Ord 76-04
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ORDINANCE NO. 76-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 112 "ALARM SYSTEMS", SECTION 112.21,
"APPLICATION FOR ALARM REGISTRATION;
REPORTING CHANGES TO REQUIRED INFORMATION;
TO PROVIDE FOR AND TO REQUIRE ANNUAL
UPDATES IN INFORMATION; AMENDING SECTION
112.26, "RESPONSE TO ALARM; ALARM USER
RESPONSIBILI1Y; ALARM MALFUNCTION AND
CORRECTIVE ACTION", BY ENACTING A NEW
SUBSECTION 112.26(A); PROVIDING THAT ALL
RESIDENTIAL OR COMMERCIAL BURGLARY/OR
INTRUSION ALARMS SYSTEMS THAT HAVE CENTRAL
MONITORING SHALL HAVE A CENTRAL MONITORING
VERIFICATION CALL MADE PRIOR TO THE ALARM
MONITORING PERSONNEL, CONTACTING THE
POLICE DEPARTMENT FOR ALARM DISPATCH;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 112.21, "Application for Alarm Registration; Reporting
Changes to Required Information", subsections 112.21(a) and 112.21(c) shall read as follows:
Sec. 112.21. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES
TO REQUIRED INFORMATION.
(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 Chief Building Official on a form designated by the City for that purpose.
Neighborhood subdivisions referred to in Section 112.20(E) shall comply with subsections
(B)(2) and (4) and shall provide only one emergency contact for the purpose of complying
with subsection (B)(6).
(2) New alarm systems shall be registered at no cost if the application is made at the
time of the alarm installation permit.
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(3) A person having control over a property with an eXiStIng alarm system may
preRegister said system with the City at no cost, prior to the emission of one false alarm.
(4) Each year. by April 1st. new applications shall be filed in order to ensure all
information is correct. No fee shall be required.
(B) On such application, the applicant 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 make and type of the alarm system.
(4) The name, address and telephone number of the alarm business installing or maintaining
the alarm system, if any.
(5) The date of activation of the alarm system.
(6) 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; ~Mlà t The registration holder shall notify the Police
Department/ Communications Center within (10) days of any changes in this information and shall
each year provide a new application as required by 112.22(a)(4). Failure to so notify comply shall
constitute a violation of this Chapter and shall result in a late charge of ten dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the activation of any alarm system,
the Chief Building Official or his designee shall forward a copy of the application to the Police
Department/ Communications Center.
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ORD NO. 76-04
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Section 2. That Chapter 112, "Alarm Systems", Section 112.26, "Response to Alarm;
Alarm User Responsibility; Alarm Malfunction and Corrective Action", is hereby amended and
relettered to read as follows:
Sec. 112.26. VERIFICATION OF ALARM~ REQUIRED RESPONSE TO ALARM;
ALARM USER RESPONSIBILI1Y; 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 call made to the
premises generating the alarm signal. prior to alarm monitor personnel
contacting the police department for alarm dispatch. This verification
requirement does not apply to fire alarms. Failure to verify alarm activations
before requesting a dispatch shall result in the assessment of a civil penalty of
five hundred dollars ($500.00) for each occurrence.
-(A1 .(ID. 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.
tB7.(Ç) After responding to an alarm activation, the enforcement official
may notify any person identified in the alarm registration application
pursuant to Section 112.21 of the activation of the alarm system and such
person shall 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 do so, the City shall charge the alarm user a
fee of seventy-five dollars ($75.00). 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. "
~.(2) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of 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
malfunction, 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 actually been examined by an
alarm technician and that a bona fide attempt has been made to identify and
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ORD NO. 76-04
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correct any defect of design, installation or operation of the alarm system
which was identifiable as the cause of the alarm malfunction. Failure to
return an "Affidavit of Service/Repair" within said thirty-day period which is
satisfactory to the enforcement official will result in a disconnection per
Section 112.28 or enforcement action in the event of a required fire alarm
system per F.S. Section 633.025(3).
Section 3. That should any section or proVlslon 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.
final reading.
That this ordinance shall become effective upon its passage on second and
the
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PASSED AND ADOPTED in regular session on second and final reading on this
day of ~\.~ ,200~.
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ATTEST:
~S).~~..~)
City Clerk
First Reading \;:2..\ ¥\ \ \Y\
Second Reading \\ ~ \ Cõ
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4
ORD NO. 76-04
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \ c.:I:. - REGULAR MEETING JANUARY 4. 2005
ORDINANCE NO. 76-04 (AMENDING CHAPTER 112, "ALARM
SYSTEMS")
TO:
SUBJECT:
DATE:
DECEMBER 30, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 112
"Alarm Systems", Section 112.21, "Application for Alarm Registration; Reporting Changes to
Required Information", to provide for and require annual updates in information; amending Section
112.26, "Response to Alarm"; Alarm User Responsibility; Alarm Malfunction and Corrective Action",
by enacting a new Subsection 112.23(A) to require verification for intrusion and burglar alarms.
At the first reading on December 14, 2004, the City Commission passed Ordinance No. 76-04.
Recommend approval of Ordinance No. 76-04 on second and final reading.
S:\City Clerk\agenda memos\Ord. 76-04 Alann Systems.01.04.05
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[ITY DF DELIAY BEACH
CITY ATTORNEY'S OFFICE
200 ì\W 1 ,-t AVE~TE· DELRAY BEACH. FLORIDA 33444
TI::-LXPHO¡\;E 561/2-1-3-7()l)()· FACSl\ilILE 5611278-4755
DElRAY BEACH
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All-America City
Writer's Direct Line: 561/243-7091
, ~ III! DATE:
1993 TO:
2001
MEMORANDUM
December 8,2004
FROM:
City Commission
D8A'id Harden, City Manager
f I-- ~ "-
Susan A. Ruby, City Attorney
SUBJECT:
Alarm Ordinance Amendment
Commissioner Levinson has sent materials regarding verification of alarms and
asked that we review our ordinances to determine if verification was required.
The Police Department reviewed the matter and indicated that the alarm
companies had been verifying the alarms. However, our ordinances did not
require the verification.
The ordinance has been amended to require verification for intrusion and burglar
alarms, but not fire alarms, and also at the request of the police department, an
annual requirement to update the application information was added.
Please place the ordinance on the December 14, 2004 agenda for first reading.
SAR:ci
Attachment
Cc: Chief Larry Schroeder, Delray Beach Police Department
Chief Kerry Koen, Delray Beach Fire Department
Lula Butler, Director of Community Improvement
I~ß
ORDINANCE NO. 76-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 112 "ALARM SYSTEMS", SECTION 112.21,
"APPLICATION FOR ALARM REGISTRATION;
REPORTING CHANGES TO REQUIRED INFORMATION;
TO PROVIDE FOR AND TO REQUIRE ANNUAL
UPDATES IN INFORMATION; AMENDING SECTION
112.26, "RESPONSE TO ALARM; ALARM USER
RESPONSIBILI1Y; ALARM MALFUNCTION AND
CORRECTIVE ACTION", BY ENACTING A NEW
SUBSECTION 112.26(A); PROVIDING THAT ALL
RESIDENTIAL OR COMMERCIAL BURGLARY/OR
INTRUSION ALARMS SYSTEMS THAT HAVE CENTRAL
MONITORING SHALL HAVE A CENTRAL MONITORING
VERIFICATION CALL MADE PRIOR TO THE ALARM
MONITORING PERSONNEL, CONTACTING THE
POLICE DEPARTMENT FOR ALARM DISPATCH;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 112.21, "Application for Alarm Registration; Reporting
Changes to Required Information", subsections 112.21(a) and 112.21(c) shall read as follows:
Sec. 112.21. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES
TO REQUIRED INFORMATION.
(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 Chief Building Official on a form designated by the City for that purpose.
Neighborhood subdivisions referred to in Section 112.20(E) shall comply with subsections
(B)(2) and (4) and shall provide only one emergency contact for the purpose of complying
with subsection (B)(6).
(2) New alarm systems shall be registered at no cost if the application is made at the
time of the alarm installation permit.
(3) A person having control over a property with an eXlStIng alarm system may
preRegister said system with the City at no cost, prior to the emission of one false alarm.
(4) Each year. by April 1st. new applications shall be filed in order to ensure all
information is correct. No fee shall be required.
(B) On such application, the applicant 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 make and type of the alarm system.
(4) The name, address and telephone number of the alarm business installing or maintaining
the alarm system, if any.
(5) The date of activation of the alarm system.
(6) 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, ~a11d t The registration holder shall notify the Police
Department/ Communications Center within (10) days of any changes in this information and shall
each year provide a new application as required by 112.22(a)(4). Failure to so notify comply shall
constitute a violation of this Chapter and shall result in a late charge of ten dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to he activation of any alarm system, the
Chief Building Official or his designee shall forward a copy of the application to the Police
Department/ Communications Center.
2
ORD NO. 76-04
Section 2. That Chapter 112, "Alarm Systems", Section 112.26, "Response to Alarm;
Alarm User Responsibility; Alarm Malfunction and Corrective Action", is hereby amended and
relettered to read as follows:
Sec. 112.26. VERIFICATION OF ALARM~ REQUIRED RESPONSE TO ALARM;
ALARM USER RESPONSIBILI1Y; 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 call made to the
premises generating the alarm signal. prior to alarm monitor personnel
contacting the police department for alarm dispatch. This verification
requirement does not apply to fire alarms. Failure to verify alarm activations
before requesting a dispatch shall result in the assessment of a civil penalty of
five hundred dollars (.$500.00) for each occurrence.
{A1 .(ID. 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.
tB7.(Ç) After responding to an alarm activation, the enforcement official
may notify any person identified in the alarm registration application
pursuant to Section 112.21 of the activation of the alarm system and such
person shall 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 do so, the City shall charge the alarm user a
fee of seventy-five dollars ($75.00). 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
R "
eport.
~.(Q) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of 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
malfunction, 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 actually been examined by an
alarm technician and that a bona fide attempt has been made to identify and
3
ORD NO. 76-04
correct any defect of design, installation or operation of the alarm system
which was identifiable as the cause of the alarm malfunction. Failure to
return an "Affidavit of Service/Repair" within said thirty-day period which is
satisfactory to the enforcement official will result in a disconnection per
Section 112.28 or enforcement action in the event of a required fire alarm
system per F.S. Section 633.025(3).
Section 3. That should any section or proVlslon 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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 200_.
the
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
4
ORD NO. 76-04
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CfW)i aMJ1-¿ - ff
sd December 21/ Wednesday. December 22 2004 ~
www.bocaratonnews.com . Boca Raton/Delray Beach News- Tue ay, ___--- -----
100
ANNOUNCEMENTS
~
LEGAL NOTICES
em OF IJI:LllAY IlUÇII, FLORIDA
NOTICE OF PUlUC ~EARlHG
A PUBUC HEARING wdl be held on the
foIIowmg proposed ordinances at 7 00
p_1TL on TUESDAY. JANUARY 4, 2005
or at any continuation of such meeting
which is set by the CommtSSlOn), m the
CIty CoIl1ll1lSStOl\ OIambers, 100 N W
~~~.~~ ~:oo~
collSlder 1heJr adopbon The proposed
ordll1ance may be mspected at the
OIhce of 1he CIty Clerk at CIty HaU, 100
NW 1st Avenue, Delray Beach, Flon-
da, between the hours of 8:00 a m_ and
5:00 p_m" Monday through Friday,
except holidays, AU II1terested parties
are invited to attend and be heard wJth
respect to the proposed ordinances
ORDINANCE NO. 8H14
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DElRAY
BEACH. FLDRIDA, AMENDING SEC-
TION 35 095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSEC-
~~~~û~Ö~) .J~ll~~~~
~~B~l1~CT~~N ~Ä~\~I~~
UNIT EMPLOYEES", TO PROVIDE FOR
THE PARAMETERS FOR EMPLOYEE
CONTRIBUTIONS FOR MEMBERS OF
THE BARGAINING UNIT REPRESENT-
ED BY THE NATIONAl CONÆRENCE
~ AAR~~~~~I~.J'~~
REPEAlER ClAUSE AND AN EFFEC-
TIVE DATE. ;
OROIHAf/Cf NO. 7fHI4
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DElRAY
BEACH. RORIDA, AMENDING CHAP-
TER 112 "AlARM SYSTEMS", SEC-
TION 1n21. "APPLICATION FOR
AlARM REGISTRATION; REPORTING
CHANGES TO REQUIRED INFORMA-
TION, TO PROVIOE FOR AND TO
REQUIRE ANNUAL UPDATES IN
INFORMATION; AMENDING SECTION
11226, "RESPONSE TO AlARM;
AlARM USER RESPONSIBILITY,
AlARM MALRJNCTION AND COR-
RECTIVE ACTION", BY ENACTING A
NEW SUBSECTION 11226(A), PRO-
~
LEGAL NOTICES
VIUlNli I HAl All. Ht::;I~ IIAl UtI
COMMERCIAL BURGlARY/OR
INTRUSION AlARMS SYSTEMS THAT
HAVE CENTRAl MONITORING SHAU.
HAVE A CEmRALMONITORING VER-
IACATON CAlL MADE PRIOR TO THE
AlARM MONITORING PERSONNEl,
CONTACTING THE POliCE DEPART-
MENT FOR AlARM DISPATCH, PRO-
VIDING A GENERAl REPEAlER
CLAUSE. A SAVING ClAUSE AND AN
EFFECTIVE DATE.
Please be advISed that if a pe¡son
decides to appeal any decision made
by the City Coovnission WIth respect to
any matter considered at these hear-
ings, such person may need to ensure
!hat a verbatim record includes the tes-
timony and evKIeoœ upon wtuch the
appeal IS to be based The City does
not provide nor prepare such record
Pursuant to ES. 286,01 OS,
CITY OF DElRAY BEACH
ChevetIe 0 Nubln
City Clerk
~LWa~Je~~
Ad 1119042