HomeMy WebLinkAboutDocumentation_Regular_Tab 05_01/10/20081. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
January 10, 2008 Meeting Type: Regular Ordinance #: Ciucb~ 'mere to enter text.
Consent Agenda: Yes Resolution #: 20-07/08
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Resolution 20-07/08. Establishing a violation fee in accordance with the Village Code of Ordinances Chapter
26; Alarms, Section 26-35 Service Charge for Excessive Class "B" Alarms.
3. BUDGET /FINANCIAL IMPACT:
Account #: 001-171-354.102 Code
Enforcement -Fines Sz Costs Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Chapter 26; Alarm Permits, Section 26-35 requires that a fee for excessive alarms be set by the Village
Council. In the present Ordinance no such fee has been set.
5. APPROVALS:
Dept. Head: ~ Finance Director:
Attorney: (for legal sufficiency)
Village Manager: ~7~ ~' -'
SUBMIT FOR COUNCIL DISCUSSION:
APPROVE ITEM:
Yes [~ No ^
DENY ITEM: ^
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To:
From:
Date:
Subject:
TEQUESTA POLICE DEPARTMENT
MEMORANDUM
Michael R. Couao, Jr.
Village Manager
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Chief William McCollo
December 5, 2007
ORDINANCE -CHAPTER 26; ALARM PERMITS
The Tequesta Ordinance 26 -Emergency Service; Division 2 -Alarm Permits requires "a fee
as set by resolution of the village council and on file in the village clerk's office will
automatically be charged to the user for each offense." This language is prevalent
throughout the ordinance and relates to any Class "B" Alarm violations. Our research has
failed to find any such resolution specifically set fines for alarm violations.
To correct the lack of a set fee and provide a means for the Village to enforce the Alarm
Ordinance, I am requesting your approval to submit a resolution to the Village Clerk asking
the Council to set our violation fee at $25.00 per violation, as defined by the ordinance.
The fine recommendation is based on our research of other municipalities. Other
municipalities have set their fees as:
Agency Fee per Alarm Violation
West Palm Beach ~ $75 (3-4) $100 (5+)
$25 (4+)
Palm Beach Gardens ~ $25 (4+)
Although the number of violations this calendar year that would constitute a fine is
minimal, the purpose of setting fine is to prevent an alarm owner from being a nuisance
to the community and motivate compliance by all alarm users.
At your convenience, please review my request and advise if I may submit a resolution
to the Village Clerk for the January 10, 2008 Council meeting.
1?_-05-07A11~48 RCVD
RESOLUTION N0.20-07/08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ESTABLISHING A
VIOLATION FEE OF $25.00 PER VIOLATION FOR RESPONDING TO
MORE THAN FIVE CLASS "B" ALARMS WITHIN ONE YEAR, IN
ACCORDANCE WITH SECTION 26-35, OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, CODE OF
ORDINANCES.
WHEREAS, the Village Council of the Village of Tequesta wishes to continue it's
response to in#rusion alarms within the Village of Tequesta; and
WHEREAS, the Village Council desires to continue providing a safe environment
for their business property and residents of Tequesta; and
WHEREAS, the Village Council has not set a fee for an excessive number of
alarms requiring police response; and
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 The excessive alarm response fee is hereby approved.
Section 2 This Resolution shall become effective immediately upon passage.
The foregoing Resolution was offered by ,who
moved its adoption. The motion was seconded by ,
and upon being put to a vote, the vote was as follows:
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
For Adoption Against Adoption
The Mayor thereupon declared the Resolution duly passed and adopted this
day of , 2008.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC
Village Clerk
Jim Humpage
2
Tequesta Police Department
Memorandum
I asked Lori McWilliams what amount we are able to charge for excessive alarm responses. She copied you on
her response to me, with a suggestion that you implement a fee schedule through Resolution. Specifically, I am
looking for the amount we will charge for each alarm response in excess of five per year (Sec. 26-35).
Sec. 26-35. Service charge for excessive class B alarms.
It is hereby found and determined that five class B alarms within one year is excessive and constitutes a public
nuisance. Should an alarm require the police department to respond to in excess of five class B alarms within
one year, the alarm user shall pay to the village a fee as set by resolution of the village council and on file in the
village clerk's office as a service charge for each excessive alarm so signaled. If the alarm user, upon notice,
fails to pay the service charge within 30 days of the date of notice, the alarm user shall be requested to appear in
person before the special master. The special master will use any of his powers to bring the alarm user to
compliance, including, but not limited to, directing a lien to be filed on the alarm user's property. The alarm user
may appear before the special master to explain or give any pertinent information as to why the alarm is being
activated and to what extent the user has tried to correct the problem. An alarm business representative may
appear with the user to explain any service history or corrections now taking place. Any alarm user requested to
appear before the special master shall be notified by certified mail or by a member of the police department
designated to issue a summons. If an alarm user fails to appear before the special master, a fee as set by
resolution of the village council and on file in the village clerk's office will automatically be charged to the user
for each offense.
(Code 1977, ~ 2.5-20)
Please advise. Thank you.
Kathi
Kathryn Barbera
Records Specialist
Tequesta Police Dept.
561-744-4010
kbarberaC~teg uesta. org