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15-82 ORDINANCE NO. 1~-82 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 DEI~RAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", BY AMENDING SECTION 2°5-9, "SERVICE CHARGE FOR EXCF_5$IVE ALARMS", BY PROVIDING THAT NON-PAYMENT WITHIN 30 DAYS OF' NOTIFICATION OF ANY ASSESSED SERVICE FEE IS DECLARED UNLAWFUL AND SHALL BE PUNISHABLE PURSUANT TO SECTION 1-6 OF THE CODE OF ORDINANCE5; AND BY AMENDING ARTICLE II, "SELLING, LEASING, SERVICING, ETC.", BY AMENDING SECTION 2.5-2o,~ "SUSPENSION AND REVO- CATION OF PERMI~'~ BY ADDING A NEW SUBSECTION (5) PRO° VIDING FOR THE POSSIBILITY OF REVOCATION OF OR SUSPEN- SION OF THE PERMITS OF AN ALARM BUSINESS OR ALARM AGENT IF' TEN (10) OR MORE EXCESSIVE ALARMS IN ANY ONE MONTH ARE CHARGEABLE TO THAT ALARM BUSINESS OR ALARM AGENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOV/, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEI. RAY BEACH, FLORIDA,. AS FOLLOV/S: Section 1. That Section 2.5-9, "Service. charge for excessive alarms", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 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 by other than a registered alarm system. For each excessive-alarm so certified, the alarm user shall pay to the city a service fee of twenty-five dollars ($25.00). The city clerk shall notify the alarm user of the amount of the service fee and that such fee is to be paid in not more than thir%7 (30) days from the date of the city clerk's notification letter. Failure to pa)' such service fee within the required time sha/l constitute- a violation of this Code and shall be an offense punishable pursuant to the provisions of Section 1-6 of the Code of Ordinances. Section 2. That Section 2.5-2~ "Suspension and revocation of permit" of the Code of Ordinances of the C'ity of Delray Beach~ Florida, is hereby amended to read as follows: Alarm business and alarm agent permits issued under the provisions 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 violation of this chapter or the statutes of the State of Florida. (2) Conviction or a plea of nolo contendere to a felony or misdemeanor involving robbery, burglary, the~'e, embezzlement, fraud, or receiving or possessing stolen property. (3) If materially false or misleading information has been furnished on the application for a permit. (t~) Repeated failure to mee~: the service response requirements of section 2.5-26. (5_.~)If ten (10) or more excessive alarms in any one month are chargeable to that alarm business or alarm agent since such excessive alarms have occurred on the premises of registered alarms registered to that alarm business or alarm agent'. If a member of the board of directors or an officer of a corpora'don 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 forL?he suspension or revocation of a permit, then. :he permit for the a~arm business with which such person is associated shaJ~ be suspended or revoked. If, however, it is an employee ord¥ who is found to have engaged in conduct constitu~ng grounds for suspension or revocation, then the employee aJa,'m agent permit only shaJ] be suspended or revoked. If, however, it is only an aJarm agent who is found to have engaged in conduct constituting grounds for suspension or revocation, then only the a Jafra agenl: permit shall be suspended or revoked. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be dec. tared by a Court of competent jurisdic~on to be Lnvaiid~ such decision shaft not affect the, validity of the remainder hereof as a whole or' part thereof other than the part declared to be [nvaiid. Section 4. That this ordinance shale become effective- immediately after its passage on second and finai reading. PASSED AND ADOPTI~D in regular session on second and finai, reading on this the 9th day o5 Marc. h. ,1982. 'mAYOR ~ L~:ON M. WE~.I{ES ATTEST: Ci?~lerk Firs: Reading February 9, 1982 Second Reading March 9, 198 2 2 ORD. NO. 15-82