Fort Walton Beach Council agenda — 10-25-05 workshop — reading text

is adopted as follows: 331 332 Pumose 333 a) The purpose of this chapter is to require alarm users and alarm businesses ( sales. installation. use of 334 customer service and/or monitoring) to maintain the operational reliability and the proper to false alarms/ alarm 335 alarm systems in limiting unnecessary police or fire emergency responses 336 malfunctions. 337 338 b) This chapter governs all burglary. robbery. medical. and fire alarm systems requiring permits. and 339 establishes fees. provides for penalties for violations. establishes a svstem for administration. to activations. 340 sets forth conditions for suspension or loss of permits and non- response 341 for 342 SECTION 5. RULES FOR USE. A new section entitled " Rules for use, conditions 343 connections, fees, schedules", is adopted as follows: 344 345 Rules for Use 346 10/17/ 2005 Toni L.Craig Page 7 347 a) The Police Chief may promulgate such rules as mav be necessarv for the implementation of 348 this chapter. Each alarm user will abide by this chapter and anv instructions as required bv the 349 Citv. 350 351 b) All automatic dialing devices shall be prohibited from calling or dialing the Police 352 Department 90 days after adoption of this ordinance. 353 354 c) All alarm systems transmitting signals to the communications console in the Police 355 Department shall be disconnected/removed from the Police Department 90 days after adoption of 356 this ordinance. 357 358 d) The orovisions of this section shall apply to all alarm users except the various departments of 359 the citv. 360 361 e) Every alarm user shall submit to the Chief of Police the names and telephone numbers of at 362 least two persons who can be reached at any time. day or night. who are authorized to respond to 363 an emergency signal transmitted bv an alarm system. and who can open the premises wherein the 364 alarm svstem is installed. 365 366 ft All alarm systems installed after the effective date of this ordinance. that use an audible horn. 367 bell. or other signaling device shall be equipped with a device that will shutoff such horn or bell 368 within 10 minutes after activation of the alarm system. This shall not applv to Fire Alarm 369 SYstems. 3 70 371 g) Any alarm system emitting a continuous and uninterrupted signal for more than 20 minutes 372 from the time the Police/ Fire Department is notified. which cannot be shut off or otherwise 373 curtailed due to the absence or unavailabilitv of the alarm user or those persons designated by 374 him under section ( e) of this section. and which disturbs the peace. comfort. or repose of a 375 communitv. neighborhood. or considerable number of inhabitants of the area where the alarm 376 svstem is located. shall constitute a public nuisance. Upon receiving complaints regarding such a 377 continuous and uninterrupted signal. the Police Chief shall endeavor to contact the alarm user or 378 those persons designated by the alarm user under subsection ( e) of this section in an effort to 379 abate the nuisance. The Police Chief shall cause to be recorded the name and addresses of all 380 complainants and the time each complaint was made. If the Police Chief or Fire Chief is unable 381 to contact the alarm user or those persons designated by the alarm user under subsection ( e) of 382 this section. or if such person cannot or will not curtail the audible signal being emitted by the 383 alarm system and if the Police Chief is otherwise unable to abate the nuisance. he shall direct a 384 police officer. firefighter. or a qualified alarm technician to enter upon the property or premises 385 and take any reasonable action necessarv to abate the nuisance. If entry upon the propertv or the 386 premises in which the alarm system is located is made in accordance with this subsection. 387 person so entering upon such property: 388 389 1) shall not conduct. engage in. or undertake any unwarranted search. seizure. 390 inspection. or investigation while upon the oropertv~ Toni L.Craig Page 8 10/17/ 2005 391 392 2) shall not cause any unnec,essarv damage to the alarm svstem or to anv part of 393 the memises~ 394 395 3) shall leave the mopertv as soon as practical after the audible signal has 396 ceased. 397 398 h) After an entry upon mopertv has been made in accordance with this section. the Police Chief 399 or Fire Chief shall have the propertv secured. if necessarv. The Fire Department mav have a key 400 box or lock box installed in accordance with NFP A 1.3- 6 at the expense of the alarm user. The 401 reasonable costs and expenses of abating a nuisance in accordance with this section shall be 402 assessed to the alarm user. Within ten days after abatement of a nuisance in accordance with this 403 section. the alarm user may request a hearing before the Police Chief or Fire Chief and may 404 present evidence showing that the signal emitted by his alarm system was not a public nuisance 405 at the time of the abatement. that unnecessarv damage was caused to his ~ropertv in the course of 406 the abatement. that the cost of the abatement should not be assessed to him. or that the 407 requirements of this section were not fulfilled. The Police Chief or Fire Chief shall hear all 408 interested parties and may. at his or her discretion. reimburse the alarm user for the repairs to his 409 propertv necessitated bv the abatement or excuse the alarm user from ~ aving the cost of 410 abatement. 411 412 n A central station initiating an emergency response due to testing an alarm system. shall 413 constitute a false alarm. 414 415 SECTION 6. FALSE ALARMS. A new section entitled " False Alarms," is adopted as 416 follows: 417 418 False Alarms 419 420 When emergency messages or signals of a burglar. robbery. medical. or fire alarm are received by 421 the Police Department or Fire Department that evidence a false alarm. the actions set forth in the 422 following subsections will be taken and. when so required by such subsections. the Chief of 423 Police or Fire Chief may order a fine to be levied. The Chief of Police mav also cause the use of 424 an alarm system be discontinued or order a " non- response" to any future alarm activations. 425 1 ) The Police Department or Fire Department. upon receiving notification of an alarm 426 activation. shall dispatch personnel to the scene of the activation. If the activation is determined 427 to be false. the officer shall complete a " false alarm ort" and leave a COpy of the report with re1;) 428 the user or designated person on the mopertv. In the event the user or the designee is not mesent. 429 the officer shall leave a COpy of the report in a icuous place on the premises. cons1;) 430 2) The Police Department and Fire Department shall keep a record of all false alarm activations 431 for the calendar vear. in addition to a list of all alarmed premises. users and designated contacts. Toni L.Craig Page 9 10/ 17/ 2005 432 3) If the Police Department or Fire Department records more than three ( 3) false alarms in a 433 calendar vear. from an alarm svstem or alarm monitoring companv who monitors an alarm 434 system. the user shall be fined. per false alarm. as follows: 435 ( ill For the first three ( 3) violations within any twelve- month period. there is no charge. 436 @ For the fourth. fifth and sixth violation within any twelve- month period. the fine is 437 twenty- five dollars ($ 25. 00) per violation. 438 ~ For the seventh. eighth and ninth violation within any twelve-month period. the fine is 439 fiftv dollars ($ 50. 00)per violation. 440 @ For the tenth and each subsequent violation within any twelve- month period. the fine is 441 seventy- five dollars ($ 75. 00) per violation. 442 Alarm activations exceeding (12) twelve false alarms shall be cause for the alarm permit to be 443 revoked bv the Chief of Police. 444 4) The burden of proof shall be with the alarm user to show that a false alarm was not through 445 mechanical failure. malfunction. improper installation. maintenance or negligence of the user or 446 other persons authorized to be on the premises. Alarm users are responsible for the training of 447 persons authorized to be on the premises to insure proper operation of the alarm system. 448 5) Anv burglar or robberv alarm system that continuously malfunctions or otherwise causes 449 false alarms mav be ordered disconnected by the Chief of Police. Any alarm user who fails or 450 refuses to disconnect their alarm system after being notified by the Chief of Police to do so shall 451 be notified by certified mail that there shall be a " non- response" to anv future activations. Upon 452 satisfaction of all unpaid charges. renewal of the alarm permit. and repairs and certified bv a 453 licensed alarm installation company to the alarm system as required to bring the system back into of Police shall rescind the " non- response" 454 proper working order have been completed the Chief 455 order. 456 SECTION 7. ALARM PERMIT FEES. A new section entitled " Alarm Permit Fees" is 457 adopted as follows: 458 459 Alarm Permit Fees 460 461 a) All alarm users in the city. whether connected directlv to a private monitoring company or 462 audible. shall be required to maintain an alarm permit. The cost of such permit shall be $ 50. 00 463 for first time registration and $ 25. 00 annual renewal fee. Such permit shall expire at the end of 464 the calendar vear. 465 b) Any alarm user possession of a current permit shall be notified bv the police not in 466 department that a permit is required. Any alarm user who refuses to secure an alarm permit shall 467 be assessed a charge of $100. 00 per false alarm. Any alarm user who refuses to pav the assessed 468 charge shall be subiect to the provisions of section 1- 8. of the Code of Ordinances. 10/ 18/ 2005 Toni L.Craig Page 10 469 c) Alarm permits shall be visibly displaved in all businesses in conjunction with any other city 470 or state permits. Alarm permits for residential use shall be mesented upon demand