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SECTION 1. PURPOSE
(A) The purpose of this ordinance is to encourage alarm users and alarm companies to maintain the operational reliability of alarm systems and to properly use alarm systems in order to reduce or eliminate false/accidental alarm dispatches of fire and police units.
(B) This ordinance governs systems intended to summon public safety response, requires permits, establishes fees, provides for penalties for violations, establishes a system of administration.
SECTION 2. DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
12 month period means the 12 months that constitute the duration of the permit.
Alarm Administrator means a person designated by the City Manager to design, implement, administer, control, and review False Alarm Reduction efforts.
Alarm Company means a business, by an individual, partnership, corporation or other entity, selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site.
Alarm Dispatch Request means a notification to public safety officials by an alarm company that an alarm has been activated at an alarm site.
Alarm Permit means a permit issued by the city allowing the operation of an alarm system within the city.
Alarm Site means a single premise or location served by an alarm system or systems. Each unit in a multi-tenant building or in a complex shall be considered a separate alarm site.
Alarm System means a device or series of devices, including, but not limited to, systems interconnected with a radio frequency signal, which are designed to discourage crime and warn of criminal activity or warn of fire by emitting or transmitting a remote or local audible, visual, or electronic signal indicating an alarm condition that may require assistance from the fire or police department.
Alarm User means any person, firm, partnership, corporation, or other entity that uses or is in control of any monitored alarm system at its alarm site.
Alarm User Awareness Class means a class to educate alarm users about the problems created by false alarms and in the responsible use of alarm systems.
Automatic Telephone Dialing Device or Digital Alarm Communication System. An alarm system that automatically sends a prerecorded voice message or coded signal over regular telephone lines by direct connection or any other digital method indicating the existence of the emergency situation that the alarm system is designed to detect.
Cancellation means the process by which an alarm company verifies with the alarm user or responsible party that a false/accidental alarm dispatch has occurred and that there is not an existing situation at the alarm site that requires fire or police response.
Conversion means the process by which one alarm company begins monitoring a previously unmonitored alarm system or an alarm system previously monitored by another company.
False/Accidental Alarm Dispatch means the activation of any alarm system that results in a response by a member of the Police or Fire departments where no evidence of a problem requiring their response is found after an investigation at the alarm site. An alarm dispatch request cancelled by the alarm company prior to the time the responding police officer or firefighter reaches the alarm site shall not be considered a false/accidental alarm dispatch.
General Intrusion Alarm means an alarm signal so reported to the police or fire department by an alarm company to indicate an intrusion into a structure.
Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters.
Knox Box means a locked box located at or near the main door or gate of an alarm site that contains keys to the site and to which the Fire Department has the master key.
Master Permit Holder means the owner or manager of an apartment complex that offers monitored alarms as an amenity who has received a master alarm permit.
Medical Alarm means alarm signals that indicate an emergency medical situation exists.
Monitoring means the process by which an alarm company receives signals from alarm systems and relays an alarm dispatch request to the city for the purpose of summoning Police or Fire response to the alarm site.
One Plus Duress Alarm means the manual activation of an alarm by entering into a keypad a code one number higher than the normal arm/disarm code of a silent alarm signal intended to indicate a crisis situation requiring law enforcement response.
Person means an individual, corporation, partnership, association, organization or other entity.
Serve means the delivery of any notice by a government official to the alarm user.
Transfer means the process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user.
Verify means an attempt by an alarm company to avoid a false/accidental alarm dispatch request by contacting the alarm site to determine if response to an alarm signal is required.
SECTION 3. PERMIT REQUIRED; FEE; APPLICATION; RENEWAL; TRANSFERABILITY; FALSE STATEMENTS
No alarm user shall operate, or cause to be operated, a monitored alarm system at an alarm site without a valid alarm permit issued by the Alarm Administrator. A separate permit is required for each alarm site. The duration of the permit shall be one year from October 1 to September 30. Permits must be renewed annually.
The permit fee will be set at $20.00 for monitored alarm systems, both residential and commercial, however, in the first year of this ordinance, $10.00 shall be charged during the period between the date on which the ordinance is adopted and the effective date of the ordinance. From the effective date forward, a permit fee of $20.00 shall be charged for all monitored alarm systems. In all subsequent years, a fee of $20.00 shall be charged unless the Alarm Administrator determines that the alarm user had no false/accidental alarm dispatches in the previous 12 months, in which event no fee shall be charged.
Any alarm user who does not obtain a permit within thirty (30) days from the effective date of the ordinance, within thirty (30) days of the permit renewal date, or within fifteen (15) days of a new installation, transfer or conversion will be considered to have a non-permitted system and will be fined $100.00. No refund of a permit fee will be made nor will fees be prorated, however, the alarm user of an alarm system that is newly installed, transferred, or converted between August 31 and September 30 of any year will have the permit fee for the remainder of that permit year waived.
An alarm permit registration form authorized by the Alarm Administrator must accompany permit fees. Any required fees and the form must be received before a permit is issued or renewed. In the first year of this ordinance, the alarm companies will provide their customers with the permit registration form and ordinance information. Renewals will be the responsibility of the alarm user. On all new installations, conversions and transfers, the alarm company will submit the permit fee and required forms to the Alarm Administrator within fifteen (15) calendar days after the installation, conversion, or transfer. Subsequent annual renewals will be the responsibility of the alarm user.
Upon receipt of a completed application form and any required fee, the Alarm Administrator shall issue an alarm permit to an applicant unless the applicant has:
1. Failed to pay a fee assessed under Section 9 or,
2. Made a false statement of a material matter.
An alarm permit cannot be transferred to another alarm user or alarm site. An alarm user shall inform the Alarm Administrator of any change that alters the information listed on the permit application within ten (10) business days of the change.
SECTION 3.1 ALARM SYSTEMS IN APARTMENT COMPLEXES
If the alarm system is contracted for by a tenant and is monitored, the tenant must obtain an alarm permit. The fee for this permit or renewal shall be the same as for a residential or commercial alarm site. For purposes of enforcing this article, the tenant will be responsible for payment of fines for false/accidental alarm dispatches emitted from the alarm system in the tenant's unit.
If the owner or property manager of an apartment complex chooses to provide monitored alarm systems in the units as an amenity, then the owner or manager shall obtain a master alarm permit from the Alarm Administrator. The fee for this permit shall be $200.00 and $5.00 per residential unit. All units, whether occupied or not, shall be included in calculating the required fee. These fees are in lieu of the $20.00 permit fee. Nothing in this section shall be construed as requiring a permit fee for unmonitored smoke alarms. For purposes of enforcing this article, the master alarm permit holder will be responsible for payment of fines for false/accidental alarm dispatches.
The owner or manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a non-residential area of the apartment complex. The fee for such permit shall be the same as for a residential or commercial alarm site.
SECTION 4. DUTIES OF ALARM USERS
An alarm user required by Section 3 to have an alarm permit shall:
1. Maintain the premises and the alarm system in a manner that will minimize or eliminate false/accidental alarm dispatches, and activate the alarm only for the occurrence of events it was designed to report,
2. Promptly apply for the required permit and pay required fees, and promptly advise the City of Palm Bay Alarm Administrator of any changes in permit information,
3. Respond or cause a responsible representative to respond to the alarm site within 30 minutes when notified by the City of Palm Bay Police or Fire department that a public safety or criminal event or attempted event has occurred at the alarm site that requires the presence of the alarm user or his representative,
4. Adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of the alarm site shall sound for no longer than fifteen (15) minutes, or five (5) minutes for general intrusion alarm systems.
5. Have a properly licensed alarm company modify the alarm system to be more false alarm resistant or retrain alarm users in its proper use upon the occurrence of the 4th false/accidental alarm dispatch within a 30 day period. Alarm users must provide an affidavit or a copy of the alarm company's service report/invoice for this service to the Alarm Administrator within ten (10) days of receiving notice of the 4th false alarm, and
6. Commercial alarm sites with monitored fire/detection alarms shall have Knox boxes, or similar equipment approved by the Fire Chief or designee, installed to permit access to the site by the Fire Department.
SECTION 5. DUTIES OF ALARM COMPANIES
Upon enactment of this ordinance, alarm companies shall:
1. Ensure that all alarm users are provided with adequate training in false alarm prevention,
2. Review with their new installation customers and provide the Alarm Administrator with a false alarm prevention checklist authorized by the Alarm Administrator,
3. Provide the Alarm Administrator with completed permit registration forms and permit fees for new installations, transfers, or conversions.
4. Not program alarm systems so that they are capable of sending One Plus Duress alarms, and remove One Plus Duress alarm capability from systems when a transfer or conversion occurs,
5. Verify alarm calls in accordance with Section 489.529, Florida Statutes, and attempt to cancel dispatch when verification of a false alarm is received.
SECTION 6. DUTIES OF ALARM ADMINISTRATOR
The alarm administrator shall:
1. Designate a manner, form, and telephone number for the communication of alarm dispatch requests,
2. Keep records pertaining to permits, false/accidental alarm dispatch requests, and payment of fines and fees,
3. Establish a procedure for the notification to the alarm user of all false/accidental alarm dispatches,
4. Create, implement, and administer an alarm user awareness class,
5. Provide alarm companies with information pertaining to their customers' false/accidental alarm dispatches and city policies and procedures,
6. Bill and collect fees and fines, and
7. Review appeals and render decisions.
SECTION 7. SYSTEM PERFORMANCE REVIEWS
If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation, the Alarm Administrator may require a conference with an alarm user and alarm company to review the circumstances of each false/accidental alarm dispatch, identify the causes, and implement a course of corrective action.
SECTION 8. ALARM USER AWARENESS CLASS
A class shall be offered to alarm users that will inform them of the problems caused by false/accidental alarm dispatches and teach them how operate their systems without generating false alarms. There shall be no charge to permit holders to attend this class. There shall be a $10.00 fee for non-permit holders to attend the class. The Alarm Administrator shall waive one false/accidental alarm dispatch fee for alarm users who successfully complete the class. There shall be only one (1) waiver per alarm permit in a 12-month period and no more than three (3) while the alarm permit remains at the same address.
SECTION 9. FEES
An alarm user required by Section 3 to have an alarm permit or a master permit holder shall be subject to fees depending upon the number of false/accidental alarm dispatches requiring police or fire response to the alarm site within a 12-month period according to the following schedule:
False/Accidental Alarm
Dispatch Number: Police Response Fire Response
1 $0 $0
2 $0 $0
3 $50 $200
4 $100 $250
5 $150 $300
6 or more $200 each $350 each
Such fees will be payable within ten (10) days of receiving notification. This requirement will be stayed for sixty (60) days if an eligible alarm user registers for the alarm user awareness class within ten (10) days of receiving notification. If the alarm user does not complete the class by the end of the sixty day period, the fees will become payable immediately.
Any alarm user who does not submit a copy of an affidavit or alarm company's service report/invoice for repair or retraining to the Alarm Administrator as required in Section 4 within ten (10) days of receiving notice of the 4th false alarm will be fined $100.00 in addition to the false alarm fee listed above.
Any alarm user who operates a non-permitted monitored alarm system will be assessed a fine of $100.00 in addition to the regular permit fee and any false/accidental alarm dispatch fees due. The fine may be reduced to $50.00 if the alarm user submits the appropriate permit fee, registration form, and any outstanding false alarm fees to the Alarm Administrator within ten (10) days of receiving notice from the Alarm Administrator.
If a law enforcement officer or firefighter responding to a dispatch determines that an on-site employee of the Alarm Company directly caused the false alarm, the alarm company will be fined $50.00, and the incident will not be counted against the alarm user.
The Alarm Administrator may consider all false/accidental alarm dispatches at an alarm site in a 24-hour period as one false/accidental alarm dispatch and invoice the user accordingly. If there are more than two false/accidental alarm dispatches to an alarm site in a 24-hour period, the alarm user must have a properly- licensed alarm company either modify the alarm system to be more false alarm resistant or retrain the alarm users in its proper use and submit an affidavit or a copy of the alarm company's service report/invoice to the Alarm Administrator within ten (10) days of receiving notice from the Alarm Administrator.
No fee shall be assessed if the false/accidental alarm dispatch is:
1. Caused by a hurricane, tornado, or lightening strike where there is clear evidence of physical damage to the alarm system verified by a licensed alarm company;
2. Caused by the disruption of telephone circuits beyond the control of the alarm user;
3. Caused by electrical power failure in excess of four (4) hours that is beyond the control of the alarm user.
SECTION 10. SUSPENSION OF RESPONSE
The Alarm Administrator is authorized to suspend the alarm permit of any residential alarm system by written notice delivered via certified mail to the alarm user or master permit holder when the alarm site has had ten (10) false/accidental alarm dispatches within a 12-month period.
A written notice of suspension shall be mailed to the alarm user via certified mail and shall specify the date on which the permit will be suspended, which date shall be at least ten (10) days from the date of the notice.
After the effective date of the suspension of the permit, the Chief of Police or designee may order suspension of police response to an alarm site for general intrusion alarms unless there is a separate indication that there is a crime in progress.
A permit may be reinstated if the alarm user:
1. Pays, or otherwise resolves to the satisfaction of the Alarm Administrator, all fees and fines, and
2. Submits a notarized certification from a properly licensed alarm company stating that the alarm system has been inspected, repaired (if necessary), is in proper working order, and that the alarm user has been re-trained in its proper use.
SECTION 11. APPEAL PROCESS
An alarm user may appeal the assessment of a fee, fine, permit suspension, or the determination of a false/accidental alarm dispatch to the Alarm Administrator.
The alarm user shall file a written appeal to the Alarm Administrator setting forth the reasons for the appeal within ten (10) days of notification of false/accidental alarm dispatch, fee, fine, or suspension. The Alarm Administrator (or designee) shall review the evidence, make a decision, and provide the alarm user with a written decision within ten (10) days of receiving the appeal.
The alarm user may appeal that decision to the City Manager by filing a written request for review setting forth the reasons for appeal within ten (10) days of receiving notice of the Alarm Administrator's decision. The City Manager shall review the facts and circumstances and shall provide the alarm user with a written decision. The decision of the City Manager is final as to available administrative remedies of the city.
Filing the request for appeal shall stay the action by the Alarm Administrator until the City Manager has completed the review. If a request for appeal to the City Manager is not made within the ten (10) day period, the action of the Alarm Administrator is final.
SECTION 12. FAILURE TO PAY FEES OR FINES
It shall be unlawful and an offense against the city for any person to fail to pay any fee, fine, or other monetary penalty due to the city under the provisions of this chapter within ten (10) days after written demand has been served upon such person by the city to make any such payment. A late payment fee shall be imposed if payment is not received within ten (10) days after written demand has been served upon such person. The late payment fee shall be five dollars ($5.00) or five percent (5%) of the delinquent amount, whichever is greater.
If a person fails to pay the fee, fine or penalty as specified in this ordinance, the person shall be notified in writing, by certified mail, of the city's intent to impose a lien to cover all costs and/or fees incurred. If payment is not received in thirty (30) days from the date of the notice, the Alarm Administrator may impose a lien on the property in the amount of the fee, fine or penalty, including administrative costs and fees incurred by the city. The lien may be recorded in the official records of the county. Liens created under this section shall remain liens co-equal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid and shall bear interest annually at a rate not to exceed the legal rate allowed for such liens and may be foreclosed pursuant to the procedure set forth in Florida Statutes Ch. 173.
SECTION 13. AUTOMATIC TELEPHONE DIALING ALARM DEVICE OR DIGITAL ALARM COMMUNICATOR SYSTEM
It shall be unlawful for any person to install, maintain, operate, or use any automatic telephone dialing alarm device or digital alarm communicator system within the city if the system requires connection to or calls the communications center of the Police or Fire departments.
It shall be unlawful for any person to install, maintain, operate or use any automatic telephone dialing alarm device or digital alarm communicator system within the city unless such system is currently approved by the Federal Communications Commission (FCC) or National Fire Protection Association (NFPA) and has been approved by the Alarm Administrator, unless otherwise required by Florida Statutes.
SECTION 14. GOVERNMENT IMMUNITY
Permitting of an alarm system is not intended to, nor will it, create a contract, duty, or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By obtaining an alarm permit, the alarm user acknowledges that response may be based on factors such as: availability of units, priority of calls, weather conditions, traffic conditions, emergency conditions, and staffing levels. The city, its officers, employees and agents, shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, those duties or responsibilities being solely those of the alarm user.
SECTION 15. CONFIDENTIALITY
Pursuant to Section 281.301, Florida Statutes, information relating to the security systems for any privately owned or leased property is exempt from public access or disclosure and shall be held in confidence by all employees or representatives of the City of Palm Bay.
SECTION 16.
All ordinances, or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.
SECTION 17.
It is the intention of the City Council of the City of Palm Bay that the provisions of this ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention.
SECTION 18.
If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid inapplicable, inoperative or void portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof.
SECTION 19.
This ordinance shall take effect October 1, 2000.
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