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

emitting a continuous, uninterrupted signal for more than twenty ( 201 minutes after the Police Department or Fire Department is notified, which cannot be curtailed due to the unavailability of the alarm user or a designated contact, and which disturbs the peace of the surrounding area, constitutes a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the alarm system and if the Police Chief is otherw' - .. . . .. - ° .• -•, - property or premises and take any reasonable actien necessary to abate the- nuisance. Upon receiving complaints of such a signal, the Police Department shall attempt to contact the alarm user, or a designated contact, to abate the nuisance and shall record each complainant' s name and the time of the complaint. If contact cannot be made. or the signal cannot otherwise be abated, the Police Department or Fire Department may direct a Police Officer, Firefighter, or qualified alarm technician to enter the property and take reasonable action to abate the nuisance. investigation while upon the property; shall not cause any unnecessary damage to the alarm system or to any part of the premises; and shall leave the property as soon as practical after the audible signal has ceased. A person entering the property under this subsection shall not conduct any unwarranted search, seizure, or investigation; shall avoid unnecessary damage; and shall leave as soon as practical once the signal has ceased. 7) Fire Department may have a key box or lock b• '• . . •- . -• - •- '-,' 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. After entry, the Police or Fire Department shall have the property secured, if necessary. The Fire Department may require a key box installed under NFPA 1. 3- 6 at the alarm user' s expense. The reasonable costs of abatement shall be assessed to the alarm user. section, the alarm user may request a hearing before the Police Chief or Fire Chief and public nuisance at the time of the abatement, that unnecessary damage was caused to assessed-to-him, or that the requirements of this section were not fulfilled. Within ten( 10) dad s after abatement. the alarm user may request a hearing before the Special Magistrate to contest the nuisance determination, the cost assessed, damage caused, or compliance with this section. The Special Magistrate shall hear all interested parties and may. in their discretion, reimburse repair costs or waive the abatement cost. employee of such 8) Any fire alarm contractor, sprinkler contractor, contact the Okaleesa C: . - -- system in the city prior to the beginning of any maintenance or testing. A fire alarm or sprinkler contractor, or other entity licensed to test or maintain an alarm system, shall notify Okaloosa County Emergency Dispatch, the Fort Walton Beach Fire Department and Fort Walton Beach Police Department before performing maintenance or testing on any system in the city. 9) Each alarm monitoring company shall comply with the alarm verification requirements of F. S. § 489. 529 before requesting a Police Department response to an alarm signal.  10) Each alarm monitoring company shall furnish the responding department the following information when requesting dispatch: a. The name of the alarm monitoring company; b. The name or identification number of the reporting operator; c. A callback telephone number for the alarm monitoring company; d. The name of the business or homeowner and the address of the activated alarm; e. If a keyholder has been contacted. the kevholder' s name and estimated time of arrival; and f. Any other information reasonably requested by the responding department. 11) Each alarm business shall furnish the most current copy of this chapter to new alarm users at the time of installation, and to existing customers within sixty ( 60) days of the effective date of this ordinance. 8. 02. 04. False Alarms. When the Police Department or Fire Department responds to an emergency messages or signal of a burglary, robbery, medical, or fire alarm, and the responding department determines that the message or signal was a false alarm, the following procedures shall apply. 8. 02. 121.( 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 citation report and leave a copy of the report and citation with the and notice will be sent to the user or designated person on the property. 8. 02. 122.( 2) Record of Activations. The Police Department and Fire Department shall keep a record of all false alarm activations for the past two (2) calendar years, in addition to a list of all alarmed premises, users and designated contacts. 8. 02. 123.( 3) Violations, Police Department Responses. If the Police Department records more than three ( 3) two ( 2) 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:as set forth in the City's Comprehensive Fee Schedule. a. For the first three ( 3) violations within any twelve ( 12) month period, there is no charge. b. For the third, fourth, fifth and sixth violation within any twelve- 12) month period, the fine is twenty five dollars ($ 25. 00) per violation.  c. For the seventh, eighth and ninth violation within any twelve ( 12) month period, the fine is two hundred fifty dollars ($ 250. 00) per violation. d. For the tenth and each subsequent violation within any twelve ( 12) month period, the fine is seventy five dollars($ 75. 00) per violation. c. Alarm activations exceeding twelve ( 12) false alarms shall be cause for the alarm permit to be revoked by the Police Chief. Alarm activations exceeding twelve ( 12) false alarms shall be cause for the alarm permit to be revoked by the Police Chief and the location be designated as no response for alarms unless secondary verification is received. 8. 02. 121.( 4) Violations, Fire Department Responses. If the fire department issues a false alarm report and citation, the user shall be fined, per false alarm, as follows:as set forth in the City' s Comprehensive Fee Schedule. no charge. b. For the second violation within any t - - fine is fifty dollars ($ 50. 00). fine is one hundred dollars ($ 100. 00). d. For the fourth and each subsequent violation within any twelve 12) month period, the fine may be up to five hundred dollars ($ 500. 00) per false alarms, compliance with this ordinance, and efforts to remedy the cause of the false alarms. 2)( 5) If any false alarm is the result of any fire alarm contractor, sprinkler contractor, employee of such contractors, or entity licensed to perform maintenance or testing of an alarm system who has not provided maintenance and testing notice as 03( 8), the contractor or entity shall be fined, per false alarm, as required in section 8. 02. folllews: as set forth in the City' s Comprehensive Fee Schedule. a. For the first violation within any twelve ( 12) month period, the fine is one hundred dollars ($ 100. 00). b. For the second violation within any twelve ( 12) month period, the fine is two hundred dollars ($ 200.00). fine is three hundred dollars ($ 300. 00) per violation. d. For the fourth and each subsequent violation within any twelve remedy the cause of the false alarms.  8. 02. 125.( 6) User Responsibility of Proof The burden of proof shall be with the r 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 ensure proper operation of the alarm system, the proper maintenance of the system, and the overall operations of the alarm system. User may contest a civil penalty assessed under this Section by showing that the false alarm resulted from an alarm monitoring company' s failure to comply with the verification requirements of F. S. § 489. 529. The alarm user bears the burden of providing this evidence, which may include monitoring records, call logs, or other documentation from the alarm monitoring company. If the alarm user makes this showing, the civil penalty shall be issued to the alarm monitoring company in lieu of the alarm user. 8. 02. 126.( 7) Continuous Malfunctions. 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 charges, renewal of the alarm permit, and repairs and certified by a 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 " nonresponse" order. 8) For any other violation of this Section not otherwise addressed, the fine shall be as set forth in the City's Comprehensive Fee Schedule as other violations, 9) If a hearing is not requested, or an assessed civil penalty is not paid, the City may seek injunctive relief to enjoin and restrain any person from violating this Section, and any other relief available at law. The Board of Adjustment Sp ' 1 M gistrate shall hear, pursuant to the rules and imposed by the Police Department or Fire Department pursuant to this chapter. 8. 02. 4305. Citation Appeals. The Board of Adjustment- Special Magistrate shall hear, all appeals regarding fines imposed by the Police Department or Fire Department pursuant to this chapter. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. CODIFICATION. It is the intention of the