Loading...
01-95 ORDINANCE NO. 1-95 AN ORDINANCE OF TI-IE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR TIlE REGULATION OF ALARM SYSTEMS WITHIN ~ CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that a high incidence of false alarms and/or malfunctions causes a significant misuse of the manpower and resources of the Police and Fire Departments by causing the dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units out of service and unavailable to respond to legitimate emergency situations; and WHEREAS, the City Commission finds that the continued high incidence of false alarms and/or malfunctions are a threat to the health, safety and welfare of the citizens of the City of Delray Beach; and WHEREAS, reasonable regulation of all alarm systems and their users should result in a significant decrease in false alarms with a resultant savings in public resources; and WHEREAS, the City Commission finds that the revision of current procedures and fees for multiple false alarms and malfunctions would serve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR]DA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to read as follows: CHAPTER 112: ALARM SYSTEMS GENERAL PROVISIONS Section 112.01 SHORT TITLE. This chapter shall be known and cited as the "Alarm Systems Ordinance." Section 112.02 PURPOSE. This chapter is enacted to provide minimum standards and regulations applicable to alarm systems, and alarm users. Both society in general and public safety in particular will be aided by providing a useful and usable system of private security or fire response which properly balances quick response by the Police and Fire Departments with minimization of public resources spent on alarms which are false or otherwise not the intended function of such systems. Section 112.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requkes a different meaning: "ALARM". The sound 6r signal of an alarm system. "ALARM MALFUNCTION". The activation of any alarm wNch results in the response of the Police Department or the Fire Department, caused by mechanical failure, malfunction, improper installation or 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 or his designee allowing the operation of an alarm system within the City of Delray Beach and signifying compliance of the alarm system with the provisions of this chapter. "ALARM SYSTEM". Any mechanical, electrical or radio- controlled device which is designed for the detection of smoke, fire, unauthorized entry or other activity requiting 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 TECHNICIAN". Any person who inspects, installs, repairs or performs maintenance on alarm systems and is licensed by the State of Florida or works under a State 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 TELEPHONE DIALING DEVICE OR DIGITAL ALARM COMMUNICATOR". An alarm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. "ENFORCEMENT OFFICIAL". As to security/burglar 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 alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or an activation falsely indicating that an emergency exists. 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 alarm user. "PREMISES". Any building, structure or facility and adjoining property which is protected by and upon which is installed an alarm system. "REQUIRED OPERATIVE 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. Section 112.04 PROltlBITIONS. (A) No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. 03) Audible security/burglar alarm systems which do not automatically deactivate within fifteen (15) minutes at~er 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. Section 112.05 EFFECT ON FIRE CODES. Nothing herein shall be construed as repealing or modi~ing any provisions of the applicable fire codes, and to the extent that the provisions of this chapter conflict with applicable fire codes, those fire codes shall control. Section 112.06 EXEMPTIONS. The provisions of this chapter shall not apply to: (A) Alarm systems ai~ed to motor vehicles, mobile conveyances or equipment; or (B) Alarms which are not intended to be heard outside the premises. REGULATION OF ALARM SYSTEMS Section 112.20 ALARM REGISTRATION REQUIRED; FEE~ TERM OF REGISTRATION~ NONTRANSFERABLE. (A) (I) Upon the emission of one (1) false alarm, the alarm user shall be required to obtain a valid alarm registration. (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 fifty dollars ($50.00) or an appearance before the Code Enforcement Board. 03) A registration fee of ten dollars ($10.00) shall be charged to the alarm user at~er notification and receipt of notice of violation due to the emission of one false alarm. (C) Applicants having more than one alarm system protecting two or more separate structures shall be requked to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. 02)) Any alarm registration issued pursuant to this chapter shall not be transferable or assignable. Any change in ownership 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 entke subdivision. The alarm registration shall be purchased by the subdivision's condominium or homeowner's association and the application shall be in the name of the association only. All responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with the assodation purchasing the alarm registration. Section 112.21 APPLICATION FOR ALARM REGISTRATION~ REPORTING CHANGES TO REQUIIlED 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 4 112.20(E) shall comply with subsections (B)(2) and (4) and shall provide only one emergency contact for the purpose of complying with subsection 03)(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 existing alarm systems may pre-register said system with the City at no cost, prior to the emission of one (1) false alarm. 03) 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 03) shall be kept current by the registration holder, and the registration holder shall notify the Police Department/Communications Center within ten (10) days of any changes in this information. Failure to so notify shall constitute a violation of this chapter and shall result in a late charge often 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. SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO PREMISES~ RENDER ASSISTANCE. Any person who is notified by any member of the Police Department or Fire Department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within thirty (30) minutes of the time such person is notified of such activation and shall provide the Police and/or Fire Department any necessary access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm as provided in Section 112.28 and, if applicable, to suspend or revoke an alarm business authorization as provided in Section 112.44. Section 112.23 ISSUANCE OF ALARM REGISTRATION~ DECAL REQUIRED. (A) An alarm registration shall be issued by the Chief Building Official upon receipt of a completed application. (B) The Chief Building Official or his designee may inspect the alarm equipment and planned installation 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 alarm 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. (3) If the equipment is found to be inferior and not capable of proper performance. Section 112.24 APPEAL OF DENIAL OF REGISTRATION. Any applicant who is denied an alarm registration may request, in writing, a hearing before the City Manager or his designee within fii~een (15) calendar days of receipt of the denial. The City Manager or his designee shall hold a hearing within a reasonable time of receipt of the written request. After taking into consideration all relevant facts and circumstances, the City Manager or his designee may either affirm the denial or order the Chief Building Official to issue the alarm registration in writing. Such decision shall be mailed to the applicant by regular mail. Section 112.25 FALSE ALARMS PROHIBITED~ EXCEPTIONS. (A) No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. (B) No alarm system shall be tested or demonstrated without first notifying the Police Department or Fire Department and receiving permission from the appropriate enforcement official. Penalty, see Section 112.99 Section 112.26 RESPONSE TO ALARM~ ALARM USER RESPONSIBILITY~ ALARM MALFUNCTION AND CORRECTIVE ACTION. (A) 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. (B) After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Sec. 112.21 of the activation of the alarm system and such person shah thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes aider 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 l~eport". (C) 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 l~eport" 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 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 ora required Fire Alarm System per F.S. 33.025(3). Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE~ FEE CHARGES. (A) It is hereby found and determined that the emission of more than three 0) false alarms within a calendar year period at the same premises is excessive and constitutes a public nuisance. (B) No fee shall be assessed for the first three (3) false alarms at the same premises responded to by the Police Department or the Fire Department during each calendar year. Thereafter, the following fees shall be paid by the alarm user for each false alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year. Number of False Alarms or Alarm Malfunctions Fees Fourth ....................................... $ 50.00 Fifth ......................................... 100.00 Sixth ......................................... 150.00 Seventh and above ............................... 200.00 each (C) Once a false alarm or alarm malfunction has been responded to by the Police Department or 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 enforcement official has been obtained. (D) Should any fee assessed pursuant to this chapter remain unpaid in excess of 120 days from the date the charge is billed, a collection fee in the amount of eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee. 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. Section 112.28 DISCONNECTION OF ALARM SYSTEM. (A) Except for premises protected by a required operative alarm system, either of the Police Department or Fire Department enforcement officials are authorized to order the disconnecting of any alarm system, by written notice to the alarm user at the premises wherein an alarm system is installed, for any of the following reasons: (1) Failure to meet all requirements provided for in this chapter within thirty (30) days of the charging of the fee; or (2) Failure of the alarm user to provide a written "Affidavit of Service/Repair" required by this chapter; or O) A false alarm or alarm malfunction at a premises for which a fee is charged pursuant to this chapter is the result of the failure of the alarm user to take corrective action to eliminate the cause of the false alarm; or (4) The failure of a person notified pursuant to this chapter to appear within thirty (30) minutes after being notified to respond, if such failure to timely appear occurs four or more times within a registration period. (B) The written notice to disconnect shall be mailed to the alarm user, by certified mail, and shall specify the date on which the alarm user shall be required to disconnect the alarm system, which date shall be at least fifteen (15) days following the date of mailing of the notice. The alarm user may appeal the order of the enforcement official pursuant to Section 112.29. ,Section 112.29 APPEAL. An alarm user to whom a notice to disconnect an alarm system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to the City Manager or his designee. An appeal must be in writing, stating the reasons why the order to disconnect should be withdrawn, and shall be made within fifteen (15) days of the date of receipt of the notice to disconnect. The City Manager or his designee shall review the facts and circumstances and shall determine whether the alarm user has shown good cause why the order should be withdrawn. The City Manager or his designee shall notify the alarm user of the decision in writing. If the City Manager or his designee affirms the order to disconnect an alarm system, the alarm user shall have five (5) days following mailing of the written decision of the City Manager or his designee within which to comply with the order. The appeal of an order to disconnect shah suspend the effective date of the order until the appeal has been acted upon by the City Manager or his designee. Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM. It shall be unlawful for any person to fail to disconnect an alarm system which has been ordered disconnected pursuant to Section 112.28, including those situations in which the City Manager or his designee ~rmed the order to disconnect; and it shall be unlawful for any person to reconnect an alarm system which has been disconnected pursuant to the order of the enforcement official, unless reconnection of the alarm system is authorized pursuant to Section 112.31. Any person violating the provisions of this section shall be subject to penalties provided for in Section 10.99, the penalty being cumulative to other administrative remedies provided for in this chapter. Section 112.31 RECONNECTION OF ALARM SYSTEMS. Any order to disconnect an alarm system may be rescinded by either the Police Department or Fire Department enforcement official upon a finding by said enforcement official that the alarm user has taken corrective action which it is reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at the 9 premises. In making a request for such a rescission, the alarm user shall have the burden to show what corrective action has been taken and that same is sufficient to support a finding that the cause of the false alarms or alarm malfunctions has been remedied. The enforcement official shall have the right to inspect the alarm system and test same prior to rescinding the order to disconnect. Before any reconnection of an alarm system, after the order to disconnect said system, a reconnection fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an order to disconnect if the alarm user has failed to pay any fee charged pursuant to this chapter. SeCtion 112.32 NEWLY INSTALLED ALARM SYSTEMS. The provisions of this chapter relative to false alarms shall not apply to any newly installed alarm system for a period of sixty (60) days from the date of the activation of that alarm system, but shall apply from and after the expiration of the initial sixty (60) day period following activation. The time limit provided for in this section shall be measured from the date shown on the application for alarm registration required by Section 112.2103)(5). The exemptions set forth in this section shall not apply to any person who has failed to comply with Section 112.20. ADMINISTRATION AND ENFORCEMENT Section 112.50 NONCOMPLIANCE WITH PROVISIONS. In addition to the 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. Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD. The enforcement official may initiate action before the Code Enforcement Board of the city to obtain compliance with this chapter and payment of service charges or fees assessed by the city pursuant to the provisions of this chapter. The Code Enforcement Board shall have the authority to place a lien against the premises served by an alarm system in the amount of all assessed service charges and fees. Section 112.52 ALARM SYSTEM OPERATIONS. The City, its officers, employees and agents, shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, those duties or responsibilities being solely those of the alarm user. Additionally, it shall be the responsibility of the alarm user to silence an activated alarm and thereafter reset same. Section 112.53 LIMITATION OF LIABILITY. 10 The City, its officers and agents shall not be under any obligation or duty to an alarm user or to any other person hereunder by reason of this ordinance. The City specifically disclaims liability for any damages which may be caused by failure to respond to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 765.28, Florida Statutes. Section 112.54 REMED/ES TO BE CUMULATIVE. The remedies of the city provided in this chapter shall be cumulative with each other and other remedies existing according to law. Section 2. That ali ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading onthis the 17th day of January , 1995. ATTEST: .... ~' City Clerk ~ First Reading January 3, 1995 Second Reading January 17, 1995 11 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~/0' ~' - MEETING OF JANUARY 17. 1995 SECQND READING AND PUBLIC HEARING FOR ORDINANCE NO. 1-95 ALARM SYSTEMS DATE: JANUARY 13, 1995 This is second reading and public hearing for Ordinance No. 1-95 which repeals our existing alarm systems ordinance in its entirety and enacts a new Chapter 112, "Alarm Systems", which establishes updated procedures and fees relative to the regulation of alarm systems in the city. This ordinance has been discussed for some time. As now proposed, it requires alarm systems to deactivate within 15 minutes as opposed to 30 minutes. Registration of an alarm system will only be mandated after one false alarm, at which time a $10.00 fee will be charged. However, no registration fee will be required if a person registers at the time of acquiring an alarm installation permit or if they register prior to the emission of one false alarm. The fees imposed for false alarms which are responded to by the Police Department or the Fire Department are graduated, beginning at $50.00 for the fourth false alarm, $100.00 for the fifth, $150.00 for the sixth, and $200.00 each for the seventh and above, during each calendar year. During discussion at first reading on January 3, 1995, Dr. Alperin questioned the use of the word "activate" in Section 112.04(D) and suggested it be clarified. Section 112.04(D) has been revised to read, "Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a power failure are prohibited." The ordinance was passed on first reading by unanimous vote. Recommend approval of Ordinance No. 1-95 on second and final reading. ref: agmemo7 CITY OF DELRR¥ BERgH CITY AITORNEY'S OFFICE~o~,w^~,N.~^v~.~,~^~.,~o~4~4 TELEPHONE 407/243-7823 ° FACSIMILI~ 407/243-7816 POLICE LEGAL ADVISOR MEMORANDUM TO: Alison MacGregor Harty, City Clerk FROM: Eric D. Hightower, Police Legal Advisor DATE: January 18, 1995 SUBJECT: Alarm Ordinance Per the Commission's vote, I have enclosed a final revised version of the Alarm Ordinance. This version drops the word "deactivate" from the ordinance. Please feel free to contact me if I can be of further assistance in this matter. EDH:lbg ~~ Attachment RECEIVED ,1~/~' CITY CLERK ,,, £1T¥ DF DELRR¥ BERgH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: January 4, 1995 SUBJECT: Alarm Ordinance Revision Per the Commission's comments on January 3, 1995, I have clarified the language of Section 112.04(D) regarding the prohibition of Alarm Systems which transmit an alarm in the event of a power restoration. Please review the changes to see if they meet the Commission's request. Feel free to contact me if I can be of further assistance in this matter. ~ EDH:lbg ~ ~' c: Susan Ruby , City Attorney Lula Butler, Director of Community Improvement Michael Cato, Fire Department Tina Lunsford,. System Manager Allison MacGregor, City Clerk Attachment RECEIVED CITY CLERK [IT¥ DF I]ELRII¥ BEKIgH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 ' FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: December 22, 1994 SUBJECT: Alarm Ordinance Revisions Pursuant to the City Commission's comments on December 13, 1994, I have enclosed a revised alarm ordinance which incorporates the changes requested by the Commission. The changes are as follows: Section 112.03 - Definitions The "Registration Period" definition was deleted from the ordinance as the City will no longer require a yearly renewal of the registration. Section 112.04(B) - Prohibitions Audible alarm systems must deactivate within 15 minutes and not 30 minutes. Section l12.20(A)(B) - Alarm Registration Required Registrations will only be mandated after one (1) false alarm. Those persons who must register will pay a ten ($10.00) fee. Section 112.21(A) - Alarm Registration Application Persons will not have to pay a fee if they register at the time of acquiring an alarm installation permit or if they register prior to the emission of one false alarm. Section 112.21(B) - The enforcement official may request assistance if necessary to deactivate an alarm. This language allows discretion on the official's part and prevents persons from having to respond when they are not needed. Section 112.27 (A)(B) - Multiple False Alarms The term "registration period" was changed to "calendar year" as we have deleted "registration period" from the ordinance. I have asked Susan Ruby to review the ordinance for legal sufficiency as well as assuring that all Commission recommendations are incorporated in the revised ordinance. Please feel free to contact me if I can be of further assistance in this matter. EDH:lbg ~ ~ ' xc: Susan Ruby, City Attorney Lula Butler, Director of Community Improvement Michael Cato, Fire Department Tina Lunsford, Systems Manager