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ORDINANCE NO. 00-21
AN ORDINANCE PROVIDING FOR THE REGULATION OF THE INSTALLATION, USE, MONITORING AND MAINTENANCE OF ALARM SYSTEMS; PROVIDING FOR REGISTRATION OF ALARM BUSINESSES; PROVIDING FOR PERMITTING OF ALARM SYSTEMS; PROVIDING FOR PROCEDURES; PROVIDING FOR STANDARDS; PROVIDING FOR FEES; PROVIDING FOR RESPONSES TO ALARMS; PROVIDING FOR PRESUMPTIONS FOR FALSE ALARMS; PROVIDING FOR NOTICE; PROVIDING FOR COST REIMBURSEMENT TO THE CITY FOR FALSE ALARMS; PROVIDING FOR A RESPONSE FEE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is important to facilitate the use of all means by which the community is made safer, and
WHEREAS, it is appropriate to allow the public and the business sector of the community to employ the use of alarm systems for the purposes of alerting the community and its police and fire units of emergencies involving unauthorized entry, danger to life and property and other emergencies, and
WHEREAS, it is equally important to employ the use of systems which do not overly burden the community by creating false alarms suggesting an emergency exists where an emergency does not truly exist, and
WHEREAS, responses to false alarms place a heavy economic burden on the community and distract the community from the proper allocation and use of its resources, and
WHEREAS, false alarms ultimately create a danger to law enforcement officers responding to an alarm,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE LAKES as follows:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance.
SECTION 2. REPEAL: Sections 2¾-1 through 2¾-4 of Chapter 2¾ of the Code of Ordinances are hereby repealed, in their entireties.
SECTION 3. AMENDMENT: Section 2¾-1 of Chapter 2¾ of the Code of Ordinances is hereby amended, in its entirety, to read as follows:
Sec. 2¾-1. Definitions.
Alarm system shall mean any mechanical or electrical device sold or installed, which is designed for use for the detection of an unauthorized entry into a building, structure, facility or enclosed area, or for alerting others of unauthorized entry or any other crime or fire emergency and one which emits sound or transmits a signal or message by audio, visual or electronic means when activated.
Alarm user shall mean the owner and lessee occupant of the premises on which the alarm system is maintained.
Alarm business shall mean any business operated by a person which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to an alarm system, or which causes any of these activities to take place.
Alarm period shall mean the designated twelve-month period of January 1st through December 31st of each year.
Applicant shall mean any person, firm, corporation, partnership or other entity intending to use an alarm system.
False alarm shall mean the activation of an alarm system for any reason other than an unauthorized entry or an attempted unauthorized entry or other than as a result of heat, smoke or fire.
Response fee shall mean those expenses incurred by the city whenever the city dispatches personnel and equipment to the premises of a false alarm based upon such schedules of fees, charges and costs as the city manager shall promulgate from time to time.
SECTION 4. AMENDMENT: Section 2¾-2 of Chapter 2¾ of the Code of Ordinances is hereby amended, in its entirety, to read as follows:
Sec. 2¾-2. Registration of alarm system.
(a) Required registration.
(1) Before placing an alarm system into operation, every alarm user shall obtain an alarm registration for each alarm system the alarm user operates in the city. Applications for an alarm system may be made on forms provided by the city.
Alarm users with existing and installed alarm systems shall have until ninety (90) calendar days from the effective date of this section to obtain the required registration.
(2) Alarm systems shall be registered on an annual basis by the alarm user to ensure that the alarm user certifies that the registration information maintained in the city's records is correct. The registration shall be effective for the period of January 1 to December 31 of each calendar year. The initial registration fee shall be zero dollars ($00.00) and each registration renewal fee thereafter shall be ten dollars ($10.00). This fee shall offset the city's administration costs in ensuring that required alarm response information is current, monitoring alarm activity records and implementing this section of the code. The renewal fee shall be waived if there are no reports of a false alarm for the alarm user during the preceding calendar year.
(3) Alarm users having more than one (1) alarm system, protecting two (2) or more separate structures, shall be required to register each alarm separately for each structure, unless the structures are protected by the same alarm system.
(4) Each alarm business proposing to install, installing or having an alarm system in operation within the city is required to register with the city. There will be no charge for this registration.
SECTION 5. AMENDMENT: Section 2¾-3 of Chapter 2¾ of the Code of Ordinances is hereby amended, in its entirety, to read as follows:
Sec. 2¾-3. Registration procedures.
(a) Registration forms will be available at the city. The application form shall require the applicant to provide the following information, which includes, but is not limited to:
(1) The name, address and telephone number of the applicant’s property to be serviced by the alarm system.
(2) The name, address and telephone number of the applicant, if different from the property to be serviced.
(3) The name, address and telephone number of the alarm user, if different than the applicant. In the event that the applicant or alarm user is a corporation, the president of the corporation shall be listed.
(4) The make and type of the alarm system.
(5) Whether the alarm is for residential or for nonresidential use; if for nonresidential use, the applicant shall attach sufficient documentation to ascertain compliance with UL (Underwriter’s Laboratories) FM (Factory Mutual), standards or all other appropriate licenses and certificates for burglary testing and installation.
(6) The name, address and telephone number of the alarm business maintaining and/or monitoring the alarm, if any.
(7) The names, addresses, and telephone numbers of no less than two (2) persons or entities to be contacted, in the event of an alarm, who have access to the premises for emergencies or to reset the alarm should the alarm be false.
(8) The applicant shall be required to acknowledge that he has read and understands the requirements of this section.
(b) The alarm user shall be issued an identification sticker upon registration of the alarm and payment of the registration fee. The sticker shall be placed on the front window closest to the front door of the premises. The sticker shall read:
PREMISES ALARMED
REGISTERED WITH THE CITY OF LAUDERDALE LAKES AND BROWARD SHERIFF'S OFFICE and shall have an identification number.
(c) The alarm identification sticker is issued by the city and is non-assignable. The issued sticker is only effective for the registered alarm system and alarm user. In the event that the registered alarm user changes the alarm system for the registered location, a new registration must be filed with the city. No fee will be required for this change. If there is a new alarm user, the new user shall register the alarm with the city. The fee for the new alarm user shall be the same as the initial registration fee.
(d) Alarm registrations must be renewed each year and shall be in effect from January 1 to December 31 for each year. An alarm permit not renewed by January 31st of each calendar year shall be considered an expired registered alarm.
SECTION 6. AMENDMENT: Section 2¾-4 of Chapter 2¾ of the Code of Ordinances is hereby amended, in its entirety, to read as follows:
Sec. 2¾-4. Requirements for an alarm system permit.
(a) It shall be unlawful for a person, firm, corporation, partnership or other entity to install or maintain an alarm in operational order unless it first obtains a permit to install the alarm from the city's building department and registers the same with the city.
(b) In addition to satisfactory completion of the registration required pursuant to this section:
(1) A new installation of an alarm system at a nonresidential location shall be allowed to be registered only if it is demonstrated that the alarm system has been installed by an alarm business which is registered to do business in the City of Lauderdale Lakes, and which meets all requirements under Florida Statutes 489, Part II.
(2) An existing alarm in a non-residential location shall be allowed to be registered only if it is demonstrated that the alarm has been inspected and validated by an alarm business and only if the alarm business is registered to do business in the City of Lauderdale Lakes and meets all requirements under FSS 489, Part II.
(3) The alarm system shall have a secondary power supply capable of operating the system for no less than three (3) hours without activating a false alarm solely due to the loss or re-application of electrical power.
(4) Every audible alarm system must be installed by a licensed contractor and shall have a device to automatically terminate the audible signal within fifteen (15) minutes of activation.
SECTION 7. CREATION: Section 2¾-5 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-5. Alarm without permit, unregistered alarm or expired alarm registration.
(a) It is hereby determined that the occurrence of an alarm caused by an alarm system for which no permit has been issued, no registration is filed or the registration has expired, is a violation of this section.
(b) The fine for an alarm without a permit issued, unregistered alarm or expired alarm, shall be fifty dollars ($50.00). Each day shall constitute
a separate offense to which such fines shall be applicable.
SECTION 8. CREATION: Section 2¾-6 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-6. Response to alarm; determination of false alarm.
(a) Whenever an alarm is activated in the city, thereby requiring a response to the location by the sheriff's office and/or the fire department, a law enforcement officer and/or fire official on the scene of the activated alarm system shall inspect the exterior of the premises protected by the system and shall determine whether the city's response was due to a false alarm.
(b) In making said determination, the investigating officer or fire official shall presume that the alarm was a false alarm when there is no sign or physical evidence of an unauthorized entry / attempted entry or crime in progress evident to the officer and where there is no sign or physical evidence of a fire emergency in which life, property or both are exposed to an actual risk of significant harm, or there is no sign of a life-threatening medical emergency.
(c) The presumption(s) contemplated herein shall be deemed rebuttable by clear and convincing evidence.
(d) All alarms that have a central monitor shall have a central monitoring verification call made to the premises generating the alarm signal, prior to alarm monitor personnel contacting the sheriff’s office for alarm dispatch.
The requirements of this Subsection (d) shall not apply to fire or panic alarms.
SECTION 9. CREATION: Section 2¾-7 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-7. Report of false alarm; notice to alarm user.
If the law enforcement officer and/or fire official at the scene determines that the alarm is false, the false alarm shall be documented by the sheriff’s office.
(a) For the second false alarm in the designated twelve-month alarm period, notice, from the city, shall be provided to the alarm user by first-class mail or by personal service. If by mail, there shall be a presumption of receipt within five (5) calendar days of mailing. This notice shall include a listing of documented false alarms during the twelve-month alarm period and include a warning to the alarm user that in the event of a third false alarm within the twelve-month alarm period, at the same location, the alarm user shall be required to reimburse the city for the cost of the city's response to said false alarm.
(b) For the third or subsequent false alarms in the designated twelve-month period, notice shall be provided from the city to the alarm user by first-class mail. This notice shall include a listing of documented false alarms during the twelve-month alarm period and include the amount of fee due to the city. Should there be no response within thirty (30) calendar days to the false alarm notification sent by first-class mail, a second notice shall be sent by certified mail, return receipt requested. In the event that the notice sent by certified mail is returned to the city as not deliverable, the alarm user may be notified by personal service.
(c) Any response to a false alarm caused by an alarm business technician on scene at the location of an alarm user premise shall result in an immediate fine to the alarm business of fifty dollars ($50.00).
(d) When an alarm business is notified by the city of any problems with an alarm user account the alarm business shall respond in writing to the city within fourteen (14) days addressing such problem. Failure to respond to the city within fourteen (14) days shall result in a fine of two hundred fifty dollars ($250.00).
(e) In making the response required pursuant to Subsection (d)
hereof, the alarm business shall use the Florida Model State's
Program Corrective Action Report form, and it shall submit
therewith, a copy of the "Installer False Alarm Prevention
Program Checklist" and "Customer False Alarm Prevention
Checklist" as presented to the alarm user.
SECTION 10. CREATION: Section 2¾-8 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-8. Cost reimbursement to city for false alarms.
The city shall maintain records for all false alarms. In the event of a third false alarm within the designated twelve-month alarm period, the alarm user shall be responsible to the city for the cost of the third and each succeeding false alarm within the twelve-month alarm period according to the following schedule:
(a) Sheriff's office. Fifty dollars ($50.00) for the third false alarm, one hundred dollars ($100.00) for the fourth false alarm and one hundred fifty dollars ($150.00) for the fifth and subsequent false alarms.
(b) Fire department. Fifty dollars ($50.00) for the third false alarm, one hundred dollars ($100.00) for the fourth false alarm
and one hundred fifty dollars ($150.00) for the fifth and
subsequent false alarms.
SECTION 11. CREATION: Section 2¾-9 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-9. Response fees.
Response fees shall be paid within thirty (30) calendar days from the date of receipt of the notice. Failure to make payment within thirty (30) calendar days from the receipt of the notice shall constitute a separate offense against the city. The penalty for this violation shall be a fine of not more than five hundred dollars ($500.00). The fine for the separate offense of the failure to pay the response fees within thirty (30) calendar days from the date of receipt for notice shall be fifty dollars ($50.00). Each of such fines hereunder shall bear interest at the rate of eighteen (18%) percent per annum, beginning with the 31st day, until fully paid.
SECTION 12. CREATION: Section 2¾-10 of Chapter 2¾ of the Code of Ordinances is hereby created to read as follows:
Sec. 2¾-10. EXEMPTION.
The provisions of this article shall not apply to the following:
(a) An alarm attached to a motor vehicle.
(b) Property owned by a governmental entity.
SECTION 13. PENALTIES: In addition to the other remedies provided herein and by general law, the city shall, at its discretion, have the right to seek the aid of the courts of the State of Florida with respect to the enforcement of the provisions of this ordinance, which rights shall include the right to seek injunctive relief against such persons as may be determined by the city to be in violation of the terms and provisions hereof. In the event the city shall thus exercise such discretion and in the event the city shall prevail in such judicial efforts, the city shall have the right to demand and the right to receive, as damages against such persons, all costs of court and expenses, including reasonable attorney's fees, which the city may have suffered as a result of the enforcement of the terms, conditions and provisions hereof against such person from whom such relief is sought.
All fines, penalties and other remedies provided for herein shall be cumulative.
SECTION 14. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed.
SECTION 15. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 16. INCLUSION IN CODE: It is the intention of the city Commission of the City of Lauderdale Lakes that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Lauderdale Lakes and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified.
SECTION 17. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage.
PASSED ON FIRST READING IN FULL ON THE 11TH DAY OF APRIL, 2000.
PASSED ON SECOND READING BY TITLE ONLY THE 25 DAY OF APRIL, 2000.
ADOPTED AND PASSED BY THE CITY COMMISSION OF THE CITY OF
LAUDERDALE LAKES AT ITS REGULAR MEETING HELD
ON THE 25TH DAY OF APRIL, 2000.
SAMUEL S. BROWN, MAYOR
ATTEST:
PAMELA J. LEVY, CITY CLERK
Ordinances