ~ 16 00.00. The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report." If nc~ representative is present. the Alarm Activation Report shall be left at the premises, {D} In the event of an alarm activation deemed by the enforcement official to be a-f~lve ~ °~ ~~,a u~~„'~ °-~' an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a ~rlfunetier~ mechanical f~,ilur~ malfunction. improper installation or improper maintenance. and requiring the alarm user or authorized representative to return a completed "Affidavit of Service~Repair" within thirty {30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has a~elly been examined b-alat~ tec-~iei by an alarm contractor licensed in the State of Florida and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the nuisance alarm ~~~ Failure to return an "Affidavit of Service/Repair" within said thirty day {30) period which is satisfactory to the enforcement official ~1 sha11 result in a fine of one hundred dollars { 100=001 or enforcement action in the event of a required fire alarm system per F.S. Section 033.025{3). 8 C>RD. NO.44-10 MALFUNCTIONS IPLE FALSE .ALARMS OR ALAR1t~I FEE CFIAItGES. {A} It is hereby found and deter:ned that the emission of more than three (3} false or alarms malfunctions within a calendar year period at the same premises is excessive p~rl~lie~t~fts~ee. {$} No fee shall be assessed with a valid permit for the first three (3} false or alarms malfunctions at the same premises responded to by the Police Department or the Fire Deparnnent during each calendar year. Thereafter, a fee hall be paid by the alarm user for each false or nuisance alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year as follows: .No cost ,(11 a. First three false nuisance alarm with valid permit .............. Without valid permit, $100.00 far cost of permit and late fee as~rovided in Section 112.21 ~){) .................................. b. Fausth falselnuisance al~~rms. .50.00 c. Fifth false/nuisance alarm ...........................................................................100.000 d. Sixth. seventh. eighth, ninth, and tenth false Inuisance alarms. each .. . ........................................................................200,00 {C} Once a else fire alarm s sy tem has been responded to by the Fire Department, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative until the authorization of the enfarcetnent official has been obtained. {D} Should any fee assessed pursuant to this Chapter remain unpaid in excess of one hundred twenty (120} days from the date of the charge is billed, a collection fee in the amount of eight {8} percent of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee and the alarm user shall be placed on a limited response at the alarm site until Payment of all delinquent fines are received, The alarm user shall also be responsible for any legal fees or costs incurred by the City of Delray Beach in enforcement of this Chapter including an fey es or court casts associated with tiling suit in a court of competent ~urisdictian to collect unpaid fees or casts. Section "7. That Section 112.2$, "Limited Response", of the Code of Qrdinances of the City of Delray $each, Florida, shall be amended as follows: Sec. 112.28. LIMITED Ii;ESP(}NSE. C7RD. N0.44-10 (A) Limited Response shall mean that the Police Department shall respond only to verified emergencies, including but not limited to the following: crimes in progress, panic button calls, silent alarm calls and calls from persons on-site reporting a crime. x ~ cc ~s s ,.~:._,.....a...,, ......~~..,.:.....,...i..... .~r ~~... r. ~,,....~....._..... (B~ An alarm system may be placed on limited response for one or more of the following occurrences; {l} Alarm systems with six f~ or more false alarms. and corrective action larescribed by the Alarm Coordinator has not been completed; or ~2~ The alarm user has response fees which are overdue for sixt~(6 ~ or more calendar des; or ~3~ The alarm stem is unregistered and the applicant has not registered or obtained a permit within thirty (30~ calendar days after notification. r jC) Prior to being placed on limited response. except for an unregistered system. the alarm user shall be notified in writing with the date specific as to when the alarm system shall be placed on limited response. The Alarm Coordinator shall send out notice b~ certified mail to the alarm user. Any unre `stered system shall be automatically lslaced on limited res onse, if the applicant has not registered within thirt~(30} calendar days of notification, until such time that the alarm system is r~stered with 10 ORD. NC>. 44-10 the Cites. In addition, the user of an unre~%stered system or a system installed without a permit may be subject to a notification to appear before a s~-ecial master andlor be issued a City citation. {D} The alarm user shall pay a reinstatement fee of ninety dollars {$90.00) to be reinstated to non-limited response status together with certification by an alarm system contractor that any and all problems with the alarm system have been corrected. Section 8. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Section 112.29, "Appeal of Response Fee and Appeal of I.inuted Response Status", shaIl be enacted as follows: , , r s a , Sec. 112.29. APPEAL QF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS, ,{A~ An alarm user mawappear 1 assessment of the response fee to the Al~~rm Coordinator by filing a written request for review setting forth the reasons for the appeal within thirty {30 calendar days of the incident of alarm. The film of a request for an ap~aeal sta sy~the assessment of the response fees until the Director of Community Improvement or hislher designee makes a final decision. ,{B,} The Alarm Coordinator shall conduct a review and consider evidence presented by the alarm user. The Alarm Coordinator shall make a recommendation to the Director of Community Improvement on the basis of evidence presented. The Director of Community Improvement must render a final decision within forty-five {45~} calendar days after the request for an appeal is filed, ~Cl An alarm user placed on limited response rna~appeal the limited response status by filing a written request setting forth the reasons for the appeal within fourteen t,14} calendar days of receipt of notification. The City's Hearing Official shall conduct a hearing and consider the evidence presented. The decision of the Hearing Officer is final. If an alarm user is found in violation of ci~v code a fine amount may be imposed not to exceed two hundred fifty dollars {$250.00} per day for the 11 ORD. NO, 44-10 first violation and not to exceed five hundxed dollars ~$50Q0~ en r day far a repeat violation. Should an ap,.peai be heard by the Hearing Officer pursuant to Section 162.09. Florida Statutes, and the required corrective action is not taken, a lien mad be imposed an the property where the violation exists and upon any real ar personal prab_~rty awned by the violator. ectian 9. That Section 112.30, "Reserved", of the Code of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: a p~€.~~a~-~~~ 4~-5: Section 10. That Section 112.31, "Reserved", of the Code of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: , , ection 1~. That Section 112.32, "Newly Installed Alarm Systems", of the Cade of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 13. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 14. That this ordinance shall became effective upon its passage on second and final reading. 12 ORD. N0.4410 _„~~~ASSED AND ADAPTED in regular session on second and final reading on this the `~~~ day of ~~~~-~;~.L , 2011, ATTEST: ''~'~~ ,, ~~ City Clerk First Reading ~ ~ mot Second Reading ~ ~ ~~~~ ~~ 13 ARD. NA, 44-10 NOTICE OF LIMITED RESPONSE FOR POLICE ALAR:MSIOVERDUE FEES CITY OF DELRAY BEACH, CERT. MAIL NO.: RETURN RECEIPT REQUESTED Petitioner, Respondent. DATE: CUSTOMER #: As of this date, you have violated one of the following: (1 } failed to register his/her alarm within thirty (30} days of notice of same; (2} failed to provide a written "Affidavit of Service/Repair" within thirty (30} days of false alarm; (3} failed to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120} days; 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 registration 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 business/residence located at: Pursuant to Section 112.28{B} of the City's Code of Ordinances, an alarm system may be placed on limited response for the violations listed above. Limited response is defined as follows: that the police department shall respond only to verified emergencies, (i.e, crime in progress, panic button, silent alarm, and call from person on-site reporting a crime}. You may avoid bein,~plared on limited resnnnse by uayin~ all overdue fees in full. The City's Finance Department must receive rrayment no later titan .Please submit navment to: City of Delray Beach Attn: 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 an your check. Far amounts aver $1,000.00, please submit a cashier's check or money order. Yau will be removed from Limited Response ante check is received and processed by the City's Finance Department. Please allow up to five (5} days for processing. NOTICE OF LIMITED RESPONSE FOR POLICE ALARMSIOVERDUE FEES You may appeal being placed on limited response by tiling a written appeal setting arch the reasons for the appeal within fourteen (14) calendar days of receipt of this notice by sending the appeal to the L[owin~; Limited Response Aggeal Attn: Alarm Coordinator 300 W. Atlantic 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 SHALL BE EFFECTIVE ON ONCE PLACED ON LIMITED RESPONSE STATUS, THERE IS A NINETY DOLLAR {$94.44) REINSTATEMENT FEE IN ADDITION TO YOUR OVERDUE FEES TO TAKE YOUR ALARM OFF OF LIMITED RESPONSE. Upon receipt of a timely written appeal, a hearing wilt be scheduled before our Hearing Officer. Nance of the hearing wilt be sent to you after receipt of your written appeal. The Hearing Officer shaft conduct a hearing and canstder the evidence presented pursuant to Chapter 152, Florida Statutes. At the conclusion of the hearing, the Hearing Officer shall issue Findings of fact, based upon the evidence presented and conclusions of law, and shall issue an order. If an order requires action to be taken to comply with the requirements of the false alarm ordinance by a specific date, a fine may be imposed in an amount pat to exceed 5544.44 per day far each day that the system is pat in compliance after the specified date. If the required corrective action is pat taken, a lien may be imposed on the property where the violation exists and upon any rest ar personal property awned by the violator. Janice Abrahim, Alarm Coordinator I HEREBY CERTIFY that an original lYatice of Limited Response for overdue fees was furnished by regular and certified mail, return receipt requested to: Name• Address: and a copy of the Notice of Limited Response for overdue fees was furnished by regular and certified mail to: Address• On this day of , 200, Janice Abrahim, Alarm Coordinator cc: Anthony Strianese, Chief of Police Lula Butler, Director of Community Improvement 2 Updated lnfarmatio» far Item 10.A. MALFUNCTIONS IPLE FALSE .ALARMS OR ALAR1t~I FEE CFIAItGES. {A} It is hereby found and deter:ned that the emission of more than three (3} false or alarms malfunctions within a calendar year period at the same premises is excessive p~rl~lie~t~fts~ee. {$} No fee shall be assessed with a valid permit for the first three (3} false or alarms malfunctions at the same premises responded to by the Police Department or the Fire Deparnnent during each calendar year. Thereafter, a fee hall be paid by the alarm user for each false or nuisance alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year as follows: .No cost ,(11 a. First three false nuisance alarm with valid permit .............. Without valid permit, $100.00 far cost of permit and late fee as~rovided in Section 112.21 ~){) .................................. b. Fausth falselnuisance al~~rms. .50.00 c. Fifth false/nuisance alarm ...........................................................................100.000 d. Sixth. seventh. eighth, ninth, and tenth false Inuisance alarms. each .. . ........................................................................200,00 {C} Once a else fire alarm s sy tem has been responded to by the Fire Department, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative until the authorization of the enfarcetnent official has been obtained. {D} Should any fee assessed pursuant to this Chapter remain unpaid in excess of one hundred twenty (120} days from the date of the charge is billed, a collection fee in the amount of eight {8} percent of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee and the alarm user shall be placed on a limited response at the alarm site until Payment of all delinquent fines are received, The alarm user shall also be responsible for any legal fees or costs incurred by the City of Delray Beach in enforcement of this Chapter including an fey es or court casts associated with tiling suit in a court of competent ~urisdictian to collect unpaid fees or casts. Section "7. That Section 112.2$, "Limited Response", of the Code of Qrdinances of the City of Delray $each, Florida, shall be amended as follows: Sec. 112.28. LIMITED Ii;ESP(}NSE. C7RD. N0.44-10 (A) Limited Response shall mean that the Police Department shall respond only to verified emergencies, including but not limited to the following: crimes in progress, panic button calls, silent alarm calls and calls from persons on-site reporting a crime. x ~ cc ~s s ,.~:._,.....a...,, ......~~..,.:.....,...i..... .~r ~~... r. ~,,....~....._..... (B~ An alarm system may be placed on limited response for one or more of the following occurrences; {l} Alarm systems with six f~ or more false alarms. and corrective action larescribed by the Alarm Coordinator has not been completed; or ~2~ The alarm user has response fees which are overdue for sixt~(6 ~ or more calendar des; or ~3~ The alarm stem is unregistered and the applicant has not registered or obtained a permit within thirty (30~ calendar days after notification. r jC) Prior to being placed on limited response. except for an unregistered system. the alarm user shall be notified in writing with the date specific as to when the alarm system shall be placed on limited response. The Alarm Coordinator shall send out notice b~ certified mail to the alarm user. Any unre `stered system shall be automatically lslaced on limited res onse, if the applicant has not registered within thirt~(30} calendar days of notification, until such time that the alarm system is r~stered with 10 ORD. NC>. 44-10 the Cites. In addition, the user of an unre~%stered system or a system installed without a permit may be subject to a notification to appear before a s~-ecial master andlor be issued a City citation. {D} The alarm user shall pay a reinstatement fee of ninety dollars {$90.00) to be reinstated to non-limited response status together with certification by an alarm system contractor that any and all problems with the alarm system have been corrected. Section 8. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Section 112.29, "Appeal of Response Fee and Appeal of I.inuted Response Status", shaIl be enacted as follows: , , r s a , Sec. 112.29. APPEAL QF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS, ,{A~ An alarm user mawappear 1 assessment of the response fee to the Al~~rm Coordinator by filing a written request for review setting forth the reasons for the appeal within thirty {30 calendar days of the incident of alarm. The film of a request for an ap~aeal sta sy~the assessment of the response fees until the Director of Community Improvement or hislher designee makes a final decision. ,{B,} The Alarm Coordinator shall conduct a review and consider evidence presented by the alarm user. The Alarm Coordinator shall make a recommendation to the Director of Community Improvement on the basis of evidence presented. The Director of Community Improvement must render a final decision within forty-five {45~} calendar days after the request for an appeal is filed, ~Cl An alarm user placed on limited response rna~appeal the limited response status by filing a written request setting forth the reasons for the appeal within fourteen t,14} calendar days of receipt of notification. The City's Hearing Official shall conduct a hearing and consider the evidence presented. The decision of the Hearing Officer is final. If an alarm user is found in violation of ci~v code a fine amount may be imposed not to exceed two hundred fifty dollars {$250.00} per day for the 11 ORD. NO, 44-10 first violation and not to exceed five hundxed dollars ~$50Q0~ en r day far a repeat violation. Should an ap,.peai be heard by the Hearing Officer pursuant to Section 162.09. Florida Statutes, and the required corrective action is not taken, a lien mad be imposed an the property where the violation exists and upon any real ar personal prab_~rty awned by the violator. ectian 9. That Section 112.30, "Reserved", of the Code of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: a p~€.~~a~-~~~ 4~-5: Section 10. That Section 112.31, "Reserved", of the Code of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: , , ection 1~. That Section 112.32, "Newly Installed Alarm Systems", of the Cade of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its entirety as follows: Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 13. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 14. That this ordinance shall became effective upon its passage on second and final reading. 12 ORD. N0.4410 _„~~~ASSED AND ADAPTED in regular session on second and final reading on this the `~~~ day of ~~~~-~;~.L , 2011, ATTEST: ''~'~~ ,, ~~ City Clerk First Reading ~ ~ mot Second Reading ~ ~ ~~~~ ~~ 13 ARD. NA, 44-10 NOTICE OF LIMITED RESPONSE FOR POLICE ALAR:MSIOVERDUE FEES CITY OF DELRAY BEACH, CERT. MAIL NO.: RETURN RECEIPT REQUESTED Petitioner, Respondent. DATE: CUSTOMER #: As of this date, you have violated one of the following: (1 } failed to register his/her alarm within thirty (30} days of notice of same; (2} failed to provide a written "Affidavit of Service/Repair" within thirty (30} days of false alarm; (3} failed to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120} days; 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 registration 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 business/residence located at: Pursuant to Section 112.28{B} of the City's Code of Ordinances, an alarm system may be placed on limited response for the violations listed above. Limited response is defined as follows: that the police department shall respond only to verified emergencies, (i.e, crime in progress, panic button, silent alarm, and call from person on-site reporting a crime}. You may avoid bein,~plared on limited resnnnse by uayin~ all overdue fees in full. The City's Finance Department must receive rrayment no later titan .Please submit navment to: City of Delray Beach Attn: 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 an your check. Far amounts aver $1,000.00, please submit a cashier's check or money order. Yau will be removed from Limited Response ante check is received and processed by the City's Finance Department. Please allow up to five (5} days for processing. NOTICE OF LIMITED RESPONSE FOR POLICE ALARMSIOVERDUE FEES You may appeal being placed on limited response by tiling a written appeal setting arch the reasons for the appeal within fourteen (14) calendar days of receipt of this notice by sending the appeal to the L[owin~; Limited Response Aggeal Attn: Alarm Coordinator 300 W. Atlantic 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 SHALL BE EFFECTIVE ON ONCE PLACED ON LIMITED RESPONSE STATUS, THERE IS A NINETY DOLLAR {$94.44) REINSTATEMENT FEE IN ADDITION TO YOUR OVERDUE FEES TO TAKE YOUR ALARM OFF OF LIMITED RESPONSE. Upon receipt of a timely written appeal, a hearing wilt be scheduled before our Hearing Officer. Nance of the hearing wilt be sent to you after receipt of your written appeal. The Hearing Officer shaft conduct a hearing and canstder the evidence presented pursuant to Chapter 152, Florida Statutes. At the conclusion of the hearing, the Hearing Officer shall issue Findings of fact, based upon the 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 the false alarm ordinance by a specific date, a fine may be imposed in an amount pat to exceed 5544.44 per day far each day that the system is pat in compliance after the specified date. If the required corrective action is pat taken, a lien may be imposed on the property where the violation exists and upon any rest ar personal property awned by the violator. Janice Abrahim, Alarm Coordinator I HEREBY CERTIFY that an original lYatice of Limited Response for overdue fees was furnished by regular and certified mail, return receipt requested to: Name• Address: and a copy of the Notice of Limited Response for overdue fees was furnished by regular and certified mail to: Address• On this day of , 200, Janice Abrahim, Alarm Coordinator cc: Anthony Strianese, Chief of Police Lula Butler, Director of Community Improvement 2 Updated lnfarmatio» far Item 10.A. Coversheet MEI~~IC11~;ANDITl1~I TO: Mayor and City Con~nissioners FROM: David,T. Harden, City Manager DATE: December 14, 2010 Page 1 of 1 SUBJECT: AGENbA ITEM 20.A, -REGULAR COMMISSIQN MEETING OF JANUARY 4, 2021 ORDINANCE NC}. 44-10 ITEM BEFORE COMMISSION This ordinance is before Commission amending Chapter 112 "Alarm Systems", of the Code of Ordinances. BACKGItOUNT1 At the first reading on December 7, 2010, the Commission passed Ordinance No. 44-10. RECOMMENDATION Recommend approval of Ordinance No. 44-10 on second and final reading. http:llitwebapplAgendalntranettBluesheet.aspx?ItemID=4071 &MeetinglD=280 115!2011 ORDINANCE NO. 44-10 AN ORDINANCE OF 'I'F-~ QTY COI~~SSION OF TTY QTY OF DELRAY BEACH, ~RIDA,, AMENDING CI-1~~I'TER 112, "A-LARM SYSTEMS", OF TFIE CODE OF ORDII~L4NCES OF THE CTI'Y OF DELRAY BEACH, FLORIDA, BY A-INENDING SECTION 112.03, "DEFINTTIONS", A-~~IENDING CERTAIN DEFINITIONS; A-~rrIIENDING SECTION 112.04, "PROHIBITION", TO PROVIDE ~-N ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFET;ABLE" IN ITS ENTIRETY BY A.-MENDING SECTION 112.21, "APPLICATION FOR A,LARNI REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION", TO PROVIDE INCREASED FINE A1t~}LINTS AND TO REQL~I[tE THAT APARTMENT COMPLEX OV'JI~TERSIPROPERTY I~~INAGER MUST OBTAIN ALARM PERMITS FOR EACH UNIT A1~D RENUMBERING; E NAC'TING A NEW SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL", TO PROVIDE FOR ANNUAL RENEWALS; REPEALING SECTION 112.22, "DUTY OF PET;SON NOTIFIED TO PROVIDE ACCESS TO PREMISES, RENDER ASSISTANCE" IN ITS ENTIRETY ACID ENACTING A NEW SECTION 112.22, "~,4C}NITORING REQUIRED", TO PROVIDE MONITORING REQUIREMENTS; AMENDING SECTION 112.23, "ISSUANCE OF ASS REGISTRATION; DECAL REQUIRED" TO PROVIDE ADDITIONAL CRITERIA FOR DENIAL OF ALAIZIvi PERMITS; AMENDING SECTIONS 112.26, "VERIFICATION OF AI.AI2IV~; REQUIRED RESPONSE TO A-I~~]~:[~ ALARM USER RESPONSIBILITY; .ALARM IVZALFUNC'I'ION AND CORRECTIVE ACTION",112.27, 'TmCJLT'IPLE ALARM MAt,-FUNCTIONS OR FALSE AZAI~l1tl,5 DECLARED A PUBLIC itiILTISANCE; FEE CTIARGES", TO PROVIDE G~UATED FII~TES, AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE ALAR1~~, OVERDUE FEES AND FAILURE TO REGISTER; REPEALING SE~'TION 112.29, "APPEAL", AND ENACTING A NEW SECTION 112.29, "APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS"; TO PROVIDE FOR LIMITED RESPONSE AN© APPEAL OF SAS; REPEALING SECTIONS 112.30, "RESERVED", 112.31, "RESERVED", ANA 112.32, "I~TEWLY INSTALLED AZ.AItIvi SYSTEIir~;" IN THEIR EI~FI'IRETY; PROVIDING A GENERAL REPEAZER CLARE, A SAVING CLAUSE AND AN EFFECTIVE DATE, U~REAS, the City Cort~mission has the authority to protect the public health, safety and ~n~lfam of its citizens; and UJHEREAS, the City Camrnission has detemir~ed it to be in the public's best interest to establish x~:asonable x~~, .~lations r~~rding arm systems. NOW THEREFORE, BE IT ORDAII~TED BY THE CITY COR~SSION OF T'HE CITY OF DELTtAY BEACH, F'L.ORIDA AS FOLLOWS: Section 1. That Section 112.03, "Definitions" and 112.04, "Prohibitions", of the Code of Ordinances of the City of Delray Beach are hereby amended as follows: Sec. 112.03. DEFINITIQNS. For the p~upose of this Cli~pter, the follov~~ing definitions shall apply unless the context clearly indicates or ~~ a cliffs meaning Mann The sound or signal of an all~m s;~stem. A lama rralf i~irna. The activation of any allaim v~fiich results in the response of the Police Department or the Fire Departzne7~#, caused by mechanical failure, malfunction, improper insti~on or lack of proper maintenance or any other response for which Police or Fire Deparkrr~nt personnel are unable to gain access to the pren~ses for any mason, or are unable to determine the aplyarent cause of the alarm activation Alarm raratum. A nitration ivssued by the City N1ana~r or his designee allowing the operation of an alarm s;~stem witlin the city of Delray Beach and signifying compliance of the allarm system with the provisions of this Chapter. Alarm s~stc~az Any mechanical, eli'ctrical or radio-controlled device which is desigrued for tl~e detection of smoke, fire, unauthorized entry or other activity n~l'irtg urgent attention, and which when activated emits a sound or transmits a signal or message b`i'nd the premises to alert otl~:rs of an emr~~ency situation Alarrrz falmiaan Asiy person who inspects, installs, x~'pairs or penfomts maintenance on alarm system and is lieet~sed by the State of Florida or works under astate-lick allarm contractor, Alarm Any individual, partnership, cozparation or other entity in control of any building structure, fa~dlity or premses, or portion themof, where an ~ system is located and maintained. A ztanmtr`c dialing dais or digital alarnz urtrnrurr~trn: An ~ s!~stem which automatically trar~nnits a recoreled message or coded signal over regular tf~elr~hone lines by direct connection or 2 ORD. NO.44-10 otherwise, indicating the existence of the emergency situation Shat the alarm system is designed to detect. Erlm~t c~~uzai. As to secunityjbwrglar alarm systems, the ck~ie£ of Police or his designated representative; as to fire alarm. systems, the Fire C~nef or his desigru~ted xn~resentative. Fatsr' a~~rtx An alarm for which a govemrnental agency leas made an inspection of the prerrrises within a zeasor~able time after the activation of an ~ and finds no apparent zeasan for the alarm except a possible alarm nrtizlfurrction, or an activation that sounds with no physical evidence of prying fon~in~M or damaging to access paints of a stnacture. An allarm is not considered a false alarm if the ~ is activated by unusually violent conditions of nature or due to malicious cause's beyond the control of the alarm user. L i»ut~i Rc~rrs~ The Police Departrr~ent ahall ~~ only to verified ernergerrrx~es, ie, crirrre in progress, panic button, silent alarm, call from f??~'Ori an-site or alarm company to report a crime. Pr.srs. Any building, structure or facility and adjoining property which is protected by and upon wYrich is installed an ~ system. Rafuir~i op~nkzr u~trn s~,stem An alarm. system which the owner of a premises is required to maintain in an operative condition prusuant to statute, law, ordinance, rule or r~~, .elation of any governmental entity. Smalce defcx#in: A device which detects the visible or invisible particles of combustion. Sec. 112.04. PRt?HIBITIQNS. {A} No person,, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm cl ~vic~e or digital. allarm commaulicator system over any telephone liras exclusively used by the public to directly request emergency service. (B} Audrble securityJbunglar ~ systems which ~ not autamaticall3' deactivate within fifteen {15} rninukes after activation are prohibited. {C) Fire alarm systems ulxich automaticaiCly deactivate are prohibited. {D} Al~rrm systems which transmit an allanm sound or signal in the event of a power restoration after a power failure are prohibited f E L ~~larm~sc~stems slhall not directly dial police or fire delaattrr~~n~tts. Section 2. That Section 112.2(}, "Alarm Registration Re~~uirecli Fee; Term of Re;~ishration; Nontransferable", of the :ode of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. 3 t7RD. NC1.44-10 . - ~ : Section 3. That Section 112.21, "Application far Alarm R:~~istration; l~:eporting C1~rged to Required Information", of the Carle of C}rc~an,ces of tl~e City of Defray Beach, Florida, is ren~~ed Section 112.20 and am~ded as follows: Sec. 112.2U. APPLICATION FOR ALARM REGISTRATION; REPORTING CI3ANGES TO REQUIRET? INFORMATION; RENEWAL. (A} (1} Application far an allarm registration shall be rr~3e by a person hiving control over the property on which the allaim s?~'texn is to be operated. Such application shall be n in writing to the E~~~~~g-E~€f Director of Comrrrurtity Izxvement ar hislher desx- an a form de~gz~ated by the City for thak purpose. N~ig~barltaod subdivisions referred to in Section ~~:28 112.21(E ) shall comply with st~eer~s Section 112.20 {B}(2} and E4} ,~ ,and shall pmvide er~~ e j~ en~rl~ncy contracts far the pw.pose of complying with st~3see-ties Section 112.20 (B) (~ ~. CtRD. NO.9~4-10 {~~}~ Each year, by Ah~rch 1, x~renewai applications sllali be filed in axxier to enstue all infomiatian is caxrect. ale A fee of thirty dallazs ($30.} shall be {B} On such application, the application slxall set forth: {l} The name, access and telephone nuamber of the applicant's property to be serviced. by the alarm, inclu' any bus~ir~~-s rune used for the pxemises:~ (2} The name, a and tf~ne number of the applicant, if different from the property to be serviced:, {~} ~ The narr~e, address and tine nurr~ber of the ~ bt~ress inskallisl or xnxint<unirtg the alarm systerr4 a~ anyt2 {~} ~ T'he date of activation of the allarm systerr~; and {~} ~, Emergency notification. The names, addresses and telephone numbers of at least tvao (2} persons ar entities who can be contacted at any tirre for the follov+~ing pu~O'ses: (a) To receive ratification of alarm activation (b) Ta arrive at the alarm site within thirty (30) xnir-utes after r+ecei~~ng a x~~~est from the Police Depaxtrrerrt ar Fire Departrr~nt to do so; and {c} Ta grant access to ar enter the prc~rni.~~s and deaCkivate the alarm ~~ (C} The infoxrr~tion set forth in subsection {$) shall be updated each year and be l~~ current by the registration holder. T'he registration holder shall notify the 1=~~i~e Alarm Coaxdinatar within ten (10} days of any charges in this irtfannation and shall each year provide a new application as required. by Subsection 112.240(A}(4}{~. Failure to renew alarm n~stratian of this Chapter arm ~ result in a late charge of t~- one hundred cb~ ~ {$100.00) arud if renewal application is rat received within snxty l~~da~ of the rervewal date, there shhall be limited ~~ by the Cityrs Police Departrnent. 5 ORD. NO.44-10 (2} New alarm systerrr shall be ~~ for tv~entyzfive dollars ($?Sl ate-east ~€ (D} Iznrr~ediately upon n~;eipt of a rngistration and prior to the activation of any alarm system, the ~~~t~ag-~~fie~ Director of Co~nunity Improvement or his her designee small fann~ard a copy of the application to the Alarm Coorc~nator. Section 4. That a new Section 112.21, „Alarm Registration Required; Penalty for Failure to Rel~ster", of the Cam of Ordinances of the City of Delray Beach, Florida, sl~ali be enacted as follows: Sec. 112.21. ALARM REGISTRATION REOUIIi:EDz I"EIw?.ALTY FOR FAILLIIi:E TO REGISTER. ~A~_~1~ ~-larr..n systems irta]]ed prior to the effective date of this ordinance shall be required to obtain a valid al~rrn registration upon the errnssion of one false/nuisance alarm alrrn neon is assigned shall recltzire a new registration application. (E} Neighborhood subdivisions that have an internal fire andlor burglar ~ system that is maintained and monitored b~private security con~an3' located within the subdivision shall ~v, one rirgistration fee for t1~ entire subdivision. apartment. All units, v~rltether occupied or not, shall be required to have an alarm ~ernut. Each ap~rhtnent shall be considered as a separate alarm user. ORD. NO.44-1 ,(B~ A registration fee of t~nty~five dollars ~$25.IX}} shall l~~r,~d to tl~e allarm user after notification and receipt of notice of violation due to the emission of ore false alarm ecti n 5. That Sin 112.22, "Duty of Peason Notified to Provide Access to Premises, R p-ssistance" shall be repealed in its entirety and a raew S+~ckion 112.22, "1~/Ianitorir~g R~uimd", of the of ©rdinances of the City of Delray Beach, Florida, shall be enacted as follows: . , Sec. 112.22, MONITORING REQUIRED. E ash securitylburgiar allaYm system shall. be monitored by a 24-hour alarm. monitoring carn~any licensed in the State of Florida. an That S+~ctians 112.23, `Issuance of Aiatm RegisEratian; Decal Re~~r', 112.26, "Verification of fi~acxr~; Required Response to A-larrn, Alarrm L7ser 1Z;~pansability; Alarm 14lalfunctian atui Corrective Actiian", 112.27, `multiple Alarm I~~1f~,mctians ar False Alarms Declared a Public NulSance; Fee C1-~aar~es", of the Code of On~nances of tbe City of Delray Beach, Florida, sl:~a11 be amended as follows: Sec.112,23. ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED. (A) An alarm registration shall be isstaed by the ref--l~il~ng-4€€ie~ Director of CammaanityIn~rovernent upon receipt of a completed application. {B} Director of Comtnuniiy Irnprovem~t or luslher designee may izaspE~ct the allarm equipment and planned ir>Stallation and may require the submission of additional and specific information {C} Each allarm r~'~tion holder shall be % a decal which shall contain the alarm user`s registration number. This decal n nxt be promirtetttly pasted at ar near the front entrance of the prerYVSes covered by the registration so that the decal is viisable from the outside of the stnact~u+e. (D} An application for an alarm registration may be coed if: (1} The requested information is not supplied an the application or slash additional infom~tian as requir~*d is not faamislted. (2} Ivtatf~ial information on the application is incorrect, ar an applicant falsifies any statement on the application 7 C}RD. NQ. 44-10 {3} If the equipment is found to be inferior and not c~rpable of proper perforrruance. ~;} If the business or alrrrr user has an unpaid alarm fine balance at another prapert~ in this cit~r Sec. 112.26. VERIFICATION OF ALARM; REQUII~~,ED RESPONSE TO AL.ARIYI; A? .ARM USER RESPONSIBILITY; A.I,ARl1~i MALFUNCTION AND CORRECTIVE ACTION. {A) All residential or rnmmercial intrusion and burf~~ty alaixns that Dave a central monitor shall have a central monitorirug ration call made to the premises gener~rting the alarm sii~inal, prior to ~ monitor personnel conti~cting the Police Departrrent far ~ dispatch This verification requ~remer~t claw not apply to fire alarms. Failure to verify ~ activations before requesting a dispatch sl>all r+~ult in the assessment of the allarm monitoring corny of a civil penalty of five hundred dollars {$500,0(}) far e<~h occurrence aridlar an a.5sessrrrertt of the ~ user of a civil penalty of one hundred tvrer-t~five clod {$125.00} for each occurrence. {B} A r~~ponse to an ~ activation shall result when any officer or member of the Police or Fire Deltrr~ent shall be dispatthe~l to the prer~st'.s where the ~ has been activated or le~~rns of the activation of the alarm. ~ystem{s), by any means whatsoever, ar~d responds thereto by traveling to that premises. {C} After responding to an alarm activation, the enforcement official may ruatify any person identified in the allarm xu~~stration appli~~ation fn~aarrt to Section 112.2 of the activation of the alarm sY~stem and such person shall ther~rpon travel to the prerrrises to ascertain the status thereof, Should the person rwtified fad to appear at said premises within thirty (30} minutes being notified to do so, the City shall ~ the alarm user a fee of sevant~€i~ae one hundred dollars ~9~:89} ,100.00.). The officer ar member of the Police Departrr~ent or Fire Department who xu~panded to said prenr~ses shall serve the allarm user or attkl~ri~ed repr~s~~utative with an "Alarm Activation Report." If no representative is present, the Alarm Activation Rer~ort shall be left at the premises. {D} In the e~v~nt of an allanm activation deemed. by the enforcement official to be a-#~,se a6 as-~:~lt-€~ an alarm malfunction, the alarm user or authari:d rnpresentativ~e v!aill be served an "Alarm Activation Report" irurlicating that the activation was deerr~ed to be tree result of a ~~ mechanical failure, rr~tlfunction, irr~roper insti~liatian ar irxuproper maintenance. and regLririrtig the alarm user or authari~ed represerutative to return a completed "Affidavit of Service~E~epair" within thirty {30) days of said claim activation which can verify to the satisfaction of the enforcement official that the ~ s!i?stem in question hays ~et~~ been examined l-alarm ~~ian by an ~ contractor licensed in the State of Florida and that a bona fide ai:ternpt has beers made to identify crud correct any defect of do~;~, installation or operation of the alarm s±~stem which was iclc~ttifiable as the cause of the nuisance alarm ~a~,c-t3'sru. Failure to return an "Affidavit of ServieejEtepair'' within said thirty day {30) period which is satisfactory to the enforcement of3~ial ~l~uall result in a fine of one hunehu~d dollars 0100.00} or enforcement action in the event of a regcrired fire ~ s!~ per F.S. Section 633.025{3). 8 QRD, NC}. 44-10 Sec, 112.27. MULTIPLE FALSE Ai.ARMS 4R ALARM MALFUNCTIC}NS ;FEE CHARGES. (A} It is hereby found and mined that the errii~sic>n of mare than tlu~ee (3} false or ala~rtris 17tialfunctians within a calendar yQar period at the same pre~crmses is excessive a~~e~s~es-a p~l~;?s<. {B} No fee shall be assE~sed with a valid permit for the first three (3} false car alarm rnalfi~ictions at the same premises z~~porici4ed to by the Police Department or the Fire Department daring each cala~dar year. Thereafter, a fee . be paid by the allarm user far each false or nunsarice allarm responded to by the Police Department or the Fire Department at the sarre premises din ing each calendar year follows: {1} a First three falselnuisance alarm with valid perniit .................................No cast b. Fourth falselnuisarice al~~cns ......................................................................... 0.00 c. Fifth falselnuisance a]Iarm ...........................................................................100.Ot10 d Six:tki, seventh, eighth ninth, and tenth f~lnuisance alam~s, each., .200.00 (C} C}r~e a €alse fine allarm ~~tem has tacit responded to by the Fire Deprarkrriexit, it shall be ~uilavuftil far the alarm p~ctel to be reset by the alarm user or author7~zed repr~seittative iuttil the aukharization of the enforcement affiaal has been obtained (D} Should any fee asses:~d pursuant to tl~iis Chapter rerr>ain unpaid in excess of one hundred twenty (120} days from flue date of the dharge is billed, a collection fee in the amount of eight (8} percent of the outsttutding balGrnce shall be ~~sessed and shall be payable by the alarm user in a~~tion to the original fee and the alarm user sha11 be placed on a limited response at the alarnt site until pay~mextt of all d~Jincfuent fines are received. 'The alarm user shall also be responsible for any legal fees or costs incurred by tbe City of Delray Bench. in enforc~:ment of this C~iapter incl~rdirtg_any fees ar `3ection 7. That Section 112.28, "I.~rriited Re`panse", of the Code of C7rdinances of the City of Delray Be~:h, Florida, shall be amended as follows: Sec. 112.28, LIMITED RESPC}NSE. 9 tJ1tD. NU. 4-10 {A) Limited Respa~ ~ mean that the Police Del~rtrnent shall respond only tt> verified emer~rucies, incl~diog but not limited to the falla~+ crirr~es in progress, ~ button calls, silent allarm c;~lls andcallsfrom persons on-site reporting a crime. ~i An alarm s;~stem maybe Placed an limited res~Ponse for one ar mare of the fallowing occurrences: Alarm systems ~ six (til or more false alam~s, and corrective action Prescribed the Alarm t:~ozxlinator has not bears. comPlE~tecl: or ~} The allarm user has r~+r~anse fees which are overdue for suety (f~l) or more calendar dad: or ,~3) The alarm s~vstem is Lmregist~~ed and the applicant has not registered or obtained. a Pmt within tlurt~(30l calezular dais after notification. 10 C?RL}. NC}. 44-10 Lmrf~stened s~,tern shall be automatically Placed on limited response, if the applicant has not x~'gistered within.. tllirtv (30) cal~~ days of nc~ttfication. Lentil. s~rh tore that the ~ s~~stem is regis~~ed with the City In addition the user of an uru~stered s;~ttetn or a system installed without a pemtit n~ be s~.~-ect to a ratification to a~-rea~ r before a speaal n arui/or be issued. a City citation. (L}} The allarm user shall pay a reixistatexnertt fee of ninety dollars ($9i}.00} to be reinstated to non-limited rESponse s~itus together' with ceztification by an allarm s~;stern contractor that any and all problems with the alarm s!stem have been corrected Section 8. That Section 112.29, "p~peal,,, of the Code of C}r~iinances of the City of Delray Bea~:.l~, Florida, shall be repealed in its entire'-t3' acid a new ~?ction 112.29, "Appeal of l~:esponse Fee and A.~peal of Limited Response Status", shall be enactE~cl as follows: . , Sec. 222.29, APPEAL OF RESPUNSE FEE ANI3 APPEAL C}F LIMITETI RESP©NSE STATUS. (A} An alarm user may ~~~eal assessrn~ent of the resnonse fee to the Alarm Coarc~nator by filing a writt'exi ri for review setting forth the reasons far the ar-neal within thirty (30~endar a r dates of the incident of alarm. The filing of a request far an meal st~~ tree asses~rtt of tl~e respor~e fees until the Director of Camnurnity Improvement or hisllver designee makes a final decision. ~B} The Alarm Coor~~nator shall cow a review anti consider evidence vresenbad by the alarm user. The Alarm Coordinator shall make a reconrmennclation to the Director of Cartrxtunity 11 ORD. NO.44-10 presented The decision of the l`Iearing Officer is final. If an alarm user is found in violation of citX code, a fine arrraunt maybe imt~ased not to exceed taw htmc~d fifty dollars ($250.O1},~-fir' far tl~e Section 9. That Section 112.30, „Rv~d", of the Code of tJrc~~nces of the City of Delray Beach, Florida, shall be repealed in its entirety as follows: • ! l t t . , ~3aSfiE?f-~~f ~-~: Section 10. That Section 112.31, "Itese.rved", of the Code of Ordinances of the City of Delray Beach, Flom shall be r~;pealed in its entirety as follows: . ~ , . , , Section 11. That Section 112.32, "Newly Instaalled t~-lann Systems", of the Code of C?t~:Iinances of the City of >/~elray Beath, Florida, sltiall be repealed in its erxtirnty as follows: Section 12, That should any section or provision of this an~inance or any portion thereof, any paragraph, sentence, clause or x~axd be declared by a court of competent jurisdiction to be invalid, such deasion shall net affect the validity of the ren~aind~er hereof as a whole or part hereof other than the part decl~~red invalid. Sect:~n 13. That all ordinances or parts of arcl~~es in conflict herewith be, acid the Sarre are hereby repealed Section 14, That this ordiztimce shall became effective upon its passage an second and final x~x 12 ORD. NC}, 44-10 PASSE D A1~~D ADOPTE D m n~;ular session on second and fir~l ~r_ading on this tl~e day of , 2010. ATTEST. City Clerk Fast Re~~~ing S~~co~l Ong MAYC}R 13 C}IZD. ND. 44-10 Coversheet ~~~~~~~~ Td: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement T'HR4UGH: David Harden,City Manager DATE: December 2, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 7 2010 ORDINANCE NO.44-10 ITEM BEFORE COMMISSION City Commission approval of Chdinance 44-10, Chapter 112, "Alarm Systems" an first reading, BACKGROUND Pursuant to direction from the Gammissian, staff is presenting for consideration an amending ordinance for Chapter 112 of the City Code of Ordinance governing Alarm Systems far approval an first reading. Highlights of the amendments include: I. Mandatory registration and annual renewal requirements with associated fees. 2. Requirement to report changes to required information within a 10-day period, 3. Increased fine amounts. 4. Falselnuisance alarm fee charges to provide graduated fines and court cost for the collection of unpaid fines. 5. To provide limited response far false alarms, overdue fees and failure to register. C. Enacting a new section an appeal of response fee and appeal of limited response status. Staff is estimating that the annual revenues far the first year of implementation should be approximately $35,000, This projection is based an the Ordinance being formally adopted an January 4, 2011 and the first annual renewal process to be completed between April and July, 2011. FIECOMMENDATION Staff is recommending City Commission approval of Ordinance 44-10 an first reading and to schedule the same far public hearing and final adoption at the January 4, 2011 regular meeting. http:Jlitwebapp/AgendaIntranettBluesheet.aspx?ItemID=4028&MeetingID=2~8 121812010