Fort Walton Beach Ordinance — 2224-Amending COO 8.02 Alarm Systems — reading text

READING DATE 1st rim azb ORDINANCE 2224 2nd s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 8. 02 ALARM SYSTEMS; PROVIDING FOR SEVERABILITY ; AND PROVIDING FOR AN EFFECTIVE DATE SECTION 1: AUTHORITY. The authority for enactment of this Ordinance is Section 166. 021, Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; WHEREAS, the City of Fort Walton Beach has adopted Section 8. 02 of the Code of Ordinances to regulate alarm systems within the City; and WHEREAS, the City Council finds that excessive false alarms place an undue burden on the limited law enforcement and fire resources of the City, divert public safety personnel from responding to actual emergencies, and impose unnecessary costs on the City; and WHEREAS, the City Council finds that clarifying the administration of alarm permits, streamlining the enforcement provisions of Section 8. 02, and incorporating the alarm verification requirements of Section 489. 529, Florida Statutes, will reduce the incidence of false alarms and the resulting burden on the City' s public safety resources; and WHEREAS, the City Council finds that this Ordinance serves a legitimate public purpose and promotes the public health, safety, and general welfare of the citizens of the City of Fort Walton Beach, Florida; NOW, THEREFORE, be it ordained by the City Council of the City of Fort Walton Beach. Florida as follows: SECTION 3. RECITALS. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 4. CODE OF ORDINANCES. Chapter 8. 02 and 3. 20, Code of Ordinances is hereby amended to read as follows with additions underlined and deletions struck through: 8. 02. ALARM SYSTEMS  8. 02. 00. Defmitions. Alarm businesses: A business for which any individual, partnership, corporation or other entity engaged in selling, leasing, installing, servicing, or monitoring alarm systems, either privately or publicly owned. Alarm monitoring company: A person or business engaged in monitoring alarm systems and notifying the Police Department or Fire Department of an alarm signal. Alarm monitoring companies are subject to the alarm verification requirements of F.S. § 489. 529. Alarm system: A system of devices which includes a control panel that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police, emergency medical services or fire services of the city, including local alarms. Alarm system does not include: 1) An alarm installed on a vehicle, unless the vehicle is permanently located at a site; or 2) An alarm designed to alert only the inhabitants of a premise within the interior of that premises. Alarm user or user: Any person or business on whose premises alarm systems are maintained within the city, except for alarms on motor vehicles or property systems. Automatic dialing device: An alarm system which automatically sends over regular telephone lines, by direct connection, or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. Central station: A location to which remote alarm or signaling devices are connected, where operators supervise circuits or where employees are maintained continuously to investigate signals. Communications console: The instrumentation on an alarm console at the receiving terminal of a signal line which, through visual or audible signals, indicates activation of an alarm system at a particular location, or which indicates line trouble. Direct connect: An alarm system which has the capability of transmitting system signals to and receiving them at the police communication center. False alarm: shall mean: 1) The activation of an alarm system through mechanical failure, system malfunction, improper installation or negligence of the user of an alarm system or the user' s employees or agents; or 2) Any signal or oral communications requesting, requiring or resulting in a response on the part of the police department or fire department when in fact, there has been no unauthorized intrusion or attempted intrusion into a premises or no robbery, attempted robbery, products of combustion or emergency medical response.  3) Excluded from this definition are activations of alarms systems caused by power outages, weather conditions, or any other conditions determined not to be a result of equipment failure or neglect of the user. Fire Alarm System: A signal initiated by a fire alarm- initiating device such as a manual fire alarm box, automatic fire detector, water flow switch or other devices which activation is indicative of a fire or fire signature and transmits signal to strobe and horn devices to evacuate the premises. Also transmits or relays a signal intended to summon fire services, including local alarms. Fire Chief shall mean tThe Fire Chief of the City or their designated representative. Fire Department: shall mean tThe City Fire Department or any authorized agent. Key holder/emergency contact: The person( s) designated in writing by the alarm user as authorized to respond to an activated alarm. Police Chief shall mean tThe Chief of Police of the City or their designated representative. Police Department: shall mean tThe City of Fort Walton Beach Police Department or any authorized agent. Public nuisance: shall mean aAnything which annoys, injures or endangers the comfort, repose, health or safety of a considerable number of persons or of any community or neighborhood. Non-Response: shall mein tThat a Police Officer shall not be dispatched to an alarm location based solely on an alarm 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. Utility Company:shall mean aAny public service company authorized to work on telephone, TV cable, or power lines, including but not limited to the telephone, TV cable, or power companies. 8. 02. 01. Alarm Permit Required. All alarm users in the City, whether connected directly to the Police Communications Centel-for to a private alarm monitoring company, or emits an audible signal, shall be required to maintain an alarm permit. The cost of such annual permit shall be in such amount as is established from time to time by resolution of the City Council. All alarm users in the City, Center or to a private alarm monitoring company, shall be required to maintain an alarm permit. There shall be no charge The fee for first time registration and the annual renewal fee shall be in such amount as established from time to time by resolution of the City Council in the City' s Comprehensive Fee Schedule. Such permit shall expire at the end of the calendar year, and the  Any alarm user not in possession of a current permit shall be notified by the Police Department that a permit is required. The alarm user shall obtain a permit and pay the appropriate fee within ten ( 10) working days after notification, unless an appeal is filed pursuant to the provisions of this chapter. Any alarm user who refuses to secure an alarm permit shall be subject to the provisions of chapter 1- 5, of the Code of Ordinances. City or State permit. Alarm permits for residential users shall be presented upon demand of a Police Officer or Firefighter. 8. 02. 03. Failure to Present possession of a current permit. 8. 02. 04. Reserves 8. 02. 4002. Operational Reliability Requirements. The purpose of this chapter is to require alarm users and alarm businesses ( sales, installation, customer service and/ or monitoring) to maintain the operational reliability and the proper use of alarm systems in limiting unnecessary police or fire emergency responses to false alarms/ alarm malfunctions. This chapter governs all burglary, robbery, medical, and fire alarm systems requiring permits, establishes authority for fees, establishes a system for administration, and sets forth conditions for suspension or loss of permits and non-response to activations. 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 and responsibilities being solely those of the owner of the premises. Additionally, it shall be the responsibility of the owner of the premises to silence an activated alarm and thereafter reset the same. The city shall not provide, nor make available, the services of its police department or fire department to be an emergency communications center for use by owners as a central location for alarm system receiving equipment. 8. 02.4403. Rules for Use. The Police Chief and Fire Chief may promulgate such rules as may be necessary for the implementation of this Each alarm user and any fire alarm contractor, sprinkler chapter. contractor, employee of such contractors, or entity licensed to perform maintenance or testing of an alarm system will abide by this chapter and any instructions as required by the City. 1) All automatic dialing devices shall be prohibited from calling or dialing Automatic dialing devices are prohibited from calling or dialing the Police Department.  2) the Police Department shall be disconnected/ rem. -: - . • • - ' : • - 9 - :. - -- --- -•-- 9 : . Alarm systems shall not transmit signals to the Communications Console in the Police Department. 3) The provisions of this section shall apply to all alarm users except the various departments of the City. 4) Every alarm user shall submit to the Chief of Police or designee the names and telephone numbers of at least two ( 2) 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. 5) All alarm systems installed after the effective date of this ordinance, that use an audible horn, bell, or other signaling devices shall be equipped with a device that will shutoff such horn or bell within ten ( 10) minutes after activation of the alarm system. This shall not apply to fire alarm systems. 6) Any alarm system emitting a continuous and uninterrupted signal for more 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. Any alarm system