HomeMy WebLinkAboutOrdinance_15-11_10/13/2011 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ALARMS, AND TO REVISE AND UPDATE OUTDATED LANGUAGE;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 dF CHAPTER 26. EMERGENCY SERVICES. SHALL
REIVIAIN 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 sha11 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 THEREFQRE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
SecHon 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 sha11 be deemed excessive and a public nuisance; providing that Sec. 26-35 shall
hereafter read as follows:
Sec. 26-35. Service cLarge for egcessive class B alarms.
It is hereby found and detertnined that ee �e class B alar�ns within one year is
excessive and constitutes a public nuisance. Should an alarm require t1�e police
departznent to respond to in excess of ee �e 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 sha11 be requested to
appear in person before the special ma�istrate �as�e�. The special ma is� trate
1
�e� mav use anv authoritv under his iurisdiction �_„" •��° °r�� ^�'^�° ��°� 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 � 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�is�rate t�, 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 sha11 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.
2
Upon Second Reading this 9 day of June 201 l, the foregoing Ordinance was offered by Council
Member Humpage who moved its adoption. The motion was seconded by Council Member
Brennan and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice-Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Tui•nquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 13 day of October
2011.
MAYOR OF TEQUESTA
�
� __
�/ !!
____--
Tom�Paterno
ATTEST:
�����,,, �, � � � � � �, �,,,,,
�.�, . � ,y . ° . ,��"�����' ,,�'�C;= ,
t.� (.� �L � � � (� t _t,�" � �:.��'.t f,t�� J • G ,,� . � �
Lori McWilliams, MM��; �i�� � ��;��
Village Clerk :� 9 '�D9q� .�.�`�'
:;,.�',�'�.,�� FlI
�,��� �� Cg� ��`° ;;
��.°i,-.ad �'s @ P."f.4L..R�!