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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1989-004Temp. Ord #1422 Revised 1/12/89 1 2 3 4 5 5 ---- 7 9 10 11 12 13 14 15 16 17 1 9 20 21 22 23 24 25 26 27 28 29 32 33 34 35 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-89---�—, AN ORDINANCE OF THE CITY OF TAMARAC RELATING TO BURGLAR ALARM SYSTEMS; PROVIDING FOR THE REPEAL OF ARTICLE IX, ENTITLED "ALARM SYSTEMS", SECTIONS 14 59 THROUGH 1.4-71.2 OF THE CITY CODE; PROVIDING FOR THE CREATION OF A NEW ARTICLE IX TO BE ENTITLED "ALARM SYSTEMS"; PROVIDING FOR DEFINITIONS; REQUIRING REGISTRATION OF THE ALARM SYSTEM; REQUIRING AUTOMATIC DEACTIVATION OF ALL BURGLAR ALARM SYSTEMS; PROVIDING FOR PROHIBITED ALARM SYSTEMS; PROVIDING FOR REPORTS ON ALARM RESPONSES; PROVIDING FOR VIOLATIONS OF THIS ARTICLE; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR A LIMITATION OF LIABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida wishes to streamline the method in which the City regulates burglar alarm systems within the city; and WHEREAS, the City Council has determined that this can best be accomplished by deleting the current provisions of the City Code relating to burglar alarms and replacing such provisions with the new regulations outlined below; and WHEREAS, pursuant to Chapter 166, Florida Statutes, a public hearing has been held on the proposed ordinance; and WHEREAS, the City Council of the City of Tamarac has determined that adoption of this ordinance is in the public interest, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That the existing Article IX, entitled "Alarm systems", Sections 14-59 through 14-71.2 of the Code -1- Temp. Ord. #1422 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 i' 20 21 22 23 24 2$ 26 27 28 29 Q 1 32 33 34 35 of Ordinances of the City of Tamarac is hereby deleted and repealed in its entirety. SECTION 2 That a new Article IX of the Code of Ordinances of the City of Tamarac to be entitled "Alarm systems" is hereby created. SECTION 3 : That a new Article IX, Section 14-59 of the Code of Ordinances of the City of Tamarac to be entitled "Definitions" is hereby created to read as follows: Sec. 14-59. Definitions. For the purpose of this article, the followin words and terms shall have the meanings respectively ascribed: Bur tar alarm ---astem.___ A mechanical, optical, electronic or electrical device designed to detect an unauthorized entry into a building, structure, facility or enclosed area, and which emits a sound or transmits a signal when activated. Excluded from the definition of burglar "alarm system" are devices which are not designed or used to re ister alarms that are audible, visible or erce tible outside of theprotected_ building, structure, facility or enclosed area; False alarm. A signal emitted by a burglar alarm system other than one resulting from ille al acts or entry. Signals emitted due to an of the following shall not be considered false alarms for ur oses of Section 14--16 of this chapter: (1) Signals activated by persons having reasonable cause to suspect an illegal act or entry, (2) Signals resulting from repair work or stem test, where the appropriate city department has previously been notified of such repair work or test ; (3) Signals activated by an individual not subject to the control of the personownin , control 1in or -2- Temp. Ord. #1422 1 2 3 4 5 y 8 9 10 11 12 13 14 15 16 17 20 1 211 22 23 24 25 26 27 28 29 -40 L 12 33 34 35 occupying the remises . SECTION 4 : That a new Article IX, Section 14--60 of the Code of Ordinances of the City of Tamarac to be entitled "Registration of system" is hereby created to read as follows: Sec. 14-60. Registration of s stem; Every person who installs, maintains or operates a burglar alarm system shall, within thin (30) days of installing such system or, in the case of existin systems, within thin (30) da s of the effective date of this ordinance, register the system with the olive department of the City, Registration shall be on a form provided by the a pro riate department and shall include provision for identification of the occupant of the oremises and one (1) or more persons who are authorized to enter the premises with their respective business and residence addresses and tele hone,numbers. It shall be the dut of ever erson re isterin a bur lar alarm to notify the olice department in writin of an than e in the information contained on the registration form. SECTION 5 : That a new Article IX, Section 14-61 of the Code of Ordinances of the City of Tamarac to be entitled "Automatic deactivation of burglar alarms; prohibited alarm systems" is hereby created to read as follows: Sec. 14-61: Automatic deactivation of burglar alarms; prohibited alarm s stems. (1) Every -_burglar alarm system installed, main- tained or o erated in the cit shall be desi ned to deactivate automatically within thirty (30)__minutes of activation. (2) All burglar alarm systems -shall have a minimum of thin (30) seconds' delay before the alarm re ortin -3- Temp. Ord. #1422 device is activated, except for panic or emergency alarms. (3) Audible alarm systems shall not sound Burin the interval between the_enLEy of an authorized erson and the turning off of the system. (4) If_panic or emergency switches are used, the must be of the recessed button t e and must require two (2) buttons to be pressed at the same time to be activated. SECTION 6 : That a new Article IX, Section 14--62 of the Code of Ordinances of the City of Tamarac to be entitled "Report of response" is hereby created to read as follows: Sec. 14-62._ Report of response. (a) Ins ection of premises. Whenever olice respond to a burglar alarm, a olice officer on the scene shall ins ect the area and make a report thereof. (b) Notice of false alarm. If the report concludes that the department was caused to res and to a false alarm, then a notice thereof shall be mailed b certified mail to the erson operating or occupying the premises. (c) Notice contents. Said notice shall state that each false alarm within a twelve-month period beginning after the first three (3) notices by the 2olice de artment is a violation of the Code of Ordinances of theCit of Tamarac and shall contain a copy of Section 14-65 of this article. SECTION 7 : That a new Article IX, Section 14-63 of the Code of Ordinances of the City of Tamarac to be entitled "Violations of article", is hereby created to read as -4- Temp. Ord. #1422 1 2 3 4 5 6 7 8 .9 10, 11 12 13 14 15 16' 17 I 18 19 j 20 21 22 23 24 25 26 27 28 29 30 �1 32 33 34 35 follows: Sec. 14-63 Violations of article. (a) Failure to register an alarm system or to comply otherwise with sections 14-60, 14--61 and 14-62 of this article shall constitute a violation punishable as provided herein. (b) Each false alarm, in excess of three (3), emitted by.a burglar alarm system within a twelve --month period, shall_ constitute a violation of this article and subject the individual owning, controlling or occupying the premises to the penalties herein. SECTION 8 : That a new Article IX, Section 14--64 of the Code of Ordinances of the City of Tamarac to be entitled "Penalties for violations" is hereby created to read as follows: Sec. 14-64. Penalties for violations. a) Fines. The fines for violation of this article shall be as follows: 1) For the first violation within any twelve- month period, the fine is twenty-five dollars ($25.00) 2) For the second violation within an twelve- month period, the fine is fifty -dollars ,%�,. 3) For the third violation within any twelve- month period, the fine is one hundred dollars ($100.00). 4) For the fourth and any subsequent violations within any twelve-month___period, the fine is two hundred dollars ($200.00) . SECTION 9 : That a new Article IX, Section 14--65 of the -5- Temp. Ord. #1422 1 2 3 4 5 i 8 9 10 11 12 13 14 15 16 17 3 19 20 21 22 23 24 25 26 27 28 29 0 1 32 33 34 35 Code of Ordinances of the City of Tamarac to be entitled "Enforcement" is hereby created to read as follows: Sec. 14-65. Enforcement . Enforcement of the provisions of this Article shall be the responsibilit of the City. The city Mana er or his designee is appointed as the Hearin Officer for purposes of a peal of the penalties i osed by this Article. Minutes shall be ke t of all hearin s and all testimony shall be under oath. Formal rules of evidence shall not appl , but fundamental due process shall be observed and shall governthe roceedin s. Final decisions of the Hearing -Officer shall include findings of fact, conclusion of law and shall be in writing. Appeal of final orders of the Hearin Officer shall be to the Circuit Court. SECTION 10 That a new Article IX, Section 14-66 of the Code of Ordinances of the City of Tamarac to be entitled "Limitation of liability" is hereby created to read as follows: Sec. 14-66. Limitation of liability. Neither the city, the city council either individu- all or as a rou the city manager, the olive chief, the city olive department, nor any of the officers and agents of the cit shall be under an obli ation ox dut to an alarm user or to any_other erson hereunder b reason of this article. The city specifically disclaims liability for anv damages which may be caused b failure to respond to an alarm. SECTION 11 : All Ordinances or parts of Ordinances in Temp. Ord. #1422 1 2 3 4 5 SII� 7 8 9 10 11 12 13 14 1S 16 17 8 9 20 21 22 23 24 25 26 27 28 29 -t0 32 33 34 35 conflict herewith are hereby repealed to the extent of such conflict. SECTION 12 Specific authority is hereby granted to codify this Ordinance. SECTION 13 : If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be sever- able. SECTION 14 : This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this // day of , 1989. PASSED SECOND READING this ,2� day of wcah 1989. 14M4�a� NORMAN AT3RAMOWITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RICHARD L. D 0 Y CITY ATTORNEY "ALARM.SYSTEMS" 2157051989/t RECORD OF COUNCIL VOTE iMAYOR E,!:: w jai CT 1: G r�� r' YR O;STRK ;T 4- CIMI BENT)ER Ll ZZ 7525 NORTHWEST 8 'rH AVENUE TELEPHONE (305) 722-5900 �<or �oP Riu January 31, 1989 ROBERT LASLIE, SUPPLEMENTS MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 TAMARAC, FLORIDA 33321.2401 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO. 0-89-4 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS ti Oj� TA y99 7 U (l <OR1D� 7525 NORTH /88THAVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722.5900 January 31, 1989 ROBERT USSERY, CODIFICATION MUNICIPAL CODE CORPORATION P.O. BOX 2235 Tallahassee, Florida 32304 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO. 0-89-4 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS ti of T 4k1) r U A 7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722.5900 January 31, 1989 BROWARD COUNTY LIBRARY 100 South Andrews Avenue Fort Lauderdale, Florida 33301 Enclosed please find your copy from the CITY OF TAMARAC, the following item(s) for your files: ORDINANCE NO. 0-89-4 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 23. PUBLIC HEARING - MOTION TO ADOPT Temp. -Ord. 01422 on second reading to repeal Article IX, Sections 14-59 through 14-71.2, of the City Cade entitled "Alarm systems" and to create a new Article IX to be entitled ITEM # REF. "Alarm systems". DATE g TAPE SIDE # CITY OF TAMARAC INTEROFFICE MEMORANDUM C/A NO. 8901-8417 % TO: Car City Clerk FROM: Rich L. Do y,.City Attorney SUBJECT: PROPOSED BURGLAR ALARM SYSTEM ORDINANCE DATE: January 6, 1989 Attached herewith please find a proposed Burglar Alarm System Ordinance to be placed on the January 11, 1989 City Council Meeting Agenda. If you have any questions or comments regarding the attached, please do not hesitate to contact me. RLD:beo Attachment CC: Mayor and Council John P. Kelly, City Manager Joseph McIntosh, Police Chief m, mop To ADOPT Tea► Ord. #1422 on first reading to y repea Article IX, Sect ona - 9 through 14-71.2, of L'IA6 City Code entitled "Alarm Systems' and to create a ITEMREF. new Article IX to be entitled "Alarm Systems". DATE �� TAPE SIDE VOTE: DISTRICT u - C/M BENDER DISTRICT 1 - C/M ROHR DISTRICT 2 - V/M STELZER DISTRICT 3 - C/M HOFFMAN q MAYOR ABRAMOWITZ MOTION BY: SECONDED BY: CITY OF TAMARAC INTEROFFICE MEMORANDUM C/A NO. 8901-8426 TO: Carol A. Evans, City Clerk FROM: R'iChD"L0. Y, City Attorney SUBJECT: REVISED BURGLAR ALARM ORDINANCE DATE: January 13, 1989 Enclosed, please find the latest revision to the Burglar Alarm Ordinance. The Ordinance has been revised pursuant to the City Council's directions made at the January 11, 1989 meeting. The changes to the Ordinance are as follows: (1) Page 3, lines 15--23 the definition of "Burglar Alarm System" has been reworded. (2) Page 4, line 19 the words "police officer" replace the former language of "employee". (3) The former section that required that provisions be made for access to the premises has been stricken in its entirety. If you have any questions, please do not hesitate to contact me. RLD/tm Enclosure cc: Mayor Norman Abramowitz and Members of Council John P. Kelly, City Manager Joseph McIntosh, Police Chief 7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722.5900 May 5,1989 Ms. Jacklyn Richman 8220 Pine Drive Tamarac, FL 33321 Dear Ms. Richman, Enclosed for your files you will find a copy of minutes from the April 28, 1989 Administrative Hearing regarding City of Tamarac Ordinance No. 0-89-4 pertaining to alarm systems. If you should have any questions concerning this matter, please contact me. /n Enc. Very truly yours, Nanc amoni City Clerk's Office AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS l 5 IRI 8L7I ON L7 ST Q — � 9 f Co iea DEPARIIZNT OR PERSDN RECEIVED BY 113d1910 DATE F I COUNCIL - TRAILER F MORCEMENT IRENE !!ASTER FILE CITY MAXACER Y'INANCE DIRECTOR FINANCE- 5UPV. ACCOUNTANT PURCRASING POLICE DEPARTMENT- CHIEF POLICE DEPARTMENT - KCW,.RlCK RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW - ADMINISTRATION CODIEIER MAIL IMMEDIATELY Nun cipal Code Corp.,PO 2235, Tall&hBssee 323D4 Robert Leslie n charge o cPP) Robert Ussery in charge of Codificetffon) PERSONNEL 1 -5 1 AIDINTn1e10ry WTI v I y MIC'HAEL D. WANCHICK, ADMINIS' 11RDWWiRp CTV.►UWjW9_tw1CIL PETITIONER OR APPLI CLERK'S PRDJECT FIL Narkhm US S. Ardma Ave. , 3b. 307 8519 V. hd9mb W. Txmamc 33 COPIED DISTRIBUTED