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HomeMy WebLinkAboutOrdinance_309_10/13/1981• i i ORDINANCE N0. 309 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR SHOP,T TITLE; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR REQUIREMENT FOR ALARM PERr2IT; PROVIDING FOR EXEMPTION; PROVIDING FOR TiiE APPLICATION FOR ALARM PERMIT; PROVIDING FOR THE ISSUANCE OF ALARM PERMIT; PROVIDING FOR APPEALS; PPOVIDING FOR REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGE; PROVIDING FOR INSPECTION; PROVIDING FOR EXEMPTION OF HEARING; PROVIDING FOR REPORTING SERVICING FOR EXEMPTION HEARING; PROVIDING FOR REPORTING SERVICING INFORMATION; PROVIDING FOR PROHIBITIONS; PROVI- DIDTG FOR CRIMINAL PENALTIES; PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Police Department of the Village of Tequesta, Florida, has indicated that improper installation, maintenance, and use of burglar alarms in the Village has resulted in a tremendous number of "false alarms" being signaled to which the Police Depart- ment must respond; and ~~7HEREAS, the response to any alarm necessitates a deple- tion in the Police Department from its routine and necessary duties; and WHEREAS, the Police Department has indicated that virtually all alarms so activated are caused by defects in the alarms them- selves or in their installation, maintenance or use, rather than by burglaries; and WHEREAS, reasonable regulation of alarm businesses should result in a significant decrease in false alarms with a resultant savings in public resources, N06V, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. SHORT TITLE: This Ordinance may be cited as "The Burglar Alarm Ordinance." Section 2. DEFINITIONS: As used in this Ordinance the following words shall have the meanings ascribed to them by this Section: A. "ALARr~" shall mean any device which is designed and used in a building for the detection and alerting of others of • unauthorized entry, or any other crime, and which emits a sound signal, or message, when activated. B. "ALARM BUSINESS" shall mean any person licensed t sell, lease, maintain, service, repair, alter, replace, move or install any alarm for any building, place or premises. C. "ALARM USER" shall mean any person using an alarm D. "CLASS 'A' ALARMS" shall mean all those activate alarms which appear to have been activated by forced or illegal entry. E. "CLASS 'B' ALARMS" shall mean all activated alarm; (which do not qualify as Class "A" alarm responses. F. "PERS0~1" shall mean an individual, partnership or corporation. Section 3 . REQUIRET~ENT FOR ALARM PERMIT : It shall b~ unlawful for any person to have an alarm set up to be operation. unless that person first obtains an alarm permit from the Villa Section 4. EXEMPTION: This Ordinance shall not apply to alarms attached to motor vehicles or to publicly-owned proper Section 5. APPLICATION FOR ALAR'~4 PERMIT: Application for alarm permits shall be made to the Chief of Police on forms provided by the Chief. Each application shall be accompanied b~ fee of TEN ($10.00) DOLLARS. The application shall state the n~ address, and telephone number of the applicant's property to be serviced by the alarm, and the name and address and telephone ni of the applicant's residence, if different. If the applicant's alarm is installed or serviced by an alarm business, then the applicant shall also include the name and address of that businE A permit cannot be issued if the alarm business intended to be used is not licensed by the Village. Each permit shall be valic for a period of not more than one (1) year, a permit period beg: on October 1st and ending on September 30th of the subsequent yc Section 6. ISSUANCE OF ALARn-Z PERP~RIT: The Chief of Pc shall issue an alarm permit only after receiving the completed ('applications and only after the Chief determines that the propo: -2- • • alarm will be correctly installed, maintained and used. Any denia shall give definite reasons. An application for the alarm permit may be denied if an applicant falsifies any information on the application and a knovaing falsification shall be a violation of th Ordinance. The Chief may consider the type of alarm and its histo of functioning correctly, its proposed method of installation and any other pertinent factors. Section 7. APPEALS: Any applicant who is denied an ala permit may seek review of his denial by certiorari in the Circuit Court after first appealing to the ~Jillage Council. Section 8. REVOCATION OF PERMIT: An alarm permit may h revoked by the Chief of Police if the alarm user or his designated agent: A. Fails to respond to his activated alarm within a reasonable time when requested to do so by the Police Department; B. Refuses to allow the Police Department to conduct a reasonable inspection of the installed alarm pursuant to Section 1 of this Ordinance; or C. When his alarm system has signaled more than five (5 Class "B" alarms to which the Police Department responds within a period of six (6) consecutive months; or D. When an alarm user has been found to have falsified information on the alarm user's permit application. E. When an alarm userfails to pay the service charge described in Sections 9 and 10 hereof. Section 9. REIPISTATEMENT: If a permit has been revoked due to excessive alarms, reinstatement can be obtained only if a licensed alarm company inspects or repairs the system and submits report to the Police Department stating what has been done to corn the problem and that they system is in working order. If the alar is maintained by that user and he refuses to redesign or make any changes that a licensed alarm business recommends or will not allc a licensed alarm business to inspect or repair the system, then an Class "B" alarm received by the Police Department while the permit is revoked will require payment of a FIFTY ($50.00) DOLLAR fee. -3- • Any alarm user found to be operating an alarm in violation of the alarm user's permit will pay a fine of TWENTY-FIVE ($25.00) DOLLAF to be added to the original TEN ($10.00) DOLLARS in order to be reinstated. Section 10. SERVICE CHARGE & APPEARArdCE REQUEST: It i~ hereby found and determined that five (5) Class "B" alarms within one (1) year is excessive and constitutes a public nuisance. Shot an alarm require the Police Department to respond in excess of fiv (5) Class "B" alarms within one (1) year, the alarm user shall be requested to appear before the Village Council 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. If the Villa Council determines that the explanations are not valid, it can recommend that a fee be charged to the alarm user for any Class "E alarms after the allotted amount of five (5). The fee, not to exceed TWETd'l~Y-FIVE ($25.00) DOLLARS, shall be paid to the Village Tequesta as a service charge for each excessive alarm so signaled. Any alarm user requested to appear before the Village Council shal be notified by certified mail or by a member of the Police Depart- ment designated to issue a summons. If an alarm user fails to appear before the Village Council, a fee of TWENTY-FIVE ($25.00) DOLLARS will automatically be charged to the user for each offense Section 11. INSPECTION BY THE CHIEF OF POLICE. After notice to the alarm user, the Chief of Police is authorized to inspect the installed alarm. The alarm permit shall be displayed so as to be seen from the outside front of the building. Section 12. EXET~IPTION HEARING: Any alarm user whose permit has been revoked may appeal such action by filing an Applic tion for FIearing before the Village Council within thirty (30) day At the hearing, the user may present evidence and witnesses to support his claim that the revocation was unwarranted. The burden -4- • • of proving that such action was improper falls upon the appellant. After hearing the presentation, and after taking into consideration all other factors which it deems relevant, the Council may recommend a course of action to the Chief of Police. Section 13. REPORTING SERVICING INFORMATION: Each alarm user shall maintain a current information card with the Police Department, containing his name, address, and telephone number as well as the name, address and telephone number of the person or persons who can render service to the alarm system ata any hour of the day or night. Each alarm user shall immediately inform the Police Department of any and all changes in the information on file with the Police Department regarding such permit. Failure to so inform the Police Department may constitute grounds for revocation of the permit. Section 14. PROHIBITIONS: All audible alarms on the out- side of a building must cut off automatically no longer than thirty (30) minutes after being set off. Section 15. CRIMINAL PENALTIES: A violation of this Ordinance shall be punishable according to law. Section 16. I,IP?ITATION OF LIABILITY: Neither the Police Department nor the Village of Tequesta shall be under any obligation or duty to an alarm user or to any other person hereunder by reason of this Ordinance. The Police Department and the Village of Tequesta specifically disclaim liability for any damages which may be caused by failure to respond to an alarm. Section 17. SEVERABILITY: If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reasor. held to be declared unconstitutional, inoperative or void, such holdings shall not effect the remainder of this Ordinance. Section 18. CODIFICATION: Permission to codify this Ordinance is hereby granted. -5- Section 19. EFFECTIVE DATE. This Ordinance shall take effect upon passage and approval as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Stoddard who moved its adoption. The Ordinance was seconded by Councilmember Little and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Lee 1~1. Brown Leslie A. Cook Thomas J. Little W.H. Mapes, Jr. Carlton D. Stoddard The P2ayor thereupon declared the Ordinance duly passed and adopted this 13 day of October 1981. n1AYOR OF TEQUESTA ATTEST: e miler // -6-