HomeMy WebLinkAboutDocumentation_Regular_Tab 12_09/08/2011 ,, ,��. �� VILLAGE OF TEQUESTA
� � AGENDA ITEM TRANSMITTAL FORM
�`
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 1��11
September 8, 2011
Consent Agenda: No Resolution #: r!w�k hPre �o �r text.
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Alarm Ordinance Revision and Update
3. BUDGET / FINANCIAL IMPACT:
Account #: ;��� �= Amount of this item `� ���. ���rP t� ent:,�r t�x�.
Current Budgeted Amount Available: Amount Remaining after item:
f ��L ts r�. i� , ��t�r �G;x:�. +`�" �^k ��r r a_, �
'J�i.... 4 , . �.
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Modify the number of Class B alarms that constitute a public nuisance within one year from five alarms
to three alarms and to revise and update outdated language.
5. APPROVALS:
�
Dept. Hea� �/ ,,���,�� Finance Director: o c,f�ti '�
Attorney: (for legal sufficiency) Yes ❑ No ❑
: __ __
Village Manager: '`"
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ❑
• DENY ITEM: �
�,��pUESTq TEQUESTA POLICE DEPARTMENT � •
. ���+� i;wtn�5uewss�
G�' �
4
A �� MEMORANDUM �'
DEoT � /
�
To: Michael R. Couzzo, Village Manager
From: G. Pitocchelli, Chief of Poiice�
Date: August 25, 2011
Subject: Revision of Alarm Ordinance
Attached for your consideration is an agenda item for September 8, 2011; a request to amend
Section 26-35 regarding the alarm ordinance.
ORDINANCE NO. 15-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 26. EMERGENCY SERVICES. AT
ARTICLE II. ALARMS. AT DIVISION I. GENERALLY. BY AMENDING
SECTION 26-35 TO MODIFY THE NUMBER OF EXCESSIVE CLASS B
ALARMS WITHIN ONE YEAR FROM FIVE ALARMS TO THREE
ALARMS, AND TO REVISE AND UPDATE OUTDATED LANGUAGE;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 26. EMERGENCY SERVICES. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to modify its service
charge for excessive class B alarms Ordinance by providing that three (3) such alarms within one
year shall be deemed excessive and a public nuisance; and
WHEREAS, the Village Council believes that these revisions to the Village's Code of
Ordinances are in the best interests of the Village of Tequesta, and will promote the public
health, safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
SecNon 1: Chapter 26. Emergency Services. at Article II. Alarms. at Division 1.
Generally. of the Code of Ordinances of the Village of Tequesta, Florida is hereby amended at
Sec. 26-35. Service charge for excessive class B alarms. by providing that (3) such alarms within
one year shall be deemed excessive and a public nuisance; providing that Sec. 26-35 shall
hereafter read as follows:
Sec. 26-35. Service charge for excessive class B alarms.
It is hereby found and determined that three �e 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 three �'r�e class B alarms within one year,
the alarm user shall pay to the village a fee as set by resolution of �lie 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 requasted to
appear in person before the special ma�istrate �aste�. The special magistrate
1
� mav use anv authoritv under his iurisdiction •-��" •�°° �„�� ��'��° „�•��°�° 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 ma�istrate �� 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 ma�istrate �ras�e� 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 ma�istrate ��, 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.
Section 2: Each and every other section and sub-section of Chapter 26. Emergency
Services. of the Code of Ordinances of the Village of Tequesta shall remain in full force and
effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: 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 of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this day of , 2011
SECOND AND FINAL READING this day of , 2011
2