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Ord 08-11ORDINANCE NO. 08-11 AN ORDINANCE OF THE CITY 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 SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL BE FILED BY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR BURGLAR/FIRE ALARMS; 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. 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: Sec. 112.20. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL. (A) (1) Application for 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 his/her designee on a form designated by the City for that purpose. Neighborhood subdivisions referred to in Section 112.21(E) shall comply with Section 112.20 (B)(2) and (3) and shall provide two (2) emergency contacts for the purpose of complying with Section 112.20 (B)(5). (2) New alarm systems shall be registered for twenty-five dollars ($25). (3) Each year, by ~ May 1, renewal applications shall be filed in order to ensure all information is correct. A fee of thirty dollars ($30) shall be required. (B) On 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; (3) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any; (4) The date of activation of the alarm system; and (5) 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 Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.20(A)(3). Failure to renew alarm registration of this Chapter shall result in a late charge of one hundred dollars ($100.00) and if renewal application is not received within sixty (60) days of the renewal date, there shall be limited response by the City's Police Department. (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Community Improvement or his/her designee shall forward a copy of the application to the Alarm Coordinator. Section 2. That a new Section 112.21, "Alarm Registration Required; Penalty for Failure to Register", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Sec. 112.21. ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. (A) (1) All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the time of permit application. 2 ORD. NO. 08-11 ja), Burglar ~ralarm 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. jbl Fire alarm stems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon notice from the fire-rescue department. (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 make application for the registration. If application for an alarm registration is not made within ten (10) days 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 ($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) Applications having more than one alarm system protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. (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 property to which an alarm registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored by a private security company located within the subdivision shall pay one registration fee for the entire subdivision. (F) If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex 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. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. 3 ORD. NO. 08-11 PASSED AND ADOPTED in regular session on second and final reading on this 15`h day of March, 2011. ATTEST: ~ ~~~ ~.~~ City Clerk First Reading ~ \ ~0~~ Second Reading ~ ~~ ~~~ 4 MAYO ORD. NO. 08-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 3, 2011 SUBJECT: AGENDA ITEM 10 E -REGULAR COMMISSION MEETING OF MARCH 15.2011 ORDINANCE NO. 08-11 Page 1 of 1 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider approval to amend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration; Reporting Changes To Required Information; Renewal", and 112.21, "Alarm Registration Required; Penalty For Failure To Register", to provide that renewals shall be filed by May 1st each year and to clarify registration requirements for fire alarms. BACKGROUND At the first reading on March 1, 2011, the Commission passed Ordinance No. 08-11. RECOMMENDATION Recommend approval of Ordinance No. 08-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4255&MeetingID=288 3/16/2011 ORDINANCE 8-11 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANG E S TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL BE FILED BY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR BURGLAR/FIRE ALARMS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Corrunission 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 regardumg alarm systems. NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.21, "Application for Alarm Registration; Reporting Changed to Required Inforirmation", of the Code of Ordinarbces of the City of Delray Beach, Florida, is rent~nbered Section 112.20 and amended as follows: Sec. 112.20. APPLICATION FOR AT.ARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL. (A) (1) Application for 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 his/her designee on a form designated by the City for that purpose. Neighborhood subdivisions referred to in Section 112.21(E) shall comply with Section 112.20 (B)(2) and (3) and shall provide two (2) emergency contacts for the purpose of complying with Section 112.20 (B)(5). (2) New alarm systems shall be registered for twentyfive dollars ($25). (3) E ach year, by ~ 1, renewal applications shall be filed in order to ensure all information is correct. A fee of thirty dollars ($30) shall be required (B) On 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; (3) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any, (4) The date of activation of the alarm system; and (5) Emergency notification. The names, addresses and telephone ntm~bers of at least taw (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To amve at the alarm site within thirty (30) minutes after receiving a request from the Police Department or Fire Deparhrent to cb so; and (c) To grant access to or enter the prerr».ses and deactivate the alarm ~~ (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 Alarm Coordinator within ten (10) days of any changes in this infom~ation and shall each year provide a new application as required by Subsection 112.20(A)(3). Failure to renew alarm registration of this Chapter shall result in a late charge of one huru}red dollars ($100.00) and if renewal application is not received within sixty (60) days of the renewal date, there shall be limited response by the Cit}/s Police Department. (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Comrrurnity Improvement or his/her designee shall forward a copy of the application to the Alarm Coordinator. don 2. That a new Section 112.21, "Alarm Registration RegLrired; Penalty for Failure to Register'', of the Code of Ordinances of the City of Delray Beach., Florida, shall be amalcled to read as follows: Sec. 112.21. Ai.ARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. (A) (1) All alarm systems for which pemut application is completed after the effective date of this ordinance shall be registered at the time of pemut application 2 ORD. NO.8-11 ~ Btu ~4alarm 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 it t. (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 make application for the registration If application for an alarm registration is not made within ten (10) days of the notice of violation, the person shall be in violation of this Section and shall result in a late charge of one htmdred dollars ($100.00). (B) A registration fee of twenty five ($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) Applications having more than one alarm system protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. (D) Any alarm registration issued pursuant to this Chapter shall not be transferable or assignable. Any change in ownership or tenarbcy of residential or comrrtiercial property to which an alarm registration is assigned shall req~.rire a new registration application (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and rronitored by a private security company located within the subdivision shall pay ore registration fee for the entire subdivision (F) If the owner or property manager of an aparhrent complex provides alarm systems in each residential unit as an amenity, then the aparhrent complex shall obtain an alarm pemut for each apartrrent. All units, whether occupied or not, shall be regained to have an alarm permit. Each apartrnent shall be considered as a separnte alarm user. ti n 3. 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 con~etent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a wfiole or part hereof other than the part declared invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed lion That this ordinance shall become effective upon its passage on second and final veadin~ 3 ORD. NO.8-11 day of ORD. NO.8-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 24, 2011 SUBJECT: AGENDA ITEM 12.B -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE N0.08-11 Page 1 of 1 ITEM BEFORE COMMISSION City Commission approval on first reading of Ordinance No. 08-11, Amending Chapter 112, "Alarm Systems". BACKGROUND On January 4, 2011, the City Commission approved Ordinance 44-10, which amended several sections of Chapter 112. Staff is presenting for consideration an amending ordinance changing the renewal date from March 1st to May 1St and some revised language that the Fire Department has requested be added to Section 112.21, Alarm Registration Required; Penalty for Failure to Register, to require registration of previouly installed fire alarms upon notice from the Fire Department rather than after emission of a false/nuisance alarm. RECOMMENDATION Staff is recommending City Commission approval of Ordinance No. 08-11 on first reading and to schedule the same for public hearing and final adoption at the March 15, 2011 regular meeting. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4238&MeetingID=286 3/3/2011 (561) 820=4343 ~ Friday, March 4, 2011 8E The Palm Beach Post ~~ PalmBeachPostcom