ORDINANCE NO. 2002-013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 16 OF THE PALM BEACH COUNTY CODE, ARTICLE III, (ORDINANCE NO.
2000-12), PERTAINING TO ALARMS; PROVIDING FOR SHORT TITLE; PROVIDING FOR PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR ALARM PERMITS REQUIRED; APPLICATION FEE,
RENEWAL AND DURATION; PROVIDING FOR ALARM PERMIT APPLICATIONS; PROVIDING EMERGENCY
NOTIFICATION AND REPORTING SERVICE ; PROVIDING FOR TECHNICAL REQUIREMENTS OF
ALARM SYSTEMS; PROVIDING FOR RESPONSE TO ALARM, DETERMINATION OF FALSE ALARMS,
ALARM VERIFICATION; PROVIDING A PROCEDURE TO APPEAL FALSE ALARM DETERMINATION;
PROVIDING FOR SPECIAL MASTER(S); PROVIDING FOR FINES FOR FALSE ALARMS; PROVIDING
FOR MAINTENANCE OF RECORDS; PROVIDING THAT AUTOMATIC TELEPHONE DIALING SYSTEMS
ARE PROHIBITED AND NO RESPONSE FOR MOBILE ALARM SYSTEMS; PROVIDING FOR APPLICABILITY
OF ORDINANCE; PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING FOR PROHIBITIONS
AND PENALTIES; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is hereby found and determined that excessive false alarms constitute
a public nuisance and that the response of the Sheriff's Office results in wasted
resources; and
WHEREAS, since 1980 the Sheriff of Palm Beach County has indicated that by negligence,
improper use, malfunction or poor design, the increased use of burglar alarms
in the unincorporated areas of Palm Beach County has resulted in an escalating
number of "false alarms" to which the Sheriff's Office must respond
in force; and
WHEREAS, the Sheriff's Office has indicated that the vast majority of alarms
are caused by improper use or defects in the systems, their installation or
maintenance, rather than by criminal activity; and
WHEREAS, the Sheriff's Office has determined that current information regarding
the resident or business owner and his or her representative is vital to the
safety of the deputies responding to alarms; and
WHEREAS, the Sheriff's Office's experience indicates that a majority of the
alarm users do not update this vital information without an annual permit renewal
process; and
WHEREAS, the permit renewal process has been shown to be significantly inefficient
and ineffective without a nominal fee for postage and handling.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, FLORIDA, that:
SECTION 1. Short Title.
This Ordinance may be cited as "The Alarm Ordinance."
SECTION 2. Purpose.
In concert with the Sheriff's Office commitment to problem solving policing,
the purpose of this Ordinance is to prevent false alarm activations that require
the Sheriff's Office to respond. Deputies responding to false alarms are more
wisely utilized preventing crime and solving neighborhood crime problems. This
Ordinance is a cooperative effort among the Palm Beach County Board of County
Commissioners, the Alarm Association of Florida and the Palm Beach County Sheriff's
Office to prevent false alarm activations in the most effective manner.
SECTION 3. Definitions.
The following words when used in this Ordinance shall have the meanings attributed
to them by this section:
A. Alarm Administrator means the person designated by the Sheriff to administer,
issue and review alarm applications, permits and alarm dispatch requests.
B. Alarm Company means any individual, partnership, corporation or other entity
engaged in or causing the selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring any Alarm System.
C. Alarm Monitoring Company means any individual, partnership, corporation or
other entity engaged in or causing the monitoring of any digital, cellular,
long range radio or any other alarm monitoring system which is designed to detect
intrusion and whose duty it is to notify any law enforcement agency by any means.
D. Alarm Permit means a permit issued by the Sheriff allowing the operation
of an Alarm System within the unincorporated areas of the county and any area
where the Palm Beach County Sheriff's Office responds to burglary, robbery,
panic, duress or holdup alarms as the primary law enforcement agency pursuant
to an agreement between a municipality and the Sheriff. Alarm Permits are not
transferable from one person to another or one business to another. Alarm Permits
may be transferable if the Alarm User moves from one location to another location
within the unincorporated area of Palm Beach County. Alarm permit fees and alarm
renewal fees are nonrefundable.
E. Alarm Re-Training means personal individual training of the Alarm User in
the proper use of the Alarm System. The retraining shall include; activation,
deactivation, panic/hold up alarms, procedure to cancel false alarm dispatches,
basic alarm maintenance, false alarm avoidance, key holder responsibilities
and other responsibilities of the Alarm User under this Ordinance.
F. Alarm Site shall mean any building, structure, facility or premises, or portion
thereof, wherein an Alarm System is maintained.
G. Alarm System means any assembly of equipment, mechanical or electrical, arranged
to signal the occurrence of an illegal entry or other activity, but does not
include mobile alarms or fire alarms.
H. Alarm User means the person, firm, partnership, association, corporation,
company or organization of any kind in control of any building, structure, facility
or premises, or portion thereof, containing an Alarm System.
I. Automatic Telephone Dialing Alarm System ("ATDAS") 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 Sheriff's Office or Sheriff's dispatcher a recorded
message or code signal indicating a need for emergency response.
J. False Alarm means an alarm dispatch request where the responding deputy finds
no evidence of a criminal offense or attempted criminal offense after completing
an investigation of the alarm site. False Alarms include alarms caused by user
error and/or technical or mechanical failure. Excluded are alarms caused by
tornado, hurricane, fire, and telephone line trouble outside the alarm premises
and dispatches that are properly canceled by the Alarm Company or Alarm Monitoring
Company before the Sheriff's Office arrives at the scene.
K. Nuisance Alarm means a repeated Alarm System activation in which a sensor
responds to a stimulus, but the stimulus is not a verifiable criminal activity
and repeatedly wastes Sheriff's Office resources. This includes unlocked or
unsecured doors and windows, public access to alarmed areas, open fields or
other areas where persons may travel.
L. Private Security Alarm System ("PSAS") means a gated community
with 24 hour a day, 7 days a week private security. The alarm activation shall
not cause an audible sound outside the business. The private security company
shall monitor the alarm systems for the community and provide first response
to the Alarm Site to determine the validity of the activation. The Sheriff's
Office shall not be notified of the alarm activation and is not required or
expected to respond to the Alarm Site unless the security representative first
finds evidence of criminal activity or an unlocked or open door or window. PSAS
does not include contracted Sheriff's Office Deputies. The private security
company must be properly licensed and meet all of the requirements of Palm Beach
County Ordinances and Florida State Statutes and must produce such documentation
to the Sheriff's Office Alarm Unit upon request. Failure by the community or
the private security company to maintain any of the requirements of this section
shall result in disqualification as a PSAS community and subject the Alarm Users
in that community to all of the provisions of this Ordinance.
M. Special Master means that person appointed by the Sheriff to act as an impartial
arbitrator at hearings related to the enforcement of this Ordinance.
N. Transfer means every mode, direct or indirect, absolute or conditional, voluntary
or involuntary, of disposing of or parting with an asset or an interest in an
asset, and includes payment of money, release, lease, and creation of a lien
or other encumbrance.
SECTION 4. Alarm Permits Required; Application Fee, Renewal, Duration.
(a) It shall be a violation of this Ordinance to operate an Alarm System without
a valid Alarm Permit unless specifically exempted under Section 3L of this Ordinance.
Violation of this section shall be subject to a civil penalty of two hundred
fifty ($250.00) dollars.
(b) Alarm Systems on publicly owned properties will be required to register
with the Sheriff's Office and will be subject to all regulations and requirements
of this Ordinance, except application fees. Failure to register shall result
in a No-Response status.
(c) All Alarm Users shall obtain an Alarm Permit within thirty (30) days of
the effective date of this Ordinance. Alarm Permits shall be acquired from the
Sheriff's Office upon submission of a permit application fee of eighteen dollars
($18.00). An Alarm User that has paid the applicable permit fee prior to enactment
of this Ordinance shall be governed by Section 4(e) herein. Alarm Users in communities
that meet all of the requirements of Section 3L of the Alarm Ordinance are exempt
from this section.
(d) Applicants for Alarm Permits shall obtain all other applicable permits,
including building permits, prior to submitting an application for an Alarm
Permit.
(e) All Alarm permits will expire one (1) year from the date of issuance. Renewal
permits will be issued after completion of a renewal form and the payment of
a renewal fee of five dollars ($5.00) per year. This fee is to offset the cost
of monitoring current registration for effective Sheriff's Office response to
the alarm site. Failure to make payment within thirty (30) days from date of
receipt of notification by the Sheriff's Office shall result in a discontinuance
of Sheriff's Office response to alarms that may occur at the premises described
in the Alarm User's permit until payment is received.
(f) If a business or residence has one (1) or more Alarm Systems protecting
two (2) or more separate structures having different addresses, a separate Alarm
Permit will be required for each structure. Violation of this section shall
result in a civil penalty of two hundred fifty dollars ($250.00) per incident.
(g) If the owner or property manager of an apartment complex provides Alarm
Systems in each residential unit as an amenity, then the apartment complex shall
obtain an Alarm Permit for each apartment. All units, whether occupied or not,
shall be required to have an Alarm Permit. Each apartment shall be considered
as a separate Alarm User.
(h) An apartment complex shall obtain a separate Alarm Permit for any Alarm
System operating in a non-residential area of the apartment complex including,
but not limited to, common tenant areas, office, storage and equipment areas.
(i) All Alarm Companies, that install, monitor, repair, or activate an Alarm
System in the unincorporated area of Palm Beach County must be licensed according
to Chapter 489, Florida Statutes, have the appropriate occupational licenses
and instruct the user on the proper use of the system. It shall be the responsibility
of the Alarm Company to provide necessary retraining to the Alarm User as defined
in Section 3E. Alarm Companies shall also inform the Alarm User or person requesting
such work of the requirements of this Ordinance, and provide them a copy. Literature
will be made available on the Palm Beach County Sheriff's Office website (www.pbso.org).
Violation of this section shall result in a civil penalty of five hundred dollars
($500.00) to the Alarm Company for each occurrence.
Section 5. Alarm Permit Applications; Emergency Notification; Reporting Service.
(a) All applications submitted for an Alarm Permit to the Sheriff's Office shall
state the name, address and telephone number of the property to be serviced
by the alarm, and the name, address and telephone number of the Alarm User's
residence. If serviced by an Alarm Company, then the Alarm User shall also include
the name, address, telephone number and State license number of that company.
It is the responsibility of any Alarm Company that activates a new or existing
alarm system to forward an alarm permit application to the Sheriff's Office.
The Alarm Company must submit an alarm permit application and a check from the
Alarm User made payable to the Palm Beach County Sheriff's Office for the amount
of eighteen dollars ($18.00). The application and check must be mailed or delivered
in person to the Sheriff's Office within 24 hours following activation or reactivation.
The Alarm Company is prohibited from charging any additional fee to the Alarm
User for performing this service. Violation of this requirement shall result
in a civil penalty of two hundred fifty dollars ($250.00) to the Alarm Company.
The renewal fee and false alarm fine notices will be sent directly to the Alarm
User. The Sheriff's Office shall not respond to an unpermitted Alarm System
activation. It is the responsibility of the Alarm User to provide the alarm
permit number to the Alarm Monitoring Company.
(b) Emergency Notification. Each Alarm Permit application shall list an emergency
telephone number of the user and one representative (key holder) to permit prompt
notification of emergencies. All users of an Alarm System must have one representative
(key holder), other than him or herself, available to respond to an alarm activation
to open the premises and have the capacity to deactivate the system. The representatives
must respond upon request by the Sheriff's Office or Alarm Company to deactivate
the system. Failure to do so shall result in the assessment of a civil penalty
of one hundred twenty five dollars ($125.00) per incident to the Alarm User.
Changes in emergency telephone numbers shall be kept current by the Alarm User,
the Alarm Company and the Alarm Monitoring Company and failure of either to
provide current information to the Sheriff's Office shall result in a civil
penalty of forty dollars ($40.00) and shall constitute grounds for revocation
of the Alarm Permit. All Alarm Companies and Alarm Monitoring Companies must
notify the Sheriff's Office in writing of cancellation of monitoring service
or change of information concerning the Alarm Users. Alarm Companies and/or
Alarm Monitoring Companies shall not be held responsible for violation of this
section if they have not been notified by the Alarm User. It is the responsibility
of the Alarm User to notify the Alarm Company and/or Alarm Monitoring Company
whenever a key holder is temporarily unavailable. If a key holder is temporarily
unavailable for whatever reason and fails or neglects to notify the Alarm User,
neither the Alarm User, the Alarm Company or the Alarm Monitoring Company shall
be fined or penalized pursuant to Section 5(b) of the Alarm Ordinance.
(c) Reporting service information. Each Alarm Monitoring Company or nonmonitored
alarm user shall immediately notify the Sheriff's Office in writing of any and
all changes in the information on file with the Sheriff regarding each Alarm
User. Failure to do so shall constitute grounds for revocation of the permit.
(d) Information contained in permit applications is exempt from public disclosure
according to Florida Statute, 281.
SECTION 6. Technical Requirements of Alarm Systems.
(a) All Alarm Systems shall have a backup power supply that will become operative
in the event of power failure or outage. The backup power supply shall have
a minimum capacity of three (3) hours. Violation of this section shall result
in a civil penalty of one hundred twenty five dollars ($125.00) per incident
to the Alarm User.
(b) All control panels installed after January 2003 must meet the requirements
of Security Industry Association ("SIA") equipment related group CP-01
(or an equivalent) and must maintain defaults; minimum 30 second entry delay;
minimum 30 second abort delay; minimum 45 second exit delay with auto restart.
Commercial systems requiring UL certification shall be exempt from these delay
requirements. Violation of this Section 6(b) shall result in the Alarm System
being placed on No Response status.
(c) Alarm Companies shall not program Alarm Systems with One Plus Duress capabilities.
Alarm Companies may continue to report One Plus Duress alarms received from
Alarm Systems programmed with this feature prior to 2000. Violation of this
section shall result in a civil penalty to the Alarm Company of five hundred
dollars ($500.00) for each occurrence.
(d) When performing any upgrade or modification to an Alarm System, an Alarm
Company must remove the One Plus Duress capability from the Alarm System.
(e) Alarm Companies shall not install devices for activation of hold up or panic
alarms as a single action, non-recessed button.
(f) All alarm dispatch requests caused by a verifiable or attempted criminal
offense shall not be considered a False Alarm. The criminal activity must be
determined by the responding Deputy Sheriff or documented within five business
days of the activation and must be accompanied by a police report.
(g) The Alarm Administrator or Sheriff's Office supervisor may cancel, without
notice, any alarm dispatch caused by power or weather related causes, determined
to be a nuisance, or emergencies based upon priority. Alarm dispatches canceled
under this section shall not be considered False Alarms.
(h) The Sheriff's Office will not respond to an alarm activation at the same
premises within an eight (8) hour period unless a key holder is available to
respond. It is the duty of the Alarm Monitoring Company to contact the key holder
before requesting a second response from the Sheriff's Office within an eight
(8) hour period. If a key holder cannot be contacted to respond to the alarm
site, the Sheriff's Office will not respond. Alarm Monitoring Companies shall
contact a key holder in advance and determine that the key holder is available
to respond.
(i) Violation of this section shall result in a civil penalty of five hundred
dollars ($500.00) to the Alarm Monitoring Company for each occurrence.
SECTION 7. Response to Alarm; Determination of False Alarms, Alarm Verification.
(a) Whenever an alarm is activated and the Sheriff's Office responds, a deputy
sheriff on the scene of the activated Alarm System shall inspect the area protected
by the system and shall determine whether the activated alarm was a verifiable
emergency or whether it was a False Alarm.
(b) The deputy shall make a report of any False Alarms and send a notification
by mail or hand delivery to the address shown on the Alarm Permit advising the
Alarm User of the False Alarm.
(c) An Alarm Monitoring Company performing monitoring services and nonmonitored
Alarm Users shall provide the county Sheriff's Office with the valid alarm permit
number of the activation. The Sheriff's Office will not dispatch a response
to a call indicating an alarm activation from an Alarm Monitoring Company without
an Alarm permit number, the name and address of the alarm activation, and the
zone(s). The Alarm Company shall report the specific location, i.e.: front door,
west window, etc. to the Sheriff's Office. The Alarm Monitoring Company will
call the alarm site and attempt to verify every alarm activation before requesting
a sheriff response with the exception of robbery, panic, duress or hold up alarms.
Failure to verify alarm activations before requesting a dispatch or requesting
a dispatch without a valid permit number shall result in the assessment of a
civil penalty of five hundred dollars ($500.00) for each occurrence.
(d) All Alarm Monitoring Companies shall verify cancellations of alarm dispatch
requests to the Sheriff's Office in a manner and form determined by the Alarm
Administrator. The procedure shall require Alarm Monitoring Companies to telephone
the Sheriff' s Office on a non-emergency telephone line to indicate the alarm
was false and to cancel all police response.
(e) The Palm Beach County Sheriff's Office will provide normal response to all
911 calls and all robbery/panic duress or hold up alarms which require an intentional
act by a person on the premises to activate the alarm even if the user is on
No Response status. Activations of this type of alarms which is determined to
be false by the Sheriff's Office will result in fines in accordance with Section
10.
(f) The Sheriff or his designee shall have the right to inspect any Alarm System
which might require a Sheriff's response at any reasonable time to determine
whether it is in conformity with the terms of this Ordinance.
(g) No fine shall be imposed upon the alarm user if the alarm user can prove
by the greater weight of evidence that the Alarm Company failed to attempt to
notify the Alarm User before notice to the Sheriff's Office. This section shall
only apply to burglar alarms. All robbery, panic, duress and holdup alarms are
excluded from this section.
SECTION 8. Procedure to Appeal False Alarm Determination.
(a) Upon receipt of any False Alarm notifications, the Alarm User shall have
ten (10) days to request, in writing, a hearing at 3228 Gun Club Road, West
Palm Beach, Florida 33406, before a Special Master(s) setting forth the reasons
for the appeal. The Special Master shall conduct a hearing and consider all
evidence from the Alarm Company or Alarm User within ten (10) days and make
a decision based upon a preponderance of evidence presented at the hearing.
The Alarm User shall have the burden of proof. The Special Master may not compromise
or overturn cases concerning faulty or malfunctioning equipment, false alarms
caused by electrical surges, or alarms caused by the fault of another person
during non-criminal incidents. The Special Master shall hear cases involving
special circumstances which are beyond the control of the Alarm User or the
Alarm Company.
(b) All hearings shall be scheduled and concluded within fifteen (15) days from
the date the request is received.
(c) If appealed, a False Alarm determination shall be abated until a determination
is made by the Special Master.
(d) The Sheriff may also request the initiation of the Code Enforcement procedures
pursuant to Ordinances No. 90-45, as amended.
SECTION 9. Special Master(s).
(a) A Special Master(s) shall be appointed by the Sheriff to hear appeals from
Alarm Users on the issue of whether the Alarm System activated a False Alarm,
as determined by the deputy sheriff at the scene of the activated alarm.
(b) Special Master(s) Creation and appointment. Hearings held pursuant to this
Ordinance shall be conducted by designated Special Masters. Applications for
Special Master positions shall be directed to the Alarm Administrator pursuant
to a notice published in a newspaper of general circulation. The Sheriff shall
select a pool of candidates from the applications filed with the Alarm Administrator
on the basis of experience and qualifications. The Alarm Administrator shall
appoint Special Masters to conduct hearings from the pool of candidates selected
by the Sheriff as necessary.
(c) Qualifications. Special Master(s) shall have the following minimum qualifications:
1. be a graduate of a law school accredited by the American Bar Association;
2. demonstrate knowledge of administrative laws and local government regulation
and procedures;
3. be a current member, in good standing, of the Florida Bar Association; and
4. other such qualifications that may be established by the Sheriff.
In the event the Alarm Administrator does not receive a sufficient number of
applications from qualified members of the Florida Bar, the Sheriff may select
attorneys who are not members of the Florida Bar as candidates for Special Master.
Among those attorneys who are not members of the Florida Bar, the Sheriff and
Alarm Administrator shall give preference to those attorneys who have prior
experience in a judiciary capacity, or as a hearing officer, mediator or Special
Master. No attorney, who has been disciplined by the Florida Bar Association
or a Bar Association of any other jurisdiction, shall be appointed as a Special
Master.
(d) Rules of Procedure. The Sheriff shall have the authority to prescribe rules
of procedure for the conduct of hearings before the Special Masters.
(e) Term. Special Masters shall serve a term of one (1) year from the date of
appointment by the Alarm Administrator. Special Masters may be reappointed at
the discretion of the Alarm Administrator. There shall be no limit on the number
of terms a person may serve as a Special Master.
(f) Removal. At any time during the appointment, the Alarm Administrator shall
have the authority to remove a Special Master with or without cause upon ten
(10) days written notice.
(g) Vacancy. If any Special Master resigns or is removed prior to expiration
of his or her term or the Alarm Administrator determines that the Special Master
should not be reappointed, the Alarm Administrator shall appoint a Special Master
from the pool of candidates previously selected by the Sheriff to fill the vacancy
within thirty (30) days.
(h) Conflicts of Interest. Special Masters shall not be considered outside or
special counsel of the Sheriff's Office.
(i) Meetings.
1. Location. The location of the meetings shall be in Palm Beach County, Florida.
2. Operating procedures. All cases brought before Special Masters shall be presented
by either the Alarm Enforcement Division or an attorney representing the Division.
3. Meetings open to the public. All meetings and public hearings shall be open
to the public.
(j) Compensation. Special Masters shall serve without compensation for their
services and shall not be considered County or Sheriff employees. Only expenses
approved in advance by the Sheriff's Office shall be reimbursable and must be
documented to fulfill the responsibilities as a Special Master.
SECTION 10. Fines for False Alarms.
(a) False Alarms within a permit year for the same Alarm Permit shall be subject
to the following fines:
(1) The first and second False Alarms shall not be assessed a fine.
(2) The third and fourth false alarms shall each be assessed a fifty ($50.00)
dollar fine.
(3) A fifth false alarm shall be assessed a seventy five ($75.00) dollar fine.
(4) The sixth through ninth false alarms shall each be assessed a one hundred
dollar ($100.00) fine.
(5) The tenth and all subsequent false alarms shall each be assessed a five
hundred dollars ($500.00) fine.
(b) Failure to make payment within thirty (30) days from date of receipt of
notification of any fines under this Ordinance shall result in a limited response
to alarm activations by the Sheriff's Office. The Sheriff's Office shall not
respond to burglar alarms at the alarm site until payment of all delinquent
fines and/or civil penalties are received. The Sheriff's Office will continue
to respond to robbery, panic, duress or hold up alarms, 911 telephone calls
and other emergency or non-emergency requests for service.
(c) Any person operating a non-permitted Alarm System (revoked, suspended, or
never permitted) will be subject to a two hundred fifty dollar ($250.00) civil
penalty for each False Alarm dispatch.
SECTION 11. Maintenance of Records.
All Alarm Companies must maintain for a period of one year, all monitoring,
service, and installation records. This information must be provided to the
Sheriff's Office, upon request, within the following time frames: records up
to 180 days old must be provided within 5 calendar days and records over 180
days old must be provided within 10 calendar days. Current information must
be maintained regarding the premises monitored, the Alarm User, and the key
holder. Violation of this section shall result in a civil penalty of five hundred
dollars ($500.00) per incident.
SECTION 12. Automatic Telephone Dialing Alarm Systems Prohibited, No Response
for Mobile Alarm Systems.
(a) It shall be a violation of this Ordinance for any person, natural or corporate,
to sell, offer for sale, install, maintain, lease, operate or assist in the
operation of an Automatic Telephone Dialing Alarm System. Violation of this
section shall result in a civil penalty of one hundred twenty five dollars ($125.00)
per incident to the Alarm User and/or Alarm Company.
(b) The Sheriff shall issue an order to discontinue use of all Automatic Telephone
Dialing Alarm Systems to the owner, operator, or lessee within seventy-two (72)
hours and shall put the system on a No Response status.
(c) All Automatic Telephone Dialing Systems installed prior to the effective
date of this Ordinance, shall be removed within thirty (30) days of the date
of the notice as set forth in subsection (b) hereof.
(d) Mobile Alarm Systems. The Sheriff shall not respond, and the Alarm Company
and/or Alarm Monitoring Company shall not request a response, to any activation
of a mobile, personal, or automotive security device or any other Alarm System
that is not fixed or installed in a permanent location. A request for a dispatch
for a Mobile Alarm System shall result in a civil penalty of two hundred fifty
dollars ($250.00) for each occurrence to the Alarm Company.
SECTION 13. Applicability.
This Ordinance shall apply in the entire unincorporated area of Palm Beach County
and any area within Palm Beach County where the Palm Beach County Sheriff's
Office responds to burglar, robbery, panic, duress or hold up alarm activations
as the primary law enforcement agency, pursuant to an agreement between a municipality
and the Sheriff.
SECTION 14. Limitation of Liability.
Neither the Sheriff's Office or the County shall be under any obligation or
duty to an Alarm User or to any other person hereunder by reason of this Ordinance.
The Sheriff specifically disclaims liability for any damages which may be caused
by failure to respond to an alarm.
SECTION 15. Prohibitions and Penalties.
In addition to the penalties referenced throughout this Ordinance, the following
shall apply:
(a) Any false statement made in an application for an Alarm Permit hereunder
or with respect to any process or procedure required under this Ordinance shall
result in a civil penalty of five hundred dollars ($500.00) to the maker of
the false statement and revocation of the alarm permit
(b) No Alarm User shall operate an Alarm System without a valid Alarm Permit
issued by the Palm Beach County Sheriff's Office unless specifically exempted
under Section 3L of this Ordinance. Violation of this section shall be subject
to a civil penalty of two hundred fifty dollars ($250.00).
(c) No person shall manually operate an Alarm System for any reason other than
an occurrence of an event that the Alarm System was intended for. Violation
of this section shall result in a civil penalty to the Alarm User of one hundred
twenty-five dollars ($125.00) per incident.
(d) Alarm Monitoring Companies shall attempt to verify every alarm signal, except
a robbery, panic, duress or hold up alarm activation before requesting the Palm
Beach County Sheriff's Office to respond. Violation of this section shall result
in a civil penalty to the Alarm Monitoring Company of five hundred dollars ($500.00)
per incident.
(e) It is the responsibility of the Alarm Company and technician to prevent
false alarms during installation, system repairs, or system service by switching
the monitoring system to test mode. Violation of this section shall result in
a civil penalty of one hundred twenty-five dollars ($125.00) per incident to
the alarm technician or Alarm Company.
(f) The Department of Business and Professional Regulations will be notified
of violations of this Ordinance by any contractor, Alarm Company or Alarm Monitoring
Company.
SECTION 16. Repeal of Laws in Conflict.
All local laws and ordinances in conflict with any provisions of this Ordinance
are hereby repealed to the extent of such conflict.
SECTION 17. Severability.
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance
is for any reason held by the Court to be unconstitutional, inoperative, or
void, such holding shall not affect the remainder of this Ordinance.
SECTION 18. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Palm Beach County, Florida. The sections of this Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance"
may be changed to "section", "article", or other appropriate
word.
SECTION 19. Effective Date.
The provisions of this Ordinance shall become effective upon filing with the
Department of State.
APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County,
Florida, on this the ______________ day of _______________________, 2002.
DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:_________________________________
Deputy Clerk Warren H. Newell, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:__________________________
Assistant County Attorney
Filed with the Department of State on the day of , 2002.
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