Fort Walton Beach Council agenda — 01-09-2007 workshop agenda — reading text

authorized agent thereof. Public nuisance" shall mean anything which annoYs. injures or endangers the comfort, repose. health or safety of a considerable number of persons or of any community or neighborhood. Utility company" shall mean any public service company authorized to work on either telephone. TV cable. or power lines. including but not limited to the telephone. TV cable. or power companies. Non- shall mean that a police officer shall not be dispatched to an alarm location based Response'' solely on an a1ann system signal. unless it has been verified by an independent secondary source that a criminal act or attempted criminal act is in progress or has occurred. SECTION 4. PURPOSE. A new section entitled " Purpose, scope" is adopted as follows; Purpose a) The purpose of this chapter is to require alarm users and alarm businesses ( sales. installation. customer service and/or monitoring) to maintain the opemtional reliability and the proper use of alarm systems in limiting unnecessary police or fIre emergency responses to false alarms/alarm malfunctions. b) This chapter governs all burglary. robbery, medical. and fIre alarm systems requiring permits. establishes fees. provides for penalties for violations. establishes a system for administration. and sets forth conditions for suspension or loss of permits and non- response to activations. SECTION 5. RULES FOR USE. A new section entitled " Rules for use, conditions for connections, fees, schedules", is adopted as follows; Rules for Use Toni L.Craig Page 7 IlI8/Z00S  a) The Police Chiefmav promuhzate such rules as may be necessary for the implementation of this chapter. Each alarm user will abide by this chapter and any instructions as required by the City. b) All automatic dialing devices shall be prohibited from calling or dialing the Police De? artment 90 days after adoption of this ordinance. c) All alarm systems transmitting signals to the communications console in the Police Department shall be disconnected/removed from the Police Department 90 days after adoption of this ordinance. d) The provisions of this section shall apply to all alarm users except the various departments of the city. e) Every alarm user shall submit to the Chief of Police the names and telephone numbers of at least two persons who can be reached at any time. day or night. who are authorized to respond to an emergency signal transmitted by an alarm system. and who can open the premises wherein the alarm system is installed. f)All alarm systems installed after the effective date of this ordinance. that use an audible horn. bell. or other signaling device shall be equipped with a device that will shutoff such horn or bell within 10 minutes after activation of the alarm system. This shall not apply to Fire Alarm Systems. g) Any alarm system emitting a continuous and uninterrupted signal for more than 20 minutes from the time the PolicelFire Department is notified. which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under section ( e) of this section. and which disturbs the peace. comfort. or repose of a community. neighborhood. or considerable number of inhabitants of the area where the alarm system is located. shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal. the Police Chief shall endeavor to contact the alarm user or those persons designated by the alarm user under subsection ( e) of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the name and addresses of all complainants and the time each complaint was made. If the Police Chief or Fire Chief is unable to contact the alarm user or those persons designated by the alarm user under subsection ( e) of this section. or if such person cannot or will not curtail the audible signal being emitted by the alarm system and if the Police Chief is otherwise unable to abate the nuisance. he shall direct a police officer. firefighter. or a qualified alarm technician to enter upon the property or premises and take any reasonable action necessary to abate the nuisance. If entry upon the property or premises in which the alarm system is located is made in accordance with this subsection. the person so entering upon such property: 1) shall not conduct. engage in. or undertake any unwarranted search. seizure. inspection. or investigation while upon the property: Toni L. Craig Page 8 11/8/ 2005  2) shall not cause any unnecessary damage to the alarm system or to any part of the premises: 3) shall leave the property as soon as practical after the audible signal has ceased. h) After an entry upon property has been made in accordance with this section. the Police Chief or Fire Chief shall have the property secured. if necessary. The Fire Department may have a key box or lock box installed in accordance with NFP A 1.3- 6 at the expense of the alarm user. The reasonable costs and expenses of abating a nuisance in accordance with this section shall be assessed to the alarm user. Within ten days after abatement of a nuisance in accordance with this section. the alarm user may request a hearing before the Police Chief or Fire Chief and may present evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of the abatement. that unnecessary damage was caused to his property in the course of the abatement. that the cost of the abatement should not be assessed to him. or that the requirements of this section were not fulfilled. The Police Chief or Fire Chief shall hear all interested parties and may. at his or her discretion. reimburse the alarm user for the repairs to his property necessitated by the abatement or excuse the alarm user from paving the cost of abatement. i) A central station initiating an emergency response due to testing an alarm system. shall constitute a false alarm. SECTION 6. FALSE ALARMS. A new section entitled " False Alarms," is adopted as follows: False Alarms When emergency messages or signals of a burglar. robbery. medical. or fire alarm are received by the Police Department or Fire Department that evidence a false alarm. the actions set forth in the following subsections will be taken and. when so required by such subsections. the Chief of Police or Fire Chief may order a fme to be levied. The Chief of Police may also cause the use of an alarm system be discontinued or order a " non- response" to any future alarm activations. 1) The Police Department or Fire Department. upon receiving notification of an alarm activation. shall dispatch personnel to the scene of the activation. If the activation is determined to be false. the officer shall complete a " false alarm report" and leave a copy of the report with the user or designated person on the property. In the event the user or the designee is not present. the officer shall leave a copy of the report in a conspicuous place on the premises. 2) The Police Department and Fire Department shall keep a record of all false alarm activations for the calendar year. in addition to a list of all alarmed premises. users and designated contacts. Toni L.Craig Page 9 1/8/ 2005 3) If the Police Department or Fire Department records more than three ( 3) false alarms in a calendar year. from an alarm system or alarm monitoring company who monitors an alarm system. the user shall be fined.per false alarm. as follows: ill} For the first three ( 3) violations within any twelve- month period. there is no charge. Q} For the fourth. fifth and sixth violation within any twelve-month period. the fine is twenty- five dollars ($ 25. 00) per violation. For the seventh. eighth and ninth violation within any twelve-month period. the rme is fifty dollars ($ 50. 00) per violation. @ For the tenth and each subsequent violation within any twelve-month period. the rme is seventy- five dollars ($ 75. 00) per violation. Alarm activations exceedin~ (12) twelve false alarms shall be cause for the alarm permit to be revoked by the Chief of Police. 4) The burden of proof shall be with the alarm user to show that a false alarm was not through mechanical failure. malfunction, improper installation. maintenance or negligence of the user or other persons authorized to be on the premises. Alarm users are responsible for the training of persons authorized to be on the premises to insure proper operation of the alarm system. 5) Any burglar or robbery alarm system that continuously malfunctions or otherwise causes false alarms may be ordered disconnected by the Chief of Police. Any alarm user who fails or refuses to disconnect their alarm system after being notified by the Chief of Police to do so shall be notified by certified mail that there shall be a " non- response" to any future activations. Upon satisfaction of all unpaid es. renewal of the alarm pennit. and repairs and certified by a char,? licensed alarm installation company to the alarm system as required to bring the system back into proper working order have been completed the Chief of Police shall rescind the " non- response" order. SECTION 7. ALARM PERMIT FEES. A new section entitled " Alarm Permit Fees" is adopted as follows: Alarm Permit Fees a) All alarm users in the city. whether connected directly to a private monitoring company or audible. shall be required to maintain an alarm permit. The cost of such permit shall be $ 50.00 for first time registration and $ 25. 00 annual renewal fee. Such permit shall expire at the end of the calendar year. b) Any alarm user not in possession of a current permit shall be notified by the police department that a permit is required. Any alarm user who refuses to secure an alarm permit shall be assessed a charge of $100. 00 per false alarm. Any alarm user who refuses to pay the assessed charge shall be subiect to the provisions of section 1- 8. of the Code of Ordinances. Toni L.Craig Page 10 11/8/ 2005 c) Alarm permits shall be visibly displayed in all businesses in conjunction with any other city or state permits. Alarm permits for residential use shall be presented upon demand of a Police Officer or other designated city employee. d) Failure to present an alarm permit will be prima facie evidence that the user is not in possession of a current permit. e) Alarm Permit fees shall be prorated on a quarterly bases beginning from date of purchase. unless an f)All charges shall be paid to the City within ( 10) ten working dayS after notification. appeal is filed pursuant to the provisions of this ordinance. Failure to pay any charges shall be of this section prima facie evidence that the users of burglary and robbery alarms are in violation and shall be subiect to the provisions of section 1- 8 of the City Code of Ordinances. g) Fire alarm users in violation shall be subject to applicable state law. SECTION 8. ALARM