68-83 ORDINANCE NO. 68-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 2.5, "ALARM SYSTEMS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL'; BY ADDING A
NEW SECTION 2.5-1 "SHORT TITLE", BY RENUMBERING CERTAIN
SECTIONS ACCORDINGLY; BY AMENDING SECTION 2.5-1 "DEFIN-
ITIONS'', TO READ TECHNICALLY CORRECT AND TO DELETE THE
DEFINITION OF "ALARM AGENT" THEREFROM, BY ADDING A
PROVISION TO THE DEFINITION OF "ALARM BUSINESS" TO PRO-
VIDE THAT THE MONITORING OF ALARMS IS ENGAGING IN THE
ALARM BUSINESS, BY AMENDING "ALARM SYSTEMS" TO PROVIDE
THAT A SYSTEM ALERTING PEOPLE FOR EVACUATION IS AN
ALARM SYSTEM, BY PROVIDING FOR THE DEFINITION OF A "FIRE
ALARM SYSTEM", BY AMENDING THE DEFINITION OF "REGIS-
TERED ALARM SYSTEM" TECHNICALLY AND FOR CLARIFICATION
REGARDING COSTS; BY AMENDING SECTION 2.5-4, "TELEPHONE
DEVICES PROHIBITED", TO PROHIBIT NON-DEACTIVATING ALARM
SYSTEMS EXCEPT FIRE ALARM SYSTEMS; BY AMENDING SECTION
2.5-6, "POSTING OF NOTICE BY USER", TO PROVIDE THAT
NOTICE MUST BE CONSPICUOUSLY POSTED; BY AMENDING
SECTION 2.5-7, "MAINTENANCE STANDARD" TO DELETE THE
DEEMED COMPLIANCE OF A REGISTERED ALARM SYSTEM AND TO
ADD A REQUIREMENT THAT MAINTENANCE OF FIRE ALARM
SYSTEMS BE BY A PERSON PROPERLY CERTIFIED; BY AMENDING
SECTION 2.5-8, '"UNLAWFUL ACTIVATION PROHIBITED" TO
EXEMPT AUTHORIZED FIRE DRILLS FROM SAID SECTION; BY
AMENDING SECTION 2.5-9, "SERVICE CHARGE FOR EXCESSIVE
ALARMS", TO PROVIDE FOR NOTICE TO FIRST-TIME VIOLATORS
OF THE EXCESSIVE ALARMS PROVISION AND EXCUSING SERVICE
CHARGE FOR SAME; BY ADDING A NEW SECTION 2.5-11, "FAIL-
URE TO PAY SERVICE CHARGE", BY ADDING A FEE FOR THE
ADDITIONAL COST OF COLLECTING UNPAID SERVICE CHARGES;
BY ADDING A NEW SECTION 2.5-12, "FINE FOR NONPAYMENT",
TO PROVIDE FOR A FINE FOR EACH DAY DURING WHICH A
SERVICE AND ADMINISTRATIVE CHARGE REMAINS UNPAID AND
THAT A LIEN FOR CHARGES MAY RESULT; BY ADDING A NEW
SECTION 2.5-13, "ENFORCEMENT", TO PROVIDE FOR COLLECTION
PROCEDURES FOR UNPAID AMOUNTS; BY AMENDING ARTICLE II,
"SELLING, LEASING, SERVICING, ETC.", OF CHAPTER 2.5,
"ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 2.5-21,
PERMITS REQUIRED", BY REPLACING PERMIT REQUIREMENTS
WITH AUTHORIZATION REQUIREMENTS, AND BY DELETING THE
PERMIT REQUIREMENTS OF ALARM AGENT; ~ BY AMENDING
SECTION 2.5-22, "FILING APPLICATION FOR PERMIT, PERMIT
FEES" TO REPLACE PERMIT FEES._ WITH AN INCREASED
AUTHORIZATION APPLICATION FEE, .-TO PROVIDE FOR PALM
BEACH COUNTY CERTIFICATE OF COMPETENCY REQUIREMENTS,
TO PROVIDE FOR PROOF OF INSURANCE REQUIREMENTS, TO
PROVIDE FOR FORM OF AUTHORIZATION; BY AMENDING SECTION
2.5-23, "INVESTIGATION OF PERMIT APPLICANTS; ISSUANCE,
DENIAL OF PERMIT", BY DELETING THE INVESTIGATION
PROCESS; BY ADDING A NEW SUBSECTION 2.5-24, "HEARING",
TO PROVIDE FOR INFORMAL HEARINGS; BY RENUMBERING AND
AMENDING SECTION 2.5-24, "SUSPENSION AND REVOCATION OF
PERMIT", BY TECHNICALLY AMENDING LANGUAGE, BY AMENDING
SUBSECTION (5) THEREOF TO PROVIDE THAT FOUR EXCESSIVE
ALARMS ATTRIBUTABLE TO ONE ALARM SYSTEM MAINTAINED BY
AN ALARM BUSINESS SHALL BE GROUNDS FOR SUSPENSION OR
REVOCATION OF AUTHORIZATION TO ENGAGE IN THE- ALARM
BUSINESS, BY DELETING PROVISION REGARDING REVOCATION
OF ALARM AGENT PERMITS; BY DELETING SECTION 2.5-25,
"ALARM AGENTS TO HAVE PERMITS IN POSSESSION"; BY AMEND-
ING SECTION 2.5-26, "SERVICE RESPONSE", BY DELETING TIlE
GRACE FROM SERVICE RESPONSE REQUIREMENTS FOR ALARM
BUSINESSES AS TO AUTOMATIC DEACTIVATING ALARM SYSTEMS,
BY PROVIDING FOR A MINIMUM FINE FOR NONCOMPLIANCE; BY
ADDING A NEW SECTION 2.5-26, "VIOLATIONS", TO PROVIDE FOR
VIOLATIONS OF CHAPTER 2.5, "ALARM SYSTEMS"; BY ADDING A
NEW SECTION 2.5-27, "DISCLAIMER", TO DISCLAIM ANY POTEN-
TIALLY ALLEGED MUNICIPAL LIABILITY AS A RESULT OF CHAP-
TER 2.5, "ALARM SYSTEMS"; BY ENACTING A NEW SECTION
2.5-30 "EFFECT ON FIRE CODES", TO PROVIDE THAT CONFLICT-
ING FIRE CODE(S) SHALL CONTROL; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article I, "In General" of Chapter 2.5, "Alarm Systems", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 2.5-1. Short Title.
This Chapter may be cited as the "Delra¥ Beach Alarm
Ordinance".
Sec. 2.5-]:2. Definitions.
For purposes of this chapter, the following terms shall have
the meanings ascribed to them herein:
Alarm: The sound or signal of an alarm system.
A4a r m--agent.-- - - A-ny - person- -w ho- 4s- employe&-by- -an--akrrm -b+~si-
nes~- ~t-h e r- el;creeH~- ~ 4~x~ire~iy r-whos~ -~u~ies- 4r~--iu~e- ~y - o ~ - ~he
Alarm business: The business engaged in by any individual,
partnership, corporation or other entity, of Selling, leasing, main-
taining, servicing, repairing, altering, replacing, moving, monitor-
ing, or installing any alarm system, or causing to be sold, leased,
maintained, serviced, repaired, altered, replaced, moved, moni-
tored, or installed any alarm system, in or on any b~il~
structure or facility.
Alarm system: Any device designed for the detection of
smoke, fire, unauthorized entry or for alerting others of the com-
mission of an unlawful act, or of the need of medical assistance, or
the need for emergency evacuation, which when activated emits-'~
sound or transmits a signal beyond the premises.
Alarm user: Any individual, partnership, corporation or other
entity in control of premises where an alarm system is located.
Excessive alarm(s): Any' one or more of the following:
(1)A single continuous false alarm of at least one (1) hour's
du ration;
(2) A combination of two (2) or more false alarms that-aggre-
gate in total time at least two (2) hours in any .calendar
day; or
2 ORD. NO. 68-83
(3) A false alarm or alarms, regardless of duration, that
cause the police or fire department to receive notice
thereof from any source and, as a result, an emergency
vehicle to be dispatched to the alarm source on more than
one (1) occasion in any calendar day or more than three
(3) occasions in any calendar month.
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 alarm and finds no apparent reason for the
alarm except a possible alarm malfunction, or an activation falsely
indicating that an emergency exists.
Fire alarm system: Any device designed for the detection of
smoke or fire.
Registered alarm system: An alarm system for which its alarm
user has filed with the city manager or his designee of the city,
and has maintained currently in effect, a signed statement, in a
form that may be specified by the city manager or his designee,
naming an alarm business hol~ti~g-~--val-id--perm~t authorized to so
engage in the city with which the alarm user has made arrange-
ments that, upon notice from public authority of the city, the alarm
business is authorized and directed to deactivate any alarm of the
alarm system controlled by the alarm user, at no expense to the
City.
Sec. 2.5-~3. Exemptions from chapter provisions.
The provisions of this chapter shall not be applicable to alarm
systems affixed to vehicles, mobile conveyances_, or equipment.
Sec. 2.5-~4. Provisions of chapter cumulative.
The remedies of the city provided in this chapter shall be
cumulative with each other and other remedies existing according to
law.
Sec. 2.5-45. ~f~tepl~rone--el~ Certain alarm systems prohibited.
(1) No person, partnership, corporation or other entity shall
use or cause to be used a telephone device or telephone attachment
that automatically selects a public telephone trunk line of the city
and then reproduces any prerecorded message to report a burglary
or other emergency.
(2) Audible alarm systems which do not automatically deacti-
vate within fifteen minutes after activation are Prohibited; pro-
vi}ted, however, fire alarm systems which do automatically deficti-
rate are prohibited.
Sec. 2.5-46. Registration by user to be truthful and current.
It shall be unlawful for any alarm user to give any false
information in a statement for a registered alarm system, or to fail
to notify in writing the city manager or his designee with which the
statement has been filed that .the facts stated therein are no longer
true.
Sec. 2.5-$7. Posting of notice by user.
In regard to each registered alarm system or any other alarm
system that is serviced by an alarm business, the alarm user shall
cause to be posted conspicuously near the alarm on the exterior of
3 ORD. NO. 68-83
the building for ground level view the name, address and telephone
number of the alarm business.
Sec. 2.5-$8. Maintenance standard~-t~rtaha-+2se~s-~-ha--eom-
It shall be the obligation of an alarm user to cause the user's
~arm system to be maintained sufficiently to avoid excessive alarms.
~r--h~- - ~-er--o F
eomp4ied--~i~h--th-is-~-~tion. Nothing herein shall prohibit an alarm
user from contracting with private persons to maintain an alarm
system and assume responsibility for excessive alarm charges;
provided that, such a contract shall not affect the responsibilities
provided for in this Chapter. In the case of a fire alarm system,
the alarm user shall contract for the maintenance of such only with
~n individual cei-tified to so act under applicable codes.
Sec. 2.5-89. Unlawful activation prohibited.
It shall be unlawful to intentionally activate an alarm system
except in an emergency that causes or that threatens to cause
bodily harm or damage to or loss or destruction of property, except
that short periods of alarm necessary for testing an alarm system
shall be lawful and alarms for purposes of fire drills shall be
lawful, provided the appropriate governmental agencies have been
previously notified 0f such drills.
Sec. 2.5-010. 8e-~v;iee--eh~r~-{or-~xeess~e-~~. Excessive
alarms - not--{-fication and service charge.
The fire and police departments shall maintain a written record
of each excessive alarm of which it is notified and shall certify to
the city clerk each occasion of excessive alarms b~y--~t-h~-~han--a
re gi~t-ere~ -mhrrnr -~ys ~m. For- t;~da--e-xees ~-~ ~u-m- -s~ -ce r ti~ied-~- -t-he
t~$~§~+-~ Where an alarm user has never previously had any
excessive alarms, the city clerk shall notify the alarm user of the
provisior~s of this chapter regarding the imposition""6f a service
charge for excessive alarms. The alarm user shall be excused from
the payment of a service charge for the first excessive alarm or set
of excessive alarms, as the case may be. Where an alarm user has
previously had excessive alarms, the alarm user shall pay to the
city a service fee of twenty-five dollars ($25.00) for each excessive
alarm certified to the city clerk. The City clerk shall hotify the
alarm user of the amount of the service fee and that such fee is to
be paid in not more than thirty (30) days from the date of the city
clerk's notification letter. F~-t-o-l~aqy--~ueh-~-fee--w~t-l~in
o f-t-he -t~o~e-.o-f- 0~~. ~.. .
Sec. 2.5-11. Failure to pay service charge.
(1) Failure to pay such service fee within the time set forth
in Section 2.5-10 shall constitute a Violation of this Code.
(2) An administrative fee in the amount of fifteen dollars
($15.1Y0~ shall be charged fOr the 'additional expense incurred in
,collecting any sums unpaid after the expirati'6r{ ~)f the thirty' (30)
day period provided in Section 2.5-'10.
4 ORD. NO. 68-83
Sec. 2.5-12. Fine for non-payment.
(1) In addition to said administrative fee as set forth in this
section, a fine 'of one dollar '~1.00) per day shall be assessed for
each day. after the tenth (10th) day following the mailing of the
notice provided for in subsection (2) below, that the service fee
and administrative fee remains unpaid.
(2) The city clerk or such other person as determined by the
city manager shall mail, by first class mail, nOtice of the violation
to the violator. Said notice shall set 'forth the provisions ~{f this
section anti that any violation continuing after the ten (10) day
period as set fort'h in S{~b'se6tion (1) above, sh'~lf be handled as
provided in Section 2.5-l'3 and that said charges may result in a
lien on the subi~ct' property.
Sec. 2.5-13. Enforcement.
Should any violation continue after the ten (10) day perio.d
provided in Section 2.5-12(1), the city clerk or such other person
as determined by the city manager shall either (a) request the Code
Enforcement Board clerk to set a formal hearing and notify the
alleged violator of the hearing, or (b) cause enforcement to be
initiated in an alternate forum.
Section 2. That Article II, "Seller, Leasing, Servicing, Etc.", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 2.5-21. Perm4~s Authorization required.
ta~ Alarm business. It shall be unlawful to engage in the
alarm business without first having el~aine~-~--permi-t authorization
therefor pursuant to the provisions of this chapter.
tt~ A4 a r m-- a ge~rt~ - - -Ft- -~hat4--]~ e--u~-~l~w f-~l- - ~e - ~-~t- -a~ - ~rn- - ~
agen-t- -w~t-bo~t- -f{~ - -h-a~ - et~ ai-rreet- -a- -p e r mit- - ~he~e~r - ~u-~a~ ~ - ~ e
~h e - t~n~i~n s- ~- ~ h~'~- e h~l~ter~,--u~rles~- -t~ al artr~ -a gei~t - ~ - e ~reia-t½y
Sec. 2.5-22. Filing apt~4icat4cm-{ee~peea~,-peemi~ for authorization;
fees.
Application for the permits authorization required by this
chapter shall be on a form prescribed by the city manager or his
designee, consistent with the provisions of this-chapter and shall
be filed with the city manager or his designee. Each application
shall be accompanied with the fee-a~-in~ic-ated-q~l,~w following:
(1) Alarm business perm4~ authorization
application fee $10.00
',, ia')' A4 a r m- ~rge~t--per mitre Sv00
,i
' The permi~-~ees authorization shall be pa~atyle _reapplied for on an
annual basis not later than .October 1 of each fiscal year. The
' perm4~ authorization application fees shall not be prorated based
upon when, during the fiscal year, the application is filed or the
fee is paid.
(2) A copy of the applicant's valid and current certificate of
corapetency from Palm Beach C'Sunty for 'burglar/fire alar{n-installa-
tion.
5 ORD. NO. 68-83
(3) Any person who has complied with the requirements of
this s-~tion and who has not been denied authorization as provided
in this Article, shall be deemed to be authorized as required by
this Article.
Sec. 2.5-23. t~nve~ig~t4on-~f-~?r~ni~--a-pp44ean~-i~m~ne~7 Denial of
pcr~ authorization.
T~- p~ ~e ~ ~- ~haH-~~- ~-~ves~on-~- ~h
a~~-~ an-a~-~~~~-~ge~-~R=-- The-~
s h~k-b~ ~-~ h~n- ~- ~ms~~-M~- a~- co~m-~-- ~h e
~ves~4~n--~m~ Authorization shall not be granted if it has
been determined by the city manager or his desi~e.e that:
(1) The applicant (or if the application involves a corpo-
ration, or other entity, any of the officers or directors;
or in regard to a partnership application, any of the
partners) or its alarm agent has entered a plea of guilty
or nolo contendere to, or been found ~ilty of, or been
con~cted of, a felony or misdemeanor invol~ng robbery,
burglary, theft, embezzlement, fraud, recei~ng or pos-
sessing stolen property;
(2) The applicant has ~ven materially false or misleading
information on his application; or
(3) The applicant does not have a current v~id occfipation~
license and/or current competency certificate.
If an applicant for a-~R the authorization ~anted under this
chapter has been denied the ~nee-~-a-~ autho~zation, the
applicant shall be ~ven a w~tten explanation specifying the
grounds for such denial.
Sec. 2.5-24. Hearing.
Any person denied authorization as prodded for herein may
request, in w~ting, an informal hearing before the City Manager or
his desi~ee. The City Manager or his desi~ee sh~l hold said
hearing within a reasonable time of receipt of s~d w~tten request.
Sec. 2.5-~4 2~. Suspension and revocation of ~ authorization.
Alarm business and ~arm agent ~s-{ss~ autho~zation
granted under the pro~sions of this chapter may be suspended or
revoked by .the city manager or his designee, .after notice and
hearing, for the following reasons:
(1) Any material ~olation of this .chapter or the statutes of
the State of Flo~da .....
(2) Con~ction or a plea of nolo contendere to a felony or
misdemeanor invol~ng robbery, burglary, theft, embez-
zlement, fraud, or receiving or possessing stolen pro-
perty.
(3) If materially false, or misleading information has been
furnished on the application for a-~ authorization.
(4) Repeated failure to meet the ser~ce response require-
ments of section 2.5-26.
6 ORD. NO. 68-83
(5) If t-en-~t~) four (4) or more excessive alarms
mervt-h from any single alarm system serviced by that
alarm business are chargeable to that alarm b,cm~i~-(rr
ahrrm-ag~n-t system in any one month
If a member of the board of directors or an officer of a corpo-
ration or other entity engaging in the alarm business, or a partner
of a partnership engaged in the alarm business, is found to have
engaged in conduct constituting grounds for the suspension or
revocation of a--p~vmi-t authorization, for the alarm business with
which such person is associated shall be suspended or revoked.
{- f-,- -h e wev~-~--i-t--i ~ - ~n--em pl~y e e - er~ y--~-h o - ~- ~o~m~l--t~--l~¥ e - ~
h~'~--en~- ~n- ~ne~- ~~-~nd~--~- s~ sial-er
Sec. 2.5-26. Service response.
Each alarm business required to h~e--~r-~ be authorized
pursuant to this chapter shall have available twenty-four (24) hours
a day at least one (1) service representative who shall respond
within one (1) hour to emergency service calls from the police
department or other employees of the city. q'-h4~--~~~e
less than thirty dollars ($30.00) shall be assessed for each incider/~
of noncompliance with this subsection.
Sec. 2.5-27. Violations.
In addition to these violations specifically set forth herein, any
noncompliance with the provisions of this Chapter. shall be decreed
a violation of this chapter, punishable as provided herein.
Sec. 2.5-28. Fines for violation of this chapter.
Except as otherwise provided in this chapter, a fine of no less
than ten dollars ($10.00) per day shall be assessed against any
person violating the provisions of this chapter. Each day of a
~0ntinuing violation shall constitute a separate offense.
Sec. 2.5-29. Disclaimer.
Neither the city nor any of its officers, employees, agents, or
.a.ssigns, shall be under any obligation or duty to an alarm user,
alarm business, or any other person by reason of this ordinance.
7 ORD. NO. 68-83
Sec. 2.5-30. Effect on Fire Codes.
Nothing' herein shall be construed as repealing, or modifying'
any provisions of the applicable fire code(s), and to the extent that
the provisions of this Chapter 2.5 conflict with applicable fire
code(s), said fire code(s) shall control.
Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, 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 thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 13th day of September , 1983.
M A Y D Rk~
ATTEST:
First Reading August 23, 1983
Second Reading September 13, 1983
8 ORD. NO. 68-83