HomeMy WebLinkAboutCity of Tamarac Ordinance O-1989-004Temp. Ord #1422
Revised 1/12/89
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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
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Temp. Ord. #1422
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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repealed in its entirety.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
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Temp. Ord. #1422
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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
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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
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Temp. Ord. #1422
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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
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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
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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
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