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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_04/11/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 8-13 as amended on first 4/11 /13 reading Consent Agenda: No Resolution #: Originating Department: Attorney � �� •• • • - : -• • -�• Ordinance 8-13, Second Readinp, 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; and by Eliminating Annual Alarm Registration Fees. , . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choase an Appropriate Fund Balance: ���- �o.�� � .- • •' .• • e� e • � .e� •. Ordinance 8-13, Second 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; and by Eliminating Annual Alarm Registration Fees. . -• . . Department Head Submitted by Village Attorr�ey Finance Director ,_.�/ ' � j �� Reviewed for Financial Sufficiency LSd � l����iJ No Financial Impact ❑ �' �; Attorney: (for legal sufficiency) Village Manager: � Submit for Council Discussion: � �� Approve Item: ❑ Deny Item: � • • - . . - _. -- - . -• •- - • .- - •- • •• - • • -• . • • _ - s - • - Form Amended: 7/12/12 ORDINANCE NO. 8-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, 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; AND BY ELIMINATING ANNUAL ALARM REGISTRATION FEES; 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 has revised its emergency 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-locate its alarm code to an entirely new Chapter 4. Entitled "Alarms" and eliminate the requirement of paying an annual registration fee; 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 TEQUESTA, FLORIDA, THAT: Section l: Chapter 4. Alarms. of the Code of Ordinances of the Village of Tequesta is hereby created, containing alarm system code and regulations previously located in Chapter 26. Emergency Services; providing that Chapter 4. Alarms. shall hereafter read as follows: Chapter 4 ALARMS DIVISION 1. - GENERALLY Sec. 4-1. - Definitions. Sec. 4-2. - Penaltv. Sec. 4-3. - Limitation of liabilitv. Sec. 4-4. - Exem tions. Sec. 4-5. - Service char�e for excessive class B alarms. Sec. 4-6. - Inspections. Sec. 4-7. - Reporting of service information. 1 Sec. 4-8. - Audible alarms; direct dialing devices. Secs. 4-9-4-20. - Reserved. Sec. 4-1. - Defmitions. The following words, terms and phrases, when used in this article, sha11 have the meanings ascribed to them in this section, except where the conte� clearly indicates a different meaning: Adarm 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 husiness means any person licensed to sell, lease, maintain, service, repair, alter, replace, move or install any alann for any building, place or premises. Alarm user means any person using an alann. Ctass A alarms means all 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 all activated alarms wluch do not qualify as class A alarm responses. Person means an individual, partnership or corporation. Sec. 4-2. - Penalty. A violation of this article shall be punishable according to law. 5ec. 4-3. - Limitation of lisbility. Neither the police department nor the village shall be under any obligation or duty to an alaxm 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. - Egemptions. This article sha11 not apply to alarms attached to motor vehicles or to publicly oumed property. Sec. 4-5. - Service charge for ezcessive class B alarms. It is hereby found and determined that three 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 class B alarms within one year, the ala.rm 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 chazge within 30 da.ys of the date of notice, the alarm user shall be requested to appear in person before the special magistrate. The special magistrate may use any authority under his jurisdiction 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 magistrate to explain or give any pertinent information as to why the alarm is being activated and to what extent the user 2 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 magistrate shall be notified by certified mail or by a member of the police departrnent 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 chief of police or designee is authorized to inspect the installed alarm. Sec. 4-7. - Reportiung of serviee 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 who can render service to the alann system at any hour of the day or night. Each alarm user sha11 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. 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 off in a11 commercial C zones, or 15 minutes in a11 R zoned resideatial areas or any land use containing residential uses. (b) No person shall use or cause to be used any telephone or electronic device or atta.chment that automatically selects a public primary telephone trwik line of the public safety department or any other departrnent or bureau of the village and then reproduces any prerecorded message to report any burglary, unauthorized entry or other emergency. Secs. 49---4-20. - Reserved. DIVISiON 2. - AL,ARM PERMITS _ _ 5ec. 4-21. - Required. _ Sec. 4-22. - Application. Sec. 4-23. - Issuance. Sec. 4-24. - An e�al of denial. Sec. 4-25. - Grounds for revocation. Sec. 4-26. - Appeal of revocation. Sec. 4-27. - Reinstatement after revacation; char�e for alarms received while permit is revoked. 3 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. Applications for alarm permits shall be made to the chief of police or designee on forms provided by the police department. ' . 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 and 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 shall 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 proposed alarm will be correctly installed, maintained and used. Any denial shall 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 ar designee may consider the type of alarm and its history of functioning correctly, 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 days from the date of the denial. At the hearing, the applicant may present evidence and witnesses to support his claim that the denial was unwarranted. The burden of proving that such action was improper falis upon the appellant. After hearing the presentation, and after taking into consideration all other factors which he deems relevant, the special magistrate may render an order providing relief as appropriate under the circumstances. Sec. 4-25. - Grounds for revocation. 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 allow the police department to conduct a reasonable inspection of the installed alarm pursuant to section 4-6 4 (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 alarm user's permit application; or (5) When an alarm user fails to pay the service charge described in sections 4- 5 and 4-27 Sec. 4-26. - Appeal of revocation. Any alarm 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 unwarranted. The burden of proving that such action was improper falls upon the appellant. After hearing the presentation, and after taking into consideration all 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 alanns, reinstatement can be obtained only if a licensed alarm company inspects or repairs the system and submits a report to the police department 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 office. Any alarm user found to be operating an alarm in violation of the alarm user's permit will pay a fine of $25.00, , in order to be reinstated. 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 shall 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 take effect immediately upon passage. 5