HomeMy WebLinkAboutOrdinance 99-64
ORDINANCE NO. 99-"~
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ADOPTING A CODE SECTION ENTITLED
"SECURITY ALARMS"; TO PROVIDE A PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR
REGISTRATION, APPLICATION, TRANSFERABILITY,
AND FALSE STATEMENTS; PROVIDING FOR ALARM
SYSTEMS IN APARTMENT COMPLEXES; PROVIDING
FOR REGISTRATION INFORMATION UPDATE;
PROVIDING FOR PROPER ALARM SYSTEMS OPERATION
AND MAINTENANCE; PROVIDING FOR REGULATION OF
SIGNALS SENT TO GOVERNMENTAL AGENCIES;
PROVIDING FOR INDIRECT ALARM REPORTING;
PROVIDING FOR ALARM SYSTEM OPERATING
INSTRUCTIONS; PROVIDING FOR ALARM DISPATCH
RECORDS; PROVIDING FOR SYSTEM PERFORMANCE
REVIEWS; TO PROVIDE FOR FALSE ALARM
NOTIFICATIONS; PROVIDING FOR APPEAL OF FEES OR
PENALTIES; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The Code of Ordinances ofthe City of Sunny Isles Beach, Florida is hereby
amended by adding a new section entitled "Security Alarms" which shall read as follows:
Sec. 1.
Purpose.
(A) The purpose of this ordinance is to provide an emergency contact form for
each alarm systems owner and to encourage security alarm users and alarm
businesses (sales, installation, customer service and/or monitoring) to maintain the
operational reliability and the proper use of alarm systems in order to limit
unnecessary police emergency responses to false alarms and alarm malfunctions.
(B) This ordinance applies to all alarm systems, including both local alarms and
alarms sent to a central monitoring station, which are designed to elicit a response
from the Police Department under the presumption that a crime has occurred,
requires alarm system registration, provides for penalties for violations, creates a
system of administration, and provides for an appeal process.
Security Alanns Ord.
Sec. 2.
Definitions.
(A) Alarm Administrator means a person or persons selected by the Police Chief
to administer, control and review alarm registrations and false alarm notifications.
(B) Alarm Notification means a notification intended to summon the police,
which is designed either to be initiated purposefully by a person or by an alarm
system that responds to a stimulus characteristic of unauthorized intrusion. At the
sole discretion of the Alarm Administrator, multiple false alarm notifications in a
twenty four (24) hour period of time may be counted as only one False Alarm
Notification.
(C) Alarm Site means a single premise or location served by an alarm system or
systems.
(D) Alarm System means a device or system that emits, transmits or relays a
signal intended to summon, or that would reasonably be expected to summon, police
services of the City, including, but not limited to, local alarms. Alarm system does
not include:
(1) An alarm installed on a vehicle unless the vehicle is
permanently located at a site.
(2) An alarm designed to alert only the inhabitants of a premise
that does not have a local alarm.
(E) False Alarm Notification means an alarm notification to the Police
Department, when the responding officer finds no evidence of a criminal offense or
attempted criminal offense. Excluded from this definition are:
(1 ) Alarms occurring during electrical storms, hurricanes,
tornadoes and other acts of God; where there is clear evidence
of physical damage to the system requiring repair services; or
(2) The intermittent disruption or disruption of the telephone
circuits used by the alarm system that are beyond the control
of the alarm company and/or alarm user; or
(3) Electrical power disruption or outage in excess of two
hours; or
(4) Alarms caused by a failure of the equipment at the
alarm monitoring company with written verification.
(F)
Local Alarm means an alarm system that emits a signal at an alarm site that
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Security Alarms Ord.
is audible or visible from the exterior ofthe structure protected.
(G) Officer shall mean the City of Sunny Isles Beach Police Department
employee responding to an alarm covered by this Ordinance.
(H) Monitoring Company means a company properly licensed by the State of
Florida to monitor alarm systems.
(I) Registered Owner means the person designated in the application process as
required in Subsection l1(c)(I) who is responsible for responding to alarms and
giving access to the site, and who is responsible for proper maintenance and
operation of the alarm and payment of penalties and fees relating to the operation of
the alarm system.
(J) Person means an individual, corporation, partnership, association,
organization, or similar entity.
(K) Police Chief means the Chief Law Enforcement Officer of the City of Sunny
Isles Beach, Dade County, Florida or their designee.
(L) Special Trunkline means a telephone line leading into a communications
center of the Police Department that is for the primary purpose of receiving
emergency messages that originate from automatic protection devices and are
transmitted directly or indirectly through an alarm monitoring company.
(M) City means the City of Sunny Isles Beach, Dade County, Florida.
Sec. 3.
Reeistration Required: application: transferability: false
statements.
(A) All persons must complete and submit to the City an emergency contact
registration form for their alarm if they operate or cause to be operated an alarm
system in the City. This shall include condominium associations, hotel/motel owners
or owners of business establishments. A separate registration is required for each
Alarm System. Upon receipt of a completed registration form, the Police
Department shall issue a numbered alarm sticker to the applicant to facilitate retrieval
of registration information. Each registration information must include the following
information:
(1)
The name, address and daytime and evening telephone
numbers of the person who is responsible for the proper
maintenance and operation of the alarm system under this
Ordinance;
(2)
The name, address and daytime and evening telephone
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Secwity Alarms Ord.
numbers of at least one (1) alternative person who can be
contacted in the case of activation of the alarm system in the
event that the alarm owner cannot be contacted;
(3) The classification ofthe alarm site, as residential, commercial
or apartment;
(4) When required by this Ordinance, certification by a person
licensed by the State of Florida to install or design systems
stating;
(a) The day of installation or maintenance of the
alarm system, whichever is applicable; and
(b) The current Florida State License of the person
performing or directly supervising the installation or
maintenance of the alarm system.
(c) Any other information required by the Police Chief
which is required for enforcement ofthis Ordinance.
(B) Any false statement of a material matter made by an applicant for the purpose
of registering an alarm shall be a violation oflaw.
(C) An alarm registration cannot be transferred to another person. When property
changes ownership a new registration form with updated information must be
completed by the new owner within thirty days.
(D) An alarm owner shall inform the City in writing of any change that alters any
information listed on the registration within fifteen (15) days. No fee or charge shall
be assessed for such changes.
(E) Upon the Police Department becoming aware of any unregistered alarm
system, the following procedure shall apply prior to enforcement of the penalties
contained in this section:
(1) A certified, return-receipt requested, letter that includes a
blank registration form, shall be sent to the owner of record of the
property, tenant or listed business proprietor in question notifying
him/her of the requirement to register their alarm.
(2) This letter shall give the owner, tenant or business proprietor
fifteen (15) days from receipt of this letter to comply by submitting
the required registration form to the City.
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Security A1anns Ord.
(3) Failure to comply within the fifteen (15) day period shall
make the alarm owner subject to the assessment of a twenty-five
($25) dollar fee. An additional twenty-five ($25) dollar fee shall be
assessed for each subsequent False Alarm Notification where the
alarm owner has not supplied the required information and shall be
in addition to any other fees imposed.
Sec. 4.
Alarm Systems in Apartment Complexes.
(A) The owner or property manager of an apartment complex shall obtain a
master alarm registration form from the City if any alarm system is operated on their
premIses.
(B) The individual or entity named in the master alarm registration form is
responsible for False Alarm Notification emitted from unoccupied residential units.
(C) The owner or property manager of an apartment complex shall provide a
separate completed registration form for any alarm system operated in a non-
residential area of the apartment complex, including, but not limited to common
tenant areas and offices, and storage and equipment area.
(D) A tenant of an apartment complex shall also obtain an alarm registration form
from the City before obtaining or causing the operation of an alarm system in the
tenant's residential unit.
Sec. 5.
Reeistration Information Update.
(A) It is the responsibility of alarm system owners to notify the Police
Department within fifteen (15) days of any changes in registration or emergency
contact information.
(B) Ifthe Police Department respond to an alarm and find that the registration or
emergency contact information are incorrect, they shall forward a certified letter,
return receipt requested, to the alarm owner, or in the absence of correct registration
information to the location where the alarm system is installed. This letter shall
include a blank registration form and shall inform them ofthe requirement to supply
registration information.
(C) The alarm system owner must submit correct updated information to the
Police Department within fifteen (15) days of receipt oftms letter. Failure to do so
will make the alarm system owner subject to the assessment ofa twenty-five dollars
($25) fee. This fee shall then be imposed for every instance where the police
respond and the alarm owner has failed to supply current information and shall be in
addition to any other fees imposed.
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Security Alarms Ord.
Sec. 6. Proper Alarm Systems Operations and Maintenance.
(A) A registered alarm owner or person in control of an alarm system shall:
(1) Maintain the premises and the alarm system in a manner that will
minimize or eliminate False Alarm Notifications;
(2) Respond or cause hislher representative to appear at the systems
location within a reasonable period of time when notified by the City to
deactivate a malfunctioning alarm system, to provide access to the premises
or to provide security for the premises;
(3) Not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report; and
(4) Post any alarm sticker issued by the City on a window nearest to the
front door of the residence or business of the alarm site or in the case of a
gated house where it can be easily seen by responding officers.
(B) A person in control of a local alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that an alarm signal will sound for no longer than 10
minutes after being activated (or 15 minutes for systems operating under UL 365 or
UL 609).
Sec. 7.
Si2nals sent to Governmental A2encies.
(A) No person in charge of a local alarm or alarm system shall permit an alarm
indication from such alarm to be sent directly to any City governmental entity or
facility without specific written permission of the Police Chief.
(B) In the event that such permission is obtained, the person in control of the local
alarm or alarm system that sends its alarm signal indication directly to the City
governmental entity or facility shall adjust the mechanism, or cause the mechanism
to be adjusted, so that upon activation of the alarm the system will not transmit
another alarm signal without being manually reset.
Sec. 8.
Use of Licensed Contractors.
A registered alarm owner or person in control of an alarm system shall not contract
or retain an alarm company which is not properly licensed. Un-licensed alarm
contracting is a violation of Florida Statutes and punishable by fine and/or
imprisonment.
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Security Alarms Ord.
Sec. 9.
Indirect Alarm Reportin~.
(A) A person who is engaged in the business of relaying alarm notifications to the
City shall:
(1) Be properly licensed as required by the State of Florida and any
jurisdiction where they have an actual place of business;
(2) Report alarms only over special trunklines or other communications
facilities designed by the City or its contractor; and
(3) Communicate alarm notifications to the City in a manner and form
determined by the City.
Sec. 10.
Alarm System Operatin~ Instructions.
A person in control of an alarm system shall maintain at each alarm site a complete
set of written operating instructions for each alarm system. Special codes,
combinations or passwords should not be included in these instructions.
Sec. 11.
Alarm Dispatch Records.
(A) The officer responding to a dispatch resulting from any alarm covered by this
Ordinance shall record such information as necessary to permit the Police Chief to
maintain records, including but not limited to the following:
(1) The identification ofthe registered owner or, ifno registration exists,
the owner or person in charge of the premises, ifknown;
(2) The exact address of the alarm site;
(3) The dispatched received date, time and arrival time;
(4) The weather conditions;
(5) The area of the premises involved, ifknown; and
(6) The name ofthe registered owner's representative, if on the premises.
(B) The responding officer shall indicate on the dispatch record whether the
notification was caused by a criminal offense, an attempted criminal offense or was
a false alarm/alarm notification.
(C) In the case of an assumed false alarm or alarm malfunction, the responding
officer shall leave notice at the alarm site that the Police Department has responded
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Security Alarms Ord.
to a false alarm or alarm malfunction notification. The notice shall include the
following information:
(1) Date and time ofthe police response to the false alarm notification;
(2) The identification number of the responding officer; and
(3) A statement that shall, in substance, urge the registered owner to
ensure that the alarm system is properly operated and maintained to avoid
service fees.
Sec. 12.
System Performance Reviews.
It shall be considered prima facie proof in any alarm system that experiences seven
(7) or more false alarms within a registration year that there is reason to believe that
the alarm system is not being used or maintained in a manner that ensures proper
operation and suppresses false alarms and/or alarm malfunction. In such instances
as detailed in Sec. 13 below, the Police Chief shall have the authority to order the
alarm owner to attend a meeting with the Police Chief, or his/her designee, where the
alarm permit holder and the individual or association responsible for maintenance of
the alarm system come to the Police Station to review the circumstances of each false
alarm/alarm malfunction. As a result of this meeting the Police Chief may require
certain improvements to the alarm system such as, but not limited to, power,
telephone and remote circuit surge protectors. Failure to either meet with the Police
Chief or to comply with the systems improvement recommendations within thirty
days of written notification is grounds for charging an additional two hundred dollars
($200) fee for each additional False Alarm Notification.
Sec. 13.
False Alarm Notifications.
(A) The owner of an alarm or the person in control of an alarm system shall be
subject to fees or penalties concerning their alarm depending upon the number of
false alarm notifications emitted from an alarm system covered by this Ordinance
within a twelve (12) month registration period commencing on January 18t of each
year based upon the following schedule:
(1) No fee shall be assessed for the first three (3) false alarms/alarm
malfunctions at the same specific alarm site during each twelve (12) month
permit period commencing on January 18t of each year. Thereafter the
following fees shall be paid by the permit holder for each false alarm.
Number of False Alarms/Alarm Malfunctions
Fee per False Alarm
Fourth
Fifth
$50
$100
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Security Alarms Ord.
Sixth and above
$200
(2) In the event of a second alarm within a twenty-four (24) hour period
occurring at a business premises during non-business hours, the owner, or
their designated emergency contact, shall respond within forty-five (45)
minutes to the alarm site upon notification by the Police Department. Failure
to comply with the provisions ofthis paragraph shall result in a two hundred
dollars ($200) fee.
(3) Any person who operates a newly installed alarm system shall not be
subject to False Alarm Notifications during the sixty (60) calendar days
following the systems completion provided a completed emergency contact
form is received by the Police Chief. The completion date of the alarm
installation shall be certified by a person currently licensed by the State of
Florida or the form shall show the purchase date of self-installed systems.
(4) Alarm activation caused by an actual criminal offense or with
evidence of a criminal attempt shall not be counted as a False Alarm
Notification.
Sec. 14.
Appeal of Fees or Penalties.
(A) Ifthe City, through the Police Chief, assesses administrative fees or penalties,
the Police Chief shall send written notice of their action and a statement of the right
to an appeal, by registered mail, return receipt requested, to either the alarm owner
or the applicable alarm company.
(B) The alarm owner or the alarm company may appeal the decision of the City
to a Special Master appointed by the City by submitting a written request for a
review, together with a fee of fifty dollars ($50), setting forth the reasons for the
appeal within ten (10) days, after receipt of the notice from the Police Chief. If a
request for an appeal is not filed within ten (10) days the decision of the Police Chief
is final. If the applicant is successful upon appeal, the fifty dollar ($50) fee shall be
returned.
(C) Filing of a request for an appeal shall stay the imposition of fees or penalties
by the Police Chief until the Special Master has completed his/her review and
rendered a decision. A hearing shall be scheduled and concluded within thirty (30)
days from the date of written request for same as received unless rescheduled by
mutual agreement.
(D) The decision of the Special Master shall be determined by the conducting of
a formal hearing and consideration of the evidence of any interested parties.
(E) The Special Master shall render hislher decision within twenty (20) days after
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the hearing is conducted.
(F) In the case of penalties for excess False Alarm Notifications, this decision shall
be based upon whether a preponderance of the evidence establishes that the alarm
system has experienced the number of False Alarm Notifications based upon the
criterion for False Alarm Notifications contained in this Ordinance.
(G) In any other cases, the decision shall be made upon a preponderance of
evidence that either establishes or fails to affirm any other applicable violation ofthis
Ordinance.
(H) The Special Master shall affirm, reverse, or modify the action of the Police
Chief.
(I) The decision of the Special Master is final as to administrative remedies within
the City, but does not preclude an appeal to any court of competent jurisdiction.
(J) Fees and costs incurred either as service charges for false alarms, late fees,
violations and/or hearing assessments shall constitute a lien against the premises to
the same extent as a lien for special assessment, and with the same penalties and
same rights of collection for foreclosure sale and forfeitures obtained for special
assessment liens, and may be handled in that manner by the City. It shall be
unlawful for any person to refuse or fail to pay any cost assessed pursuant to this
Ordinance. The refusal or failure to make payment within thirty (30) days of being
notified of such expenses after assessment or once an appeal has been concluded,
shall constitute a separate offense against the City. The penalty for this violation
shall be a charge of not more than two hundred fifty dollars ($250).
(K) Should any fee be assessed pursuant to this Ordinance and remain unpaid in
excess of one hundred (100) calendar days from the date that the charge is billed, a
collection fee in the amount of twenty percent (20%) ofthe outstanding balance shall
be assessed and shall be payable by the owner of the premises or permit holder in
addition to the original fee. The owner or permit holder shall also be responsible for
any legal fees or costs incurred by the City in enforcement of this Ordinance.
Section 2.
The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, clauses, and
phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Security A]arms Ord.
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Section 3.
It is the intention of the City Commission, and it is hereby ordained that the
provisions ofthis Ordinance shall become and made a part of the City ofSurmy Isles Beach Code.
Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 4.
This Ordinance shall be effective immediately upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 11th day of February, 1999.
PASSED AND ADOPTED on second reading this l1t- d of ~ 1999.
ATTEST:
~~~~
Richar~ Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~ )...l."...O~ -.r-- L. r~ ..,
~. DannheIsser
City Attorney
Moved by: Q....-,..:.....,~ ~
Seconded by: g lCJ2... ~ --r ~tt.uo
V ote: ~-O
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
~ (Yes)
--.:;r (Yes)
~(Yes)
-4(Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Security Alarms Ord.
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