HomeMy WebLinkAboutDocumentation_Regular_Tab 07_03/14/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord 8-13
3/14/13
Consent Agenda: No Resolution #:
Originating Department: Village Attorney
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Ordinance 8-13, First Readinq, Amending the Village Code of Ordinances by Creating an Entirely
New Chapter 4. Alarms. Relocating Code Regarding Alarm Systems Previously Contained in Chapter
26. Emergency Services - Village Attomey Davis
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Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: N/A Amount Remaining after item: N/A
Budget Transfer Required: No Appropriate Fund Balance: No
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Department Head �;: �� t �, �, � � � � ,�
Finance Director
Reviewed for Financial S iciency ❑ ��
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No Financial Impact �
Attorney: (for legal sufficiency)
Village Manager: �_ _ ��
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE &13
AN ORDINANCE OF THE VII.LAGE C�UNCIL OF 'fHE VILLAGE OF
TEQUESTA, FLORID.A, AMENDING THE VILLAGE CODE OF
URDINANCES BY CREATING AN ENTIRELY NEW CHAPTER 4.
ALARMS. RELOCATING CODE REGARDING ALARM SYSTEMS
PREVIOUSLY CONTAINED IN CHAPTER 26. EMERGENCY
SERVICES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODTFY; PROVIDING AN EFFECTNE
DATE; AND FOR OTHER PURPOSES.
WI�REAS, the Village Council of the Village of Tequesta has revised its ernergency
management code and located such code in Chapter 26, which is where the village's alarm code
was previously located; and
WHEREAS, the Village Council desires to re-loca.te its alarm code to an entirely new
Cha.pter 4. Entitled "Alarms;" and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of thE Village of Tequesta that the
Village re-organize its code as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQLTESTA, FLORIDA, THAT:
Se�tion 1: Chapter 4. Alarms. of the Cod.e of Ordinances of the Village of Tequesta
is hereby created, containing alazm system code and regulations previously located in Chapter
26. Emergency Services; providing that Chapter 4. Ala,rms. shall hereafter read as follows:
Chapter 4
ALARMS
DIVISION 1. - GENERALLY
_ __ _ _ . . _. _ _ ___ _
Sec. 4-1. - Defuutions.
Sec. 42. - Penaltv.
Sec. 4-3. - Limitation of liabilitv.
Sec. 4-4. - Exemptions.
Sec. 4-5. - Service chaz e for excessive class B alarms.
S ec. 4-6. Insnections.
Sec. 4-7. - Reportin o� f service information.
Sec. 4-8. - Audible alarms; direct dialing devices.
5ecs. 4-9-4-20. - Reserved.
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Sec. 4-1. - Defmitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in t}us section, except where the cc�ntext cleazly indicates a
different meaning:
Alarm means any device which is designed and used in a building for the
detection and alerting of others of unauthorized entry, burglary, fire, robbery, or medical
emergency, panic buttons, or any alarm which requires a police response and which emits
a sound, signal, or message when activated.
Alarm business mea�s any person licensed to sell, lease, maintain, service, repair,
alter, replace, move or install any alarm for any building, place or premises.
Alarm user means any persan using an alarm.
Class A adarms means a11 those activated by forced or illegal entry or attempted
entry, any criminal activity, or other real emergencies, or those caused by an act of nature
or off-premises error and not contributed to by faulty maintenance, installation or usage.
Class B alarms means a11 acrivated alarms which do not qualify as class A alarm
responses.
Ferson means an individual, gartnership or corporation.
Sec. 4-2. - Penalty.
A violation of this article shall be punishable according to law.
Sec. 4-3. - Limitation of liability.
Neither the police department nor the village shall be under any obligation or duty
to an alarm user or to any other person by reason of this article. The police department
and the village specifically disclaim liability for any damages which may be caused by
failure to respond to an alarm.
Sec. 4-4. - Exemptions.
This article sha11 not apply to alarms attached to motor vehicles or to publicly
owned property.
Sec. 4-5. - Service charge for egcessive class B alarms.
It is hereby found and determined that three class B alarrns within one year is
excessive and constitutes a public nuisance. Should an alarm requ.ire the police
department to respond to in excess of three class B alarms within one year, the alarm user
sha11 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 chazge for ea.ch 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 magistrate. 1'he
special magistrate may use any authoriiy under his jurisdiction to bring the alarm user to
compliance, including, but not limited to, directing a lien to be �iled on the alarm user's
property. The alarm user may appear before the special magistrate to explain or give any
�rtinent information as to why the alarm is being activated and to what extent the user
has tried to correct the problem. An alaim business representative may appear with the
user to explain any service histary or corrections now ta.king place. Any alarm user
requested to appear before the special magistrate shall be notified by certified mail or by
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a member of the police department designated to issue a summons. If an alarm user fails
to appear before the special magistrate, 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.
Sec. 4-6. - Inspections.
After notice to the alarm user, the cluef of police or designee is authorized to
inspect the installed alartn.
Sec. 4-7. - Reporting of service inform�tion.
Each alarm user sha11 maintain a current information card with the police
departrnent, containing his na.me, address, and telephone number as well as the name,
address and telephone number of the person who can render service to the alarm system
at any hour of the day or night. Each alarm user shall immediately inform the police
departnient of any and all changes in the information on file with the police department
regarding such permit. Failure to so inform the police depastment may constitute grounds
for revocation of the permit.
Sec. 4-8. - Audible alarms; direct dialing devices.
(a) All audible alarms on the outside of a building must cut off automatically no
longer than 30 minutes after being set aff in all commercial C zones, or 15
minutes in a11 R zoned residential areas or any land use containing resident�al
uses.
(b) No person shall use or cause to be used any telephone or electronic device or
attachment that automatically selects a public primary telephone trunk line of the
public safety deparrt��ment or any other department or bureau of the village and then
reproduces any prerecorded message to report any burglary, unauthorized entry or
other emergency.
Secs. 4-9-4-20. - Reserved.
DIVISION 2. - ALARM PERMITS
_ _ _ _ __ _... _
Sec. 421. - Required.
Sec. 4-22. - Application.
Sec. 4-23. - Issuance.
Sec. 4-24. - A�peal of denial.
Sec. 4-25. - Grounds for revocation.
Sec. 4-26. - Appeal of revocation.
Sec. 4-27. - Reinstatement after revocation: charge for alarms received while permit is
revoked.
Sec. 4-21. - Required.
It shall be unlawFul for any person to have an alarm set up to be operational unless
that person first obtains an alarm permit from the village.
Sec. 4-22. - Application.
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Applications for alarm pernuts shall be made to the chief of police or designee on
forms provided by the police department. Each application sha11 be accompanied by a fee
as set by resolution of the village council and on file in the village clerk's office. The
application shall state the name, address, and telephone number of the applicant's
property to be serviced by the alarm, and the name and address arid telephone number 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
business. A permit cannot be issued if the alarm business intended to be used is not
licensed by the village. Each permit sha11 be valid for a period of not more than one year,
a permit period beginning on October 1 and ending on September 30 of the subsequent
year.
Sec. 4-23. - Issuance.
The chief of police or designee shall issue an alarm permit only after receiving the
completed application and only after determining that the pmposed alarm will be
correctly installed, maintained and used. Any denial sha1Z give definite reasons. An
application for the alarm permit may be denied if an applicant falsifies any information
on the application, and a knowing falsification shall be a violation of this article. The
chief or designee may consider the type of alarm and its history of functioni.ng cortectly,
its proposed method of installation and any other pertinent factors when issuing or
denying a permit.
Sec. 4-24. - Appeal of denial.
Any applicant who is denied an alarm permit may appeal the denial to the special
magistrate within 30 da.ys from the date of the denial. At the hearing, the applicant may
present evid�nce and witnesses to support his claim that the denial was unwarranted. 'The
burden of proving that such action was improper falls upon the appellant. After hearing
the presenta.tion, and after taking into consideration all other factors wluch he deems
relevant, the special magistrate may render an order providing relief as appropriate under
the circumstances.
Sec. 4-25. - Grounds for revoc�tion.
An alarm permit may be revoked by the chief of police or designee:
(1) If the alarm user or his designated agent fails to respond to his activated
alarm within a reasonable time when requested to do so by the police
department;
(2) If the alarm user or his designated agent refuses to a11ow the police
department to conduct a reasonable inspection of the installed alarm
pursuant to sectian 4-6
(3) When the alarm system has signaled more than five class B alarms to
which the police department responds within a period of six consecutive
months;
(4) When an alarm user has been found to have falsified information on the
alazm user's permit application; or
(5) When an alarm user fails ta pay the service charge described in sections 4-
5 and 4-27
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Sec. 4-26. - Appeal of revocation.
Any alann user whose permit has been revoked may appeal such action by filing
an application for hearing before the special magistrate within 30 days from the date of
the revocation. At the hearing, the user may present evidence and witnesses to support his
claim that the revocation was unwarra.nted. The burden of proving that such action was
improper fa11s upon the appellant. After hearing the presentation, and after taking into
consideration a11 other factors which he deems relevant, the special magistrate may
render an order providing relief as appropriate under the circumstances.
Sec. 4-27. - Reinstatement after revocation; charge for alarms received while permit is
revoked.
If an alarm permit has been revoked due to excessive alarms, reinstatement can be
obtained only if a licensed alarm company inspects or repairs the system a.nd submits a
re�rt to the police deparlment stating what has been done to correct the problem and that
the system is in working order. If the alarm is maintained by that user and he refuses to
redesign or make any changes that a licensed alarm business recommends or will not
allow a licensed alarm business to inspect or repair the system, then any class B alarm
received by the police department while the permit is revoked will require payment of a
fee as set by resolution of the village council and on file in the village clerk's oi�'ice. Any
alarm user found to be operating an alarm in violation of the alarm user's permit will pay
a fine of $25.00, to be added to the original pernut fee, in order to be reinsta.ted.
Section 2: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall ta.ke effect immediately upon passage.
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