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HomeMy WebLinkAboutOrdinance_08-13_04/11/2013 ORDINANCE NO. 8-13 AN ORDINANCE OF THE VTLLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY CREATING AN ENTIItELY NEW CHAPTER 4. ALARMS. RELOCATING CODE REGARDING ALARM SYSTEMS PREVIOUSLY CONTAlNED IN CHAPTER 26. EMERGENCY SERVICES; AND BY ELIIVIINATING ANNUAL ALARM REGISTR.ATION FEES; PROVIDING A CONFLICTS CLAUSE, A SEVER.ABILITY 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 loca.ted 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 elimina.te 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, TI-�REFORE, BE IT ORDAINED BY TI-� VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA, THAT: Section 1: 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. -Exemptions. Sec. 45. - Service charge for excessive class B alarms. S�. 4-6. -Reserved. Sec. 4-7. -Reportin�of service information. 1 Sec. 4-8. -Audible alarms; direct dialingdevices. Secs. 4-9--�-20. -Reserved. Sec. 4-1.-Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly 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 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 alarm. Class A alarms means all those activated by forced or illegal entry or attempted entry, any criminal activity,or other real emergencies, or those ca.used 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 which do not qualify as class A alann responses. Person means an individual,partnership or corporation. Sec. 4-2. -Penalty. A violation of this article shall be punishable according to law. , Sec. 43. -Limit�tion of li�bility. Neither the police department nor the village sha11 be under any obligation or duiy to an alarm user or to any other person by reason of this article. T'he police department and the village specifically disclaim liability for any damages which may be caused by failure to respond to an alarm. Sec.44.-Egemptions. This article shall nof apply to alarnis 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 tha.t three class B ala.rms 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 yeaz,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 chazge for each excessive alarm so signaled. If the alarm user, upon notice, fails to pay the service charge withi.n 30 days of the date of notice, the alarm user sha11 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. T'he alarm user may appeaz 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 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. -Reserved. Sec. 4-7.-Reporting of service information. Each alarm user shall maintain a current information card with the police deparhnent, containing his name, address, and telephone number as well as the name, address a.nd telephone number of the person who can render service to the alarm 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 all commercial C zones, or 15 minutes in all R zoned residential areas or any land use containing residential uses. (b) No person sha11 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 department or any other department or bureau of the village and then reproduces any prerecorded messa.ge to report any burglary,unauthorized entry or other emergency. Secs.4-9-4-20.-R�served. DIVISION 2.-ALARM PERMITS _ _ . _ __ _ ._ .. Sec. 4-21. -Reguired. _ _ _ Sec. 4-22. -Application. Sec. 4-23. -Issuance. Sec. 4-24. -Appeal of denial. Sec. 4-25. -Grounds for revocation. Sec. 426. -Anpeal of revocation. Sec. 4-27. - Reinstatement after revocation; char�e for alanns received while permit is revoked. Sec.4-21.-Required. It shall be unlawful for any person to have an alarm set up to be opera.tional unless that person first obtains an alarm permit from the village. 3 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 sha11 state the name, address, and telephone number of the applicant's properiy 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 alann 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 sha11 issue an alarm permit only after receiving the completed application and only after determining tha.t the proposed alarm will be correctly installed, maintained and used. Any denial sha11 give definite reasons. An application for the alazm permit may be denied if an applicant falsifies any information on the application, and a knowing falsification shall be a violation of tlus article. The chief or designee may consider the type of alarm and its history of functioning correctly, its proposed method of insta.11ation and any other pertinent factors when issuing or denying a permit. Sec.424.-Appeal of deni�l. Any applicant who is denied an alarm permit may appeal the denial to the special magisirate 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 falls 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. 4-25.-Grnunds 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 reasona.ble time when requested to do so by the police department; 2�{�} When the alazm system has signaled more tiian five class B alarms to wluch the police department responds within a period of six consecutive months; �{4�When an alarm user has been found to ha.ve falsified information on the alarm user's permit application;or �4 (�}When an alarm user fails to pay the service charge described in sections 4-5 and 4-27. 4 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 alarms,reinstatement can be obtained only if a licensed alarm company inspects or repairs the system and submits a report to the police departtnent stating wha.t has been done to correct the problem and that the system is in working order. If the alarm is maintai.ned 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 depa.rtment while the pernut 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 fou.nd to be operating an alarm in violation of the alarm user's permit will pay a fine as set by resolution of the village council and on file in the village clerk's office in order to be reins#ated. 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 sha11 take effect imxnediately upon passage. 5 Upon Second Reading this 11"' day of April 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra Absent The Mayor thereupon declared the Ordinance duly passed and adopted this 11 h day of April 2013. MAYOR OF TEQUESTA Abigai renn ATTEST: ����Aa ,, .`' Cp Lori McWilliams, MMCm 'X Village Clerk "'j., DA 6