HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0341
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Introduced by:
Temp. #728
Rev. 12/ 4/80 12/15/80
5/26/80 6/ 2/81
9/14/81 10/1/81
10/28/81 11/17/81
11/30/81 12/21/81
4/1/82 4/7/82
CITY OF TAMARAC, FLORIDA 4/14/82
4/28/82
ORDINANCE N0.—��-�
AN ORDINANCE REGULATING BURGLAR ALARM USERS; PROVIDING
DEFINITIONS; PROHIBITING CERTAIN TYPES OF ALARM DEVICES;
PROVIDING FOR REMOVAL OF CERTAIN UNLAWFUL SYSTEMS;
PROVIDING ALARM OPERATING STANDARDS; PROHIBITING
INTENTIONAL ACTIVATION OF ALARMS EXCEPT UNDER SPECIFIED
CIRCUMSTANCES; SETTING FORTH PROCEDURE FOR HANDLING
FALSE ALARMS AND FINES THEREFOR; PROVIDING PROCEDURE FOR
APPEAL FROM ASSESSMENT OF FINES AND CREATING A BURGLAR
ALARM COMMITEE: SETTING FORTH PENALTIES; RATIFYING PRIOR
ACTIONS OF BURGLAR ALARM COMMITTEE AND EXCUSING CERTAIN
MONIES DUE FOR FALSE ALARMS PRIOR TO DUNE 1ST, 1978;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION
WITHIN CHAPTER 14 OF THE TAMARAC CITY CODE; REPEALING
SECTIONS 14-59 THROUGH 14-71 OF THE TAMARAC CITY CODE
PERTAINING TO FALSE ALARMS BUT FURTHER PROVIDING THAT
PENALTIES INCURRED UNDER SAID SECTIONS SHALL NOT BE
AFFECTED BY REPEAL; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1:---- DEFINITIONS
1. "ALARM SYSTEM" means any mechanical or electrical device, sold
or installed, which is designed or used for the detection of an unauthorized
entry into a building, structure, facility. or enclosed area, or for alerting
others of the commission of an unlawful act within a building, structure,
facility or enclosed area, and which emits a sound or transmits a signal or
message when activated. "Alarm Systems" include but are not limited to:
telephone alarm devices, audible alarms and proprietary alarms. Excluded
from the definition of "Alarm Systems" are devices which are not designed or
used to register alarms that are audible, visible, or perceptible outside of
the protected building, structure, facility or enclosed area; or auxiliary
devices installed by telephone companies to protect telephone systems from
damage or disruption of service.
2. "AUDIBLE ALARM" means a device designed for the detection of
unauthorized entry on premises which generates an audible sound when it is
activated.
3. "CITY" means City of Tamarac, Florida.
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4. "ALARM SIGNAL" means an audible sound, or a transmission of a
signal or a message, as the result of the activation of an alarm system.
5. "FALSE ALARM" means the activation of an alarm system through
mechanical failure, malfunction, improper installation, or the negligence of
the owner or lessee of an alarm system or of his employees or agents. Such
terminology does not include, for example, alarms caused by hurricanes,
tornadoes, earthquakes or other violent conditions. There is a presumption
of a false alarm created when an alarm is investigated by a certified police
officer and there is no sign of an unauthorized attempted entry evident to
the officer.
6. "NOTICE" unless otherwise specified, means written notice,
given either by first class mail or personal service upon the addressee.
There is hereby created a presumption of receipt within three (3) days of
posting.
7. "PERSON" means any natural person or individual, or any firm,
partnership, association, limited partnership, sole proprietorship or
corporation or any business entity, whatsoever.
8. "LAW ENFORCEMENT OFFICER" means the Police Chief or any person
employed by and serving under the direction of the Police Chief.
9. "TELEPHONE ALARM DEVICE" means any device which, when
activated, automatically transmits by telephone line a recorded alarm
message or electronic mechanical alarm signal to any telephone instrument
installed at the office of the Law Enforcement Officer.
10. "ALARM USER" means any person on whose premises an alarm system
is maintained within the city except for alarm systems on motor vehicles or
27 proprietary systems. If, however, an alarm system on a motor vehicle is
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connected with an alarm system at a premises (other than a proprietary
29 system) the person using such system is an alarm user. Users of a
#11.
"proprietary
system"
herein
defined and
excluded
from the coverage
of this
ordinance are
persons
who
use alarm
systems
to alert or signal
persons
within the premises in which the alarm system is located, of an attempted
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unauthorized intrusion or holdup attempt.
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11. "ALARM BUSINESS" means any business operated by a person for a
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profit which engages in the activity of altering, installing, leasing,
maintaining, repairing, replacing, selling, servicing, or responding to a
burglar alarm system, or which causes any of these activities to take
place.
12. "COMPANY'S COMPETENCY QUALIFIER" means that person holding a
Broward County Certificate of Competency in the area of Burglar Alarm
installation.
SECTION 2: APPLICATION FOR LICENSE BY ALARM BUSINESS
1. Any person engaging in an alarm system business in the city
shall, within thirty (30) days after the effective date of this ordinance,
and any person seeking to engage in an alarm system business shall, as a
prerequisite to the issuance of a license, apply to the Law Enforcement
Officer for a license to operate.
2. Businesses which sell only those alarm systems excluded from
the definition of alarm systems in Section 1(1) of this ordinance are not
required to obtain a license under this Section.
3. The Application shall be signed by the individual proprietor of
such business, or by a partner, or by the proper corporate official and the
company's competency qualifier, and the application shall be notarized and
shall include:
(a) The name, address, and telephone number of the alarm
business, and the type of business organization it is (individual,
partnership or corporation). If the business is an individual
proprietorship, the name, address and telephone number of the owner; if a
partnership, the name, address and telephone number of each partner
(general, limited, silent, etc.); if a corporation, the names and addresses
of the directors, principal officers and stockholders (any stockholder
holding more than 20 percent of the corporation's authorized and issued
stock), and the state where incorporated.
(b) Certification that within ninety (90) days after the
effective date of this ordinance or upon receipt of notice of approval of a
license application, whichever date occurs later, a complete list of the
names and addresses of all persons in the city to whom or for whom alarm
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systems have been sold or who are currently under contract to the alarm
business for services on or after the effective date of this ordinance shall
be maintained for inspection by the Law Enforcement Officer during the
course of his official business. This list shall be updated by the alarm
business every six months, by February 1 and August 1, and failure to submit
a list to the Law Enforcement Officer shall, in addition to any other remedy
available -for failure to comply with this ordinance:
(i) preclude renewal of any license by city; and
(ii) shall be deemed a violation of this ordinance; and
(i i i ) may cause initiation of action by the city to revoke any
existing license.
c. A complete list of criminal convictions, if any, except for
minor traffic offenses, of the applicant, or a list of criminal convictions,
if any, except for minor traffic offenses, of each partner, officer, or
local office manager and of all field employees. Criminal convictions
wherein full civil rights have not been restored on the part of any owner,
partner, director or shareholder shall be grounds for automatic denial of an
application.
d. A statement that the applicant will inform the Law
Enforcement Officer within ten (10) days after any substantial change in any
of the information required by Section 2 of this Ordinance.
4. Licenses may be obtained at no cost and shall be valid for the
period January 1 through December 31. Application for license renewal must
be made every year, 45 days prior to the expiration of the current license.
Failure to obtain a license prior to commencing work, or to make timely
application for renewal, shall be a basis for Building Department suspension
of all permits held by applicant and for no additional permits to be issued
until a license is obtained or renewed. Failure to obtain a license or
renewed license before commencing any installations shall subject the
applicant to an administrative penalty of $50.00 which must be paid prior to
issuance of any permits. This administrative penalty is in addition to all
other penalties which may be imposed for violation of this ordinance.
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5. Any installation or servicing of a burglar alarm system shall be
performed by or under the supervision of the company's competency qualifier.
To acquire a license the company's competency qualifier shall be required
to (1) show evidence of a Broward County Certificate of Competency in the
area of burglar alarm installation; (2) may not have been convicted of any
crime for which full civil rights have not been restored; (3) provide full
name and any aliases or other names previously used; (4) provide two recent
photographs of a type prescribed by the Law Enforcement Officer; (5) provide
his employment record for the past three (3) years; and (6) provide any
other information deemed necessary by the Law Enforcement Officer. Any
alarm user business which loses its competency qualifier and continues to do
business shall be guilty of a violation of this ordinance.
6. Companies already licensed and doing business in the City on the
effective date of this ordinance may continue to do business under existing
licenses, but must obtain a new license within ninety (90) days of the
enactment of this ordinance. An applicant not previously licensed in the
city on the effective date of this ordinance shall not commence or continue
doing business until his application is approved.
7. Every person licensed pursuant to this Section and every person
actually engaged in the installation or servicing of alarm systems in the
City of Tamarac shall be required to comply with the provisions of this
Section and shall be required to register with the Police Department and
shall be fingerprinted and photographed. Such person registered under this
Section shall be issued an identification card containing the photograph and
thumbprint of such person as well as his/her name and place of employment,
Failure to carry such identification or to display the same upon request of
any person while in the City limits shall constitute a violation of this
ordinance. The City shall be reimbursed its costs for processing each
application for an identification card. The reimbursement charge to be set
by Resolution of the City Council.
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SECTION 3: ACTION ON BUSINESS LICENSE APPLICATIONS
1. The Law Enforcement Officer shall cause a report on the
applicant for an alarm business license to be prepared based on the
information contained in the application together with such other relevant
information as may be obtained pertaining to the applicant and his
business.
2. On the basis of this report, the Law Enforcement Officer shall,
within sixty (60) days after the receipt of an application for an alarm
business license, either approve or deny the issuance of a license. Upon
making a decision:
(a) In the case of approval, the Law Enforcement Officer shall
notify the applicant, in writing, of the approval and inform him that upon
presentation of the writing by the applicant or his designated
representative to the (Finance Department) (City Clerk) (Police Department),
and the payment of any required fee, the applicant will be issued a license
to operate.
(b) In the case of denial, the Law Enforcement Officer shall
notify the applicant, in writing, of the denial and of the basis for the
denial, which may be nonconformance with any part of this ordinance. If the
basis for the denial can be corrected, the writing shall so state and shall
explain how these corrections may be made and set a reasonable time limit
for making such corrections. The notice of denial shall inform the
applicant that he may appeal the denial and set forth the procedure for
appeal. The procedure for appeal shall be as follows:
(1) Within ten (10) days after receipt of the notice of
denial, the applicant may file a notice of appeal with the City Manager
addressed to the City Council and stating the basis of the appeal.
(2) Within ten (10) days after receipt of the notice of
appeal, the City Manager or his designated representative, shall arrange for
a conference with the applicant and the Law Enforcement Officer to attempt
to reach an agreement concerning the appeal.
(3) If the conference fails to settle the matter in a way
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acceptable to the applicant, arrangements shall be made to have the appeal
heard before the Council (at a regular or at a special meeting). Such
hearing shall be held within twenty (20) days after the conference. The
City Manager shall cause the applicant to be given notice of the hearing by
certified mail, return receipt requested, or by personal service at least
seven (7) days in advance of the date of the hearing. Notice of such
hearing shall also be posted as part of the Council's agenda for that
meeting. The applicant may appear before the Council and the applicant or
his designated representative may make an oral presentation of his appeal,
or he may make the appeal through a written statement, or he may do both.
The Council, after hearing the applicant's appeal, shall rule on the appeal
at the hearing or at the next regular Council meeting, and such ruling shall
be final.
SECTION 4: ALARM BUSINESS LICENSE
1. Any alarm business wishing to do business in the City shall be
licensed by the City of Tamarac. Further, any applicable occupational
license fees shall be paid.
2. No refunds of applicable occupational license fees shall be
made.
SECTION 5: REVOCATION OF ALARM BUSINESS LICENSE
1. A. In addition to any penalties which may be imposed for the
violation of certain provisions of this ordinance, the city may, pursuant to
the provisions of this Section, revoke the license of an alarm business or
take disciplinary action other than revocation on any of the following
grounds:
(1) Fraud or willful and knowing misrepresentation or false
statement made in an application for a license.
(2) Fraud or willful and knowing misrepresentation or false
statement made in the conduct of an alarm business.
(3) Failure to correct any deficiencies in leased or rented
equipment within thirty (30) days after receipt of notice of same from the
Law Enforcement Officer, or within a reasonable time if the deficiencies
cannot be corrected within the said thirty (30) days.
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. (4) Failure to comply within a reasonable time with any
order or notice issued by the Law Enforcement Officer after the licensee's
rights to hearing and appeal have been exhausted or failure after reasonable
notice to permit the Law Enforcement Officer to inspect any lists which he
is authorized to inspect under this ordinance, or failure to comply with the
standards imposed by this ordinance within a reasonable time, not less than
thirty (30) days, after notice or order from the Law Enforcement Officer.
(5) Failure to provide the Law Enforcement Officer with
notices of changes of ownership within ten (10) days of the change.
(6) Failure to provide the Law Enforcement Officer with
current lists of customers as required by this ordinance.
(7) Conviction of a crime by any owner, partner or
corporate officer other than a traffic offense.
(8) Repeated false alarms due to equipment failure on
systems which the alarm business has inspected and certified.
2. No alarm business license shall be revoked, or other
disciplinary action taken, until a hearing is held by the Law Enforcement
Officer. Written notice of the time and place of the hearing shall be
served on the holder of the license at least ten (10 ) working days before
the date set for the hearing. The notice shall set forth a summary of the
grounds advanced as the basis for the revocation of the license.
3. At the hearing before the Law Enforcement Officer, the holder of
the license or his authorized representative, shall be given an opportunity
to confront and examine any adverse witness, and to present evidence on his
own behalf. Within ten (10) working days after the hearing, the Law
Enforcement Officer shall either dismiss the complaint or shall forward the
complaint to the City Manager with his recommendation that the license be
revoked or other disciplinary action taken. Within ten (10) working days
after receiving such recommendation, the City Manager shall approve or
disapprove the recommendation.
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In either event, the city manager shall cause the holder of the license to be
given notice in writing of his decision within ten (10) working days.
4. Any person or company whose license is revoked or has other
disciplinary action taken against it pursuant to paragraph 3 of this Section
shall have the right, within ten (10) working days after receiving notice in
writing of the revocation from the city manager, of filing a written appeal
with the council. Such appeal shall set forth in detail the specific
ground or grounds on which it is based. The council shall hold a
hearing on the appeal within thirty (30) calendar days after its receipt by
the city (at a regular or special council meeting), and shall cause the
appellant to be given at least ten (10) working days written notice of
such hearing. At the hearing the appellant or his authorized representative
shall have the right to present a written or oral argument, or both, in
support of his appeal. The determination of the council on the appeal
shall be final.
5. Within ten working (10) days after an alarm business receives
notice of revocation of its license or other disciplinary action, or after
it has exhausted all appeals with respect to such revocation, it shall notify
all persons for whom it is required to maintain a list pursuant to Section
2 l(b) of this ordinance of such revocation, and the notice shall advise such
Persons that the alarm business must cease providing service for or selling
burglar alarm systems to such persons within thirty (30) calendar
days after they receive notice of revocation.
When the notice required by this paragraph has been completed the alarm
business shall submit a sworn certificate to the Law Enforcement Officer
that it has met the requirements of this paragraph. If the alarm business
fails to notify its listed customers the city shall do so, deducting the
cost from the $150.00 cash bond.
A. Each alarm business licensee shall, prior to being
issued an alarm business license, post a cash bond in the amount of
$150.00 to be forfeited to the city in the event of failure to comply
with the provisions of this ordinance.
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SECTION 6: ALARM USER PERMITS
1. PERMIT
Before placing a system into operation, every alarm user shall
obtain from the Law Enforcement Officer an alarm user permit for each alarm
system he operates within the city. Permits issued prior to the effective
date of this ordinance shall remain in effect until their expiration date.
This paragraph does not require that an alarm business obtain a user permit
under this Section when it leases or provides service to alarm system users.
If an alarm business does, however, use an alarm system to protect its own
premises, it shall obtain a permit for such system as required in this
Section 6-1.
If a permit is not renewed for any reason, it is a violation of
this ordinance to continue to operate an alarm system.
All alarm businesses installing, leasing or maintaining alarm
systems in the city shall, no later than the time of installation, furnish
written notice to all persons and businesses for whom an alarm is installed
or maintained by it of the existence of these regulations and of the
requirement for registration. However, failure to receive this notice shall
not excuse an alarm user from any provision of this ordinance.
ALARM USER PERMIT APPLICATION
(a) The alarm user applying for the permit required in
paragraph 1 of this Section, shall state on a permit application form in
essentially the same form as set forth below, his name, the address of the
residence or business or businesses in or upon which the alarm system has
been or will be installed, his telephone number, the alarm business or
businesses selling, installing, monitoring, inspecting and maintaining
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the alarm system, and the name and telephone number of at least one other
person (in the case of a nonresidential alarm user applicant, at least two
persons) who can be reached at any time, day or night, and who is authorized
to respond to an alarm signal and who may enter the premises in which the
alarm system is installed. The alarm user must authorize the Law
Enforcement Officer to contact the alarm business designated by the user in
the event of chargeable false alarms for that company to make an inspection
of the alarm system at the expense of the user.
(b) Any alarm user who personally installs a system shall
submit with the application a certificate on a form furnished by the Law
Enforcement Officer from a Broward County competency licensed alarm business
stating that in the opinion of such licensed alarm business the alarm system
has been properly installed and is operating properly and in accordance with
all standards set forth in this ordinance. This certificate shall satisfy
the requirements of paragraph 4 of this Section for the year in which the
alarm permit is first obtained.
3. Alarm User Permit Fee
(a) Annual alarm user permit fees shall be set by Resolution
of the City Council. Fees shall not be prorated for a part of the year.
Fees shall be set on a calendar year basis.
(b) Every user permit which is not renewed by February 15 of
each year shall subject the user to an additional fee to beset by
Resolution of the City Council.
(c) Every new user who does not obtain a permit within ten
days of the date of installation of his alarm system shall be subject to an
additional fee to be set by Resolution of the City Council. The new user
must demonstrate to the city the date the system was installed and failure
to do so shall subject the new user to the additional fee.
4. Every alarm user licensed under this Section shall be required
to have the alarm system inspected at least once every five (5) years by an
alarm business licensed by Broward County. All nonresidential users shall
33 post a certificate of such inspection on the premises where the alarm system
34
is maintained. The certificate shall state that in the opinion of the alarm
35 business the alarm system complies with the applicable provisions of this
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11.
1.
2 ordinance, and the alarm system has been installed and maintained in a
3 workmanlike manner and shall be on a form prescribed by the Law Enforcement
4 Officer. Failure to demonstrate proof of inspection to the Law Enforcement
5 JOfficer shall
be
cause for
the Law Enforcement
Officer not to
renew the
alarm
user permit
until
condition
has been corrected
and until such
proof has
been
provided.
B 5.- An applicant for an alarm user permit may file a written request
with the Law Enforcement Officer requesting that he temporarily waive the
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requirements of Section 2, subparagraphs 2(b), of this section, in circumstances
in which the public's safety,'health or welfare is involved.
6. The information contained in an alarm user permit application
required by this section and other information received by the Law Enforcement
Officer through correspondence or communications with an alarm user shall be as
securely maintained as is permitted by law.
7. Any alarm system user who operates an alarm system without first
obtaining a permit as required by this section, or who, after having a permit
revoked, or suspended, and after exhausting his rights to hearing and appeal
fails to disconnect his alarm system, shall be in violation of this ordinance.
8. Alarm permits are valid for one calendar year. As a prerequisite
to each renewal all information required in subparagraph 2(a) and a copy of the
latest certificate of inspection required by subparagraph 4 above must be
resubmitted to the Law Enforcement Officer. This will enable the City to
maintain up to date records.
SECTION 7: PROHIBITION OF CERTAIN ALARM DEVICES
Except for telephone alarm devices utilized by governmental units or
agencies, or, with the express written consent of a law enforement agency, it is
a violation of this ordinance for any person, as defined in this ordinance, to
install, maintain, operate or use any telephone alarm device regulated or
programmed to make connection with any telephone installed in any facility of
-.'any law enforcement office. Telephone alarm devices are permitted when not
32 connected directly to a law enforcement office, but they are subject to all
33 other provisions of this ordinance. Use of vibrator type sensors on glass
34 doors, windows or skylights, which may be triggered by thunder or lightning is
35 prohibited on new or replacement work after the effective date of this
36 ordinance.
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SECTION 8: REMOVAL OF UNLAWFUL SYSTEMS
The Law Enforcement Officer, when he has probable cause to believe that
there has been a violation of this ordinance, which violations shall include,
without limitation, operation of an alarm system without proper licenses or
permits, failure to obtain necessary inspections, and failure to take corrective
actions after a false alarm, shall order the owner, operator or lessee to
disconnect and cease operation of the system within seventy-two (72) hours of
receipt of the order. Notice shall be by personal service or
by first class mail. Disconnection shall be in addition to other remedies set
forth in this ordinance. Failure to disconnect a system after receipt of an
order to do so shall be a separate violation of this Ordinance.
Any prohibited telephone alarm device installed prior to the effective
date of this ordinance shall be removed by the user of the system within thirty
(30) days of the effective date.
13.
F
ALARM OPERATING STANDARDS
2 SECTION 9:
3 1. a. it is further a violation of this ordinance to maintain any
d alarm system or audible alarm that does not deactivate within thirty (30)
minutes of its activation.
b. With reporting systems, the alarm system shall have a minimum
7 of thirty (30) seconds delay before the alarm reporting device is activated,
8 except for panic or emergency alarms.
g
For the first violation under this section, the Law Enforcement Officer
10 shall notify the alarm user in writing, by first class mail, that he is in
11 violation of this ordinance. Upon the second and each subsequent occasion
12 within six months of violation of this section, the owner shall in addition to
13
penalties established for violation of an ordinance submit to the Law
14 Enforcement Officer within seventy-two (72) hours of notification of a
15 violation, evidence that he has taken the necessary steps to correct his system
16 so that it will comply with this ordinance. Upon failure to comply with an
order to show corrections, the Law Enforcement Officer may, in addition to other
_a
remedies available for violation of this ordinance, order the user of the system
19 to disconnect the alarm system.
20 2. Audible alarm systems shall not sound during the interval between
the entry of an authorized person and the turning off of the system.
' 21 .
22 3•' Systems using a digital communicator reaching the Police Department
23 via a telephone line must have an isolation means to permit connecting the
digital communicator to the telephone line only during alarm condition.
4. If Panic or Emergency switches are used, they must be of the
25
25 recessed button type and must require 2 buttons to be pressed at the same time
26
27 to be activated.
28 5. Systems shall not cause a false alarm to be sounded because of a
7- .power line failure of less than 4 hours duration.
SECTION 10: INTANCRIQMELISCNOTABEOINGOPERPE RATEDALARMS OHIDITED IF
It is a violation of this ordinance for any person to intentionally
32
activate any alarm system or audible alarm except in the event of an actual or
33 periodically
attempted felony, misdemeanor, fire or medical emergency, o G to p y
34
test the alarm equipment, provided that advance notice has been given to the Law
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Enforcement department in the city.
SECTION 11: FALSE ALARMS
For a police response to any false alarm as the result of the
activation of any alarm system or audible alarm, the following user charges
and procedures shall apply.
1. For a response to premises at which no other false alarm has
occurred within the preceding six (6) months, no user charge shall be
assessed; but the person having or maintaining the al.arm system or audible
alarm shall within three (3) working days after receipt of notice to do so,
complete and submit a written report to the Law Enforcement Officer on forms
prescribed by the Law Enforcement Officer, setting forth the cause of the
false alarm, if known; the corrective action taken; whether the alarm system
has been inspected by a licensed alarm service company and such other
information as the Law Enforcement Officer may reasonably require to
determine the cause of such false alarm and the necessary corrective action
taken.
2. No user charge for a second response to premises within six (6)
months after a first response shall be assessed; but for the second response
and all subsequent responses a written report shall be required and, in
addition, the Law Enforcement Officer shall be authorized to take action to
cause the alarm system at the premises to be inspected during reasonable
hours by an independent alarm service company or a duly authorized agent of
the law enforcement office with a written report furnished to the Law
Enforcement Officer by the inspector within seventy-two (72) hours of the
inspection. The Law Enforcement Officer shall give notice to the person
having or maintaining the alarm system of the conditions and requirements of
this ordinance. All costs of such inspections, including the alarm service
company's fee, shall be paid by the person who owns or maintains the alarm
system or audible alarm, as the case may be.
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3. For a third response to premises within six (6) months after a
second response, and for all succeeding responses within six (6) months of the
most recent response, a user charge of fifty dollars ($50.00) shall be
assessed. If the third false alarm or any succeeding false alarm has resulted
from the failure to take any corrective action after notice by the Law
Enforcement Officer pursuant to the provisions of this Ordinance, the Law
Enforcement Officer may, by personal sere ice uF I -- - - ! - -- --
weitten notice upon the person owning or maintaining such alarm system or
audible alarm to disconnect such alarm system or audible alarm, and it shall
be unlawful to reconnect said alarm system or audible alarm until the
requirements of this ordinance have been met; provided, however, that no alarm
system or audible alarm is situated in any premises required by law to have
such alarm system or audible alarm in operation.
4. Inspection Reports.
Inspection reports shall be in the form attached hereto as
amended from time to time by the Law Enforcement Officer. If the Alarm
Company files an inspection report WITHOUT certification the owner shall be
summoned to appear before the Law Enforcement Officer or his designated agent,
to explain what steps he is taking to avoid future false alarms. If the Law
Enforcement Officer is not satisfied he may direct the owner to take such
steps as he deems necessary to prevent further false alarms, including but not
limited to disconnection of the system from the board in the police
department.
5. An alarm system that has been ordered by the Law Enforcement
Officer to be disconnected, may be reconnected upon satisfactory proof
submitted to the Law Enforcement Officer that the prescribed corrective action
has been taken.
6. Notice of a false alarm shal 1 be either by personal service or by
first class mail.
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7. Appeals of a decision of the Law Enforcement Officer alleging
the existence .of a false alarm shall be in writing and shall be received by
the Law Enforcement Officer within fourteen (14) calendar days of the date
of mailing a notice of violation. Failure to request a hearing within the
time frame set forth in this paragraph shall be deemed a waiver of the right
to a hearing.
8. Appeals from Charges of False Alarms - Burglar Alarm Review
Committee.
There is hereby created a Burglar Alarm Review Committee
hereinafter referred to as Committee which shall be composed of the
following:
a.
Not less than four members of the public appointed by the City
13
14
Council who
shall serve at the pleasure of the City
Council.
b.
One Councilmember selected by the City
Council.
15
c.
The Police Chief or his designated
representative shall be
present at
all meetings of this Committee.
$
Each member of the Committee shall be
entitled to one vote.
19
d.
The duties of the Committee are to:
(1) Provide recommendations to the
City Council , in writing,
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21
concerning
suggested modifications to applicable
regulations pertaining to
22
alarm systems.
(2) Consider appeals from alarm users who state that there has
been
an error in a false
alarm being charged to them.
e. Notice of
a hearing shall be mailed by first class mail at
25
least
ten (10) working
days before the hearing to any alarm user who has
26
requested
a hearing in
writing. All hearings shall be informal with the
27
City's
case presented by
the Law Enforcement Officer or counsel. The alarm
28
user
may represent himself
or be represented by counsel. The Committee
shall
decide within ten
(10) working days of the hearing. This time period
may
be extended upon
the agreement of both the alarm user and the
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Committee.
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Decisions of the
Committee shall be final.
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9. If the Alarm User has signed a statement holding the City
harmless, in the form prescribed by the City Attorney, the Law Enforcement
Officer shall accept a telephone cancellation of an alarm. Providing such a
cancellation occurs before an investigating officer is dispatched to the
scene, the alarm shall not be counted as a false alarm, but there may be a
penalty set by resolution.
All meetings of this Committee shall be open to the public.
SECTION 12: APPLICATION
This ordinance applies throughout the City of Tamarac.
SECTION 13: PENALTIES
Anyone violating any provisions of this ordinance shall be subject
to a penalty of not less than $50.00 for each violation unless otherwise
provided for within this ordinance.
If payment by an alarm user is not made within thirty (30) days of
date of notice thereof the alarm system shall be disconnected.
SECTION 14: DECODER BOARD (RECEIVERS)
The City may make space available for receivers to be monitored by
City. Said receivers shall have a switch to deactivate all audible
signals.Any space made available for boards shall be on a first come first
served basis and the amount of space both for individual boards and overall
space may be limited by the City Manager. Each board operator must make
service available up to its board's maximum capacity to any resident of
Tamarac desiring to be connected to said board who pays all applicable
fees.The City shall not be responsible for maintenance of any board. Each
owner or operator of a board must provide to the City evidence that it is
insured for at least $500,000 for malfunctions to the board.
The City may charge an- administrative fee which may be set by
Resolution.
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SECTION 15: PRIOR ACTIONS RATIFIED
All actions of the ad hoc burglar alarm committee excusing or not
excusing false alarms are hereby ratified. All monies due for false alarms
prior to June 1, 1978 are hereby excused.
SECTION 16: CODIFICATION
Specific authority is hereby granted to codify this ordinance
within Chapter 14 of the City Code.
SECTION 17: REPEALER
Al ordinances or parts or ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 18: SEVERABILITY
Should any section or provision of this Ordinance or any portion
thereof, or any paragraph, sentence or word be declared by a Court of
competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or any part hereof, other than
the part declared to be invalid.
SECTION 19: EFFECTIVE DATE
This Ordinance shall become effective immediately upon its final
passage.
251
PASSED FIRST READING this -A day of 1982.
PASSED SECOND READING thi say of 1982.
ATTEST:
CITY CLERK/
I HEREBY CERTIFY that I have
approved the form and correctness
19.
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
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11NO 11
Page
1,
Section
1
DEFINITIONS
Page
3,
Section
2
APPLICATION FOR LICENSE BY ALARM BUSINESS
Page
3,
Section
2-3b
LIST OF CUSTOMERS
Page
4,
Section
2-3c
LIST OF CRIMINAL CONVICTIONS
Page
5,
Section
2-5
LICENSE FOR COMPANY'S COMPETENCY QUALIFIER
Page
5,
Section
2-7
I.D. CARDS FOR INSTALLERS/SERVICEMEN
Page
6,
Section
3
ACTION ON BUSINESS LICENSE APPLICATIONS
Page
7,
Section
4
ALARM BUSINESS LICENSE
Page
7,
Section
5
REVOCATION OF ALARM BUSINESS LICENSE
Page
10,
Section
6
ALARM USER PERMITS
Page
12,
Section
7
PROHIBITION OF CERTAIN ALARM DEVICES
Page
13,
Section
8
REMOVAL OF UNLAWFUL SYSTEMS
Page
14,
Section
9
ALARM OPERATING STANDARDS
Page
14,
Section
10
INTENTIONAL ACTIVATION OF ALARMS PROHIBITED
IF A CRIME IS NOT BEING PERPETRATED
Page
15,
Section
11
FALSE ALARMS
1. First False Alarm
2. Second False Alarm
Page
16,
3. Third False Alarm
4. Inspection Reports
5. Restoring Disconnected System
6. Notice of False Alarm
Page
17,
7. Appeals, Time Limit
8. Burglar Alarm Review Committee
Page
18,
Section
12
APPLICATION
Page
18,
Section
13
PENALTIES
Page
18,
Section
14
DECODER BOARD (RECEIVERS)
Page
19,
Section
15
PRIOR ACTIONS RATIFIED
Page
19,
Section
16
CODIFICATION
Page
19,
Section
17
REPEALER
Page
19,
Section
18
SEVERABILITY
Page
19,
Section
19
EFFECTIVE DATE
Attached
are copies
of "BURGLAR ALARM SYSTEM INSPECTION REPORT, WITH
CERTIFICATION AND
WITHOUT
CERTIFICATION", ALARM USER PERMIT APPLICATION,
VIOLATION
NOTICE,
AND ALARM BUSINESS LICENSE APPLICATION.
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BURGLAR ALARM SYSTEM INSPECTION REPORT
WITH CERTIFICATION
(Date)
(Name of Mrm ServiceCompany)
(Address of ServiceCompany)
(Telephone arm Co. License
We have this day inspected the burglar alarm system of
located at
(Owners name
(Owners address)
We find this system to be in good operating order, and to be in compliance
with Tamarac Ordinance No. , as amended
I understand that repeated false alarms due to system defects on systems which
I have inspected and certified may be cause for suspension or revocation of my
Alarm Business License.
Signed
The false alarm was caused by
Corrective action taken
1 Copy for Police Department, One for Owner, and one for Alarm Company
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2(
2i
2!
2!
TECHNICAL DATA
SYSTEM
Audible Device: Bell; Siren;
Other
Calls Reported to: = Police Dept.; r-1 Central Agency; "Not tied in
Othe r
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POWER SUPPLY
A.C. Only: J_._,. Dry Cell Stand By Batteries
Rechargeable Stand By Batteries
In your opinion, will the power supply maintain the system for four (4) hours
in the event of a power failure WITHOUT CAUSING A FALSE ALARM? [--]Yes LVNo
LIGHTNING PROTECTION
Has REASONABLE protection been provided to,prevent a FALSE ALARM caused by
lightning? Yes: ` No .
How?
COMMENTS
(PINK PAPER)
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BURGLAR ALARM SYSTEM INSPECTION REPORT
WITHOUT CERTIFICATION
���
(Name of Alarm ServiceCompany)
(Address of Service ompany
(Telephone arm Co. License
We have this day inspected the burglar alarm system of
located at
(Owners name
(Owners address)
The apparent cause of the false alarm was
We have performed the following repairs to the system
(If not repaired, state NONE above)
We cannot certify the system because
SIGNED
1 Copy forPolice Department, One for Owner, and one for Alarm Company
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(PINK PAPER)
TECHNICAL DATA
SYSTEM
Audible Device: Bell; rW---; Siren;
Other
Calls Reported to: = Police Dept.; i Central Agency; �� Not tied in
= Other
POWER SUPPLY
A.C. Only: = Dry Cell Stand By Batteries
Rechargeable Stand By Batteries
In your opinion, will the power supply maintain the system for four (4) hours
in the event of a power failure WITHOUT CAUSING A FALSE ALARM? 47 Yes 1-]7 No
LIGHTNING PROTECTION
Has REASONABLE protection been provided to prevent a FALSE ALARM caused by
lightning? �� Yes: I No.
How?
COMMENTS
ALARM USER PERMIT APPLICATION
2
3;
4
7 Tadress
8 � ,
yrTelephone
NO PERMIT MAY BE ISSUED UNTIL ALL INFORMATION IS PROVIDED!
Name
11 Type of System ( Make o elocal , direct
connect, central station, etc.)
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13
Name of Business selling alarm system
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15
Name of Business installing alarm system
ry
Name and telephone number of alarm business(es)
18 maintaining, inspecting or monitoring alarm system
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20 Name antelephone num era person (if nonresidential, 2 persons)
who can be reached at any time, day or
21 night, who is authorized to respond to
an alarm signal and who may enter the
22 premises in which the alarm system is
installed.
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pp scant
25 In the event of chargeable false alarms, I hereby authorize the Law
26 Enforcement Officer to contact alarm
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( name of alarm company)
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company and request it to inspect my burglar alarm system. I agree to be
responsible for all inspection charges.
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32 Applicant
Th i s day o f 19
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VIOLATION NOTICE
You are hereby notified that you have violated Section of
the Tamarac City Code which prohibits certain false alarms. This is your
chargeable code violation. Previous chargeable violation(s)
occurred on (dates).
Violations of the terms of the City of Tamarac regulations may
cause your alarm system to be disconnected, and may subject you to a
penalty.
Within three (3) days of receipt of this notice you are
required to submit a written report setting forth the cause of the false
alarm if known, the corrective action taken, and whether the alarm system
has been inspected by an alarm service company.
As this is the false alarm over a six month period, you
are subject to a user charge of fifty ($50.00) dollars.
As there has been more than one (1) false alarm within the past
six (6) months, your alarm system shall be inspected at your expense by an
independent alarm service company and a report shall be submitted forthwith
to the Law Enforcement Officer.
You may request a review of this decision by the Burglar Alarm
Committee within 14 days of the date of this Notice.
Law Enforcement Officer
This day of , 19
APPLICATION FOR ALARM BUSINESS LICENSE
The undersigned hereby applies for a license to operate an alarm business as
required by Section of the Tamarac City Code.
Name
Address
Telephone
CHECK ONE
Sole proprietorship , partnership , corporation
If sole proprietorship
Owner
Rome Address
e ep one
' If partnership fill in for each partner - general, silent. limited.
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21 ParfFer
22
Home Address
e ep one
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If a corporation, for each director and for each stockholder holding more then
28
20% of authorized and issued stock:
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Name
33 Address
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35 Telephone
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State of Incorporation
Is corporation authorized to do business in Florida?
Is corporation in good standing?
List all criminal convictions of each owner, partner, director or stockholder
(minor traffic offenses excepted)
The Law Enforcement Officer shall be notified of any change to any statement
contained in this application within ten days of said change.
List all jurisdictions in Broward County where applicant has an Alarm
Business License
Applicant pledges to provide lists of all customers in Tamarac as reauired
by Section of the Tamarac City Code.
Applicant
Da to
STATE OF FLORIDA
SS:
COUNTY OF BROWARD )
Sworn to and subscribed before me this day .of
19
My commission expires:
Rotary Public