Ordinances

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CITY OF CORAL GABLES, FLORIDA

ORDINANCE NO. 3319

AN ORDINANCE RE-ENACTING CHAPTER 3, "ALARM SYSTEMS," AND IN PARTICULAR ARTICLE II, "BURGLARY, FIRE AND ROBBERY ALARMS" AS SET FORTH IN "CODE OF CITY OF CORAL GABLES"; PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 1999; AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH.

WHERAS, the "Burglary, and Robbery Alarm Ordinance" was passed and adopted on September 14, 1982 by Ordinance No. 2427, and was amended as the "Burglary, Fire, and Robbery Alarm Ordinance" on February 27, 1990 by Ordinance No. 2896, and

WHEREAS, the purpose and intent of the "Burglary, Fire and Robbery Alarm Ordinance" is to encourage the alarm industry and alarm users to maintain operational reliability and properly use alarm systems in an effort to reduce or eliminate false alarm dispatch requests, and assist the alarm industry and alarms users in improving alarm reliability by making effective and reliable systems more attractive to users; and

WHEREAS, a secondary purpose of the "Burglary, Fire and Robbery Alarms Ordinance" is to partly defray the costs involved in responding to false alarms; and

WHEREAS, because of changes in the technology of the alarm industry, and the experience of City personnel in the administration and enforcement of the "Burglary, Fire and Robbery Alarm Ordinance" it is necessary to make the following amendments in order that the true purpose and intent of the Ordinance may be accomplished; and

WHEREAS, the City Commission has determined that it is in the best interest of the general health, safety and welfare of the citizens of Coral Gables to reduce the number of false alarms to alleviate police resources and to determine the length of time that an audible false alarm is allowed to operate continuously so as to provide a reduction in noise pollution and protect the tranquility and peace of mind of City neighborhoods;

NOW, THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF CORAL GABLES:

SECTION 1. That for the reasons stated in the preamble hereof, Chapter 3, "Alarms System," and in particular Article II, "Burglary, Fire and Robbery Alarms," as set forth in the "Code of the City of Coral Gables" shall be and it is hereby re-enacted as hereinafter set forth.

Sec. 3-26. Definitions.

Unless it is apparent from the context that another meaning is intended, the following words when used in this article shall have the meanings attributed to them by this section:

(a) Alarm Business. Means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining servicing, repairing, altering, replacing, moving or installing any alarm system or causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. An alarm business shall be a burglar or fire alarm specialty electrical contractor which shall have, as a qualifying agent, a master alarm technician with a valid county or state certificate of competency. An alarm business shall have a municipal contractors occupational license issued by the county.

(b) Alarm Permit. Means a permit issued by the city allowing the installation of an alarm system within the city.

(c) Alarm System. Means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the Police or Fire Department is expected to respond, but does not include alarms installed in conveyances.

(d) Alarm User. Means any person in control of any building, structure or facility or portion thereof where an alarm system is maintained. Alarm user shall include the property owner.

(e) Alarm User Awareness Class. Means a course designed to provide information on the operation and use of alarm systems in an effort to reduce or eliminate the number of false alarms.

(f) Alarm User Certificate. Means a registration certificate issued by the city allowing the operation of an alarm system within the city.

(g) Audible Alarm. Means a device designed to detect unauthorized entry on premises and which when activated generates an audible sound

(h) Automatic Telephone Dialing Alarm System. Means the automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the Police or Fire Department, a recorded message or code signal indicating a need for emergency response.

(i) Calendar Year. Means a 12-month period beginning January 1 and ending December 31 every year.

(j) Code Enforcement Officer. Means any designated employee acting as an agent of the city whose duty it is to enforce codes and ordinances enacted or adopted by the city.

(k) False Alarm. Means an alarm signal eliciting a response by the Police or Fire Department when a situation requiring a response by the Police or Fire Department does not, in fact, exist.

(l) Fire Watch Officer. Means a State Certified Fire Fighter that is employed by the City of Coral Gables Fire Department.

(m) Hearing Officer. Means a resident of the city appointed by the city manager on the basis of experience, to act as an impartial arbitrator at hearings related to the enforcement of this article, and as described in section 2-72 of the city code.

(n) Monitored Alarm. Means a device designed for the detection of an unauthorized entry in premises and which when activated generates an inaudible signal to a monitoring station. A monitoring alarm may also generate an audible sound on the premises.

(o) Nuisance Alarm. Means an audible alarm system operating continuously over fifteen (15) minutes or an audible alarm system that activates three (3) or more times within a two (2) hour period causing a disturbance as described in Sec. 16-141 and Sec. 16-142 of the city code.

(p) Violators. Means a person or entity legally responsible for violations of this article.

(q) Wakeful Walking Watch. Means an individual employed by building management to walk a building until the alarm/fire system is restored.

Sec. 3-27. Alarm user certificates - Required; fee; renewal.

(a) It will be unlawful for any person to operate an alarm system without a valid alarm user certificate.

(b) The Alarm user shall file the required information, as outlined in Section 3-28, with the Finance Department within fifteen (15) days of the final inspection of a new alarm system done by the Building and Zoning Department, or activating an existing alarm system.

(c) Alarm user certificates are required for all alarm systems that meet the requirements for Sec. 3-29. Application and payment of a twenty-five (25) dollar registration fee shall be made to the city Finance Department. Failure to obtain a valid alarm user certificate within twenty (20) days of notice shall constitute a violation of this section, punishable by a fifty (50) dollar charge and a two hundred (200) dollar penalty charge for each activation occurring thereafter without an alarm use certificate.

(d) All alarm user certificates expire on December 31 of each year and must be renewed not later than January 31 of each year. Certificates will be renewed after the alarm user verifies or updates information on the registration notice and upon payment of a ten (10) dollar recording fee. Certificates not renewed by January 31 shall be considered delinquent and subject to a fifteen (15) dollar fee for the month of February and a twenty (20) dollar fee when paid in the month of March. Failure to pay twenty-five (25) dollars and renew the alarm user certificate by April 20th will result in the revocation of alarm user certification and alarm user shall be subject to charges and penalties in accordance with Sec. 3-27 (c).

(e) If the business has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate certificate will be required for each structure.

Sec. 3-28. Same - Application; emergency notification and reporting service information.

(a) Applications. Applications for alarm user certificates will be made on forms provided by the Finance Department. Each application shall be accompanied by a fee of twenty-five (25) dollars.

(b) Reporting Service Information. Each holder of an alarm user certificate shall immediately notify the Finance Department in writing within fifteen (15) days of any and all changes in the information on file with the city regarding such certificate. Failure to report such information shall constitute a violation, punishable by a charge of fifty (50) dollars.

Sec. 3-29. Same - Necessary items to qualify "the alarm system."

(a) All alarm systems must have a backup power supply that will become effective in the event of power failure or outage in the source of electricity from the utility company.

(b) All audible alarms must have an automatic reset program which silences the annunciator within fifteen (15) minutes after activation and which will not sound again as a result of the same event that resulted in the original activation.

(c) Alarm systems must meet standards of Underwriters Laboratories, American National Standards Institute, or any other national standards-setting body. Upon failure to comply with the requirements of this section, the code enforcement officer shall give notice in writing, by regular mail, to the owner, operator, or lessee to remedy the defect within fifteen (15) days of receipt of the notice. Failure to correct the violation will result in the following charges:

(1) First violation, one hundred (100) dollars.

(2) Second violation, two hundred (200) dollars.

(3) Each additional violation, two hundred (200) dollars.

Sec. 3-30. Response to alarm; determination of validity.

(a) Whenever an alarm is activated requiring response to a location by the police or Fire Department, a police officer or fire fighter on the scene of the activated alarm system will inspect the area protected by the system and shall determine whether the emergency response was, in fact, required as indicated by the alarm system or whether the same was a false alarm.

(b) If the police office or fire fighter at the scene of the activated alarm system determines the alarm to be false, such police officer or fire fighter shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user, at the address of the alarm system installation location. Where the user is not the owner, then the owner will also be notified at the address furnished by the alarm user certificate application or recorded in the current property ownership records maintained by the city. The alarm user and/or property owner will be advised of the false alarm and any applicable charges therefore. Such notification shall be sent by regular mail.

(c) Once there have been three (3) or more false alarms within a calendar year, the alarm user shall be required to have a licensed alarm contractor complete the city prescribed alarm affidavit confirming that appropriate action has been taken to correct any possible defects. The Affidavit shall be filed with the Finance Department within thirty (30) days from notice, and will state that the alarm system has been inspected and is functioning properly, and in accordance with this article. Failure to comply with the above may result in a revocation of the alarm user certificate and a penalty charge of two hundred (200) dollars or a civil citation pursuant to Sec. 2-71 of the City Code.

Sec. 3-31. Appeals.

(a) Upon receipt of any notice of violation from the city, as prescribed in this article, the violator who has been served with notice shall elect either to:

1. Pay the fee in the manner indicated on the notice; or

2. Request an administrative hearing before a hearing officer to appeal the violation notice.

(b) An appeal for an administrative hearing shall be accomplished by filing a request in writing to set the hearing for review to the address indicated on the notice, not later than twenty (20) days after the service of the notice. Failure to meet this requirement will constitute a waiver of the violator's right to an administrative hearing and will constitute admission of violation. A fee of seventy-five (75) dollars shall accompany the request for a hearing. This fee shall be refunded if the hearing officer returns a favorable decision on all counts.

(d) The hearing officer shall make written findings of facts and conclusions of law. The hearing officer may also set times for compliance or further penalty, where appropriate.

Sec. 3-32. False alarm fees, lien provision and Alarm User Awareness Class. (a) No fee will be assessed for the first two (2) false alarms in one (1) calendar year. A fee of fifty (50) dollars will be assessed against the alarm user for the third false alarm, one hundred (100) dollars will be assessed against the alarm user for the fourth false alarm, and two hundred (200) dollars will be assessed to the alarm user for each false alarm thereafter. Notification shall be by regular mail.

(b) The alarm user shall have thirty (30) days from the date of the notice of the false alarm fee in which to pay the fee.

(c) Failure to pay the false alarm fee, or other fees contained in this chapter within the thirty (30) day time provision shall result in a past due notice providing the following late charge if payment is not received within then (10) days from the date of the letter:

Number of Days

Past Due Late Charge

41-60 $ 5.00

61-90 $10.00

91-120 $25.00

Greater than 120 $25.00

Notice of unpaid fees is to be sent by regular mail. Delinquent fees will not exceed sixty-five (65) dollars per false alarm.

(d) The fee for false alarms, late fees, penalty charges, violations and costs for deactivating a nuisance alarm will be declared to be a debt due to the city, and such amount shall constitute a lien against the premises to the same extent and character as a lien for special assessment, and with the same penalties and same rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens.

(e) The city may provide an Alarm User Awareness Class to inform alarm users of problems created by false alarm dispatches and teach alarm users how to operate alarm systems without generating false alarms.

(f) Successful completion of the Alarm User Awareness Class by the alarm user will result in the award of a class completion certificate. The certificate may be used in lieu of one (1) fifty (50) dollar assessment fee imposed pursuant to Sec. 3-32. The certificate must be used within three hundred sixty-five (365) days from the date it is issued.

Sec. 3-33. Automatic telephone dialing alarm systems prohibited.

(a) Except for the designated Police Department's alarm line entitled "Direct-connect," it is unlawful for any person to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an automatic telephone dialing alarm system over any telephone lines exclusively used by the public to directly request service from the Police or Fire Department.

(b) Unlawful maintenance of an Automatic Telephone Dialing System, installed or operated in violation of (a) above shall, result in the city notifying the alarm user, in writing, to disconnect and cease operation of the system within seventy-two (72) hours of receipt of notice. Failure to comply with the above will subject the alarm user to a two hundred (200) dollar penalty or a civil citation pursuant to Sec. 2-71 of the city code.

Sec. 3-34. Alarm permits.

All persons authorized to install or modify an alarm system must obtain an alarm permit from the Building and Zoning Department and must be a licensed alarm contractor. Alarm systems must be installed in accordance with all applicable codes.

Sec. 3-35. Deactivation of nuisance alarms.

(a) All audible alarm systems operating continuously over fifteen (15) minutes or an audible alarm system that activates three (3) or more times within a two (2) hour period causing a disturbance as described in Sec. 16-141 and Sec. 16-142 of the city code, are hereby declared to be a public nuisance and shall be referred to as a "nuisance alarm."

(b) All audible alarm systems must have an automatic reset which silences the annunciator within fifteen (15) minutes after activation and which will not sound again as a result of the same event that resulted in the original activation.

(c) The city manager may take the necessary steps to disconnect a nuisance alarm after emergency contact individuals or alarm user, as prescribed in the alarm user certification application, cannot be reached within sixty (60) minutes or said emergency contact individual or alarm user fails to appear within sixty (60) minutes of notification to silence the nuisance alarm.

(d) All costs and expenses incurred by the city in carrying out the provisions of this article shall be and constitute a charge and lien against the real property of the alarm user, as provided by section 3-32 (d) of the city code. The alarm user will assume all liabilities that arise from the city or city's representative entry onto the premises and disconnection of the alarm system.

(e) All audible alarm systems classified as a nuisance alarm will result in automatic suspension of the alarm user certificate for that location, until such time that a licensed alarm contractor completes the city prescribed alarm affidavit confirming that all appropriate action has been taken to correct any possible defects. Affidavit shall be filed with the Finance Department within thirty (30) days from notice, and will state that the alarm system has been inspected and is functioning properly, and in accordance with this article.

(f) It shall be unlawful for any person to refuse or fail to pay any cost assessed for deactivating an alarm pursuant to this section. The refusal or failure to make payment within thirty (30) days of being notified of such expenses shall constitute a separate offense against the city. The penalty for this violation shall be a charge of not more than five hundred (500) dollars and will be enforceable pursuant to Sec. 3-32 (d) of the city code.

Sec. 3-36. Proper alarm systems operation and maintenance.

(a) All alarm systems must be maintained in a manner that will reduce or eliminate false alarm dispatches and audible alarm systems classified as a nuisance alarm.

(b) Alarm businesses must instruct each alarm user of the building or premises protected by the alarm system on the proper use and operation of the system. Such instructions must specifically include all necessary information on operating the alarm system, and avoiding false alarms. An affidavit as prescribed by the city, certifying compliance with this provision shall be filed with the Finance Department within fifteen (15) days of final inspection by the Building and Zoning Department of a new alarm, or activating an existing alarm system.

(c) The penalty for any violation of this section will be enforceable pursuant to Sections 2-109 through 2-118 of the City Code.

Sec. 3-37. Alarm system performance and reviews.

If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the City may require a conference with the alarm user and/or alarm business responsible for the repairs of the alarm system to review the circumstances of each false alarm.

Sec. 3-38. Resetting of fire alarm systems (excluding single family residences and duplex).

(a) Occupied Building. It is the responsibility of the alarm user to reset the fire alarm system when activated. If the fire alarm system cannot be reset, the following will occur:

1. The alarm user will provide a wakeful walking watch to patrol the building until the system is reactivated, or

2. If alarm user is unable to be contacted, the Fire Department shall provide a fire watch officer to patrol the building until the system is reactivated,

(b) Unoccupied Building. If the fire alarm system is activated and cannot be reset, the Fire Department will place a hazardous warning tag on the alarm panel and on all identified means of entrance.

(c) All the cost incurred by the City as described in subsection (a) above, will be declared to be a debt due to the City and such cost will be imposed pursuant to Sec. 3-32.

SECTION 2. That this ordinance shall become effective on January 1, 1999.

SECTION 3. That all ordinances or parts of ordinances inconsistent or in conflict herewith shall be and they are hereby repealed insofar as there is conflict or inconsistency.

PASSED AND ADOPTED THIS TWENTY-FIRST DAY OF APRIL, A.D., 1998.

(Withers/Thomson(5)

(Clerk’s Item No. 18)

RAÚL J. VALDÉS-FAULI

ATTEST: MAYOR

VIRGINIA L. PAUL

CITY CLERK