HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-059Proposed by: �kaa�n�7
Introduced by: G1 � -i�--c_d o1
Temp. #377
Revised 10/12/76
Revised 10/18/76
Revised 10/28/76
Revised ll/ 5/76
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. r/6-6Ci (See also 0--76 -90)
AN ORDINANCE RELATING TO FALSE ALARMS;
RELATING TO AND REGULATING THE USE OF
PRIVATELY OWNED BURGLARY OR ROBBERY ALARM
SYSTEMS; DEFINING FALSE ALARMS AND OF-
FENSES IN CONNECTION THEREWITH; PRO-
HIBITING CERTAIN TELEPHONE ALARM DEVICES
AND PROVIDING FOR THEIR DISCONNECTION;
PRESCRIBING FEES AND PENALTIES; AND
AUTHORIZING THE DISCONNECTION OF ALARM
SYSTEMS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR SEVERABILITY OF INVALID
PROVISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac is experiencing the
continuing serious problem of false alarms in alarm systems within
the City limits; and
WHEREAS, false alarms are detrimental to the City and
its citizens because of the mandatory dispatch of police units to
the scene of said alarm and the removal of police officers from
patrol as a result; and
WHEREAS, a decrease in false alarms should be achieved
as a result of the passage of this ordinance; and
WHEREAS, said ordinance will be a substantial benefit to
the health, safety and welfare of the citizens of the City of
Tamarac, Florida;
NOW, THEREFORE,
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, or both, 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.
4.
"Alarm
Signal" means
an audible sound, or a trans-
mission 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 instal-
lation, 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.
6. "Notice" unless otherwise specified, means written
notice, given either by certified mail, return receipt requested,
or personal service upon the addressee.
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 officer 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
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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 proprietary systems. If, however,
an alarm system on a motor vehicle is connected with an alarm
system at a premises (other than a proprietary system) the person
using such system is an alarm user. "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
unauthorized intrusion or holdup attempt.
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, apply to the Law Enforcement Officer for a
license to operate on a form to be furnished by the Law Enforcement
Officer. Businesses which sell only those alarm systems excluded
from the definition of alarm systems in Section l(1) of this
ordinance are not required to obtain a license under this Section.
Such application shall be signed by the individual proprietor of
such business, or by a partner, or by the proper corporate official,
as is appropriate for the form of the business seeking the license,
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, prin-
cipal 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
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later, a complete list of the names and addresses of all persons
in the city to whom or for whom alarm systems have been sold and
who are currently under contract to the alarm business for services
on or after the effective date of this ordinance shall be main-
tained for inspection by the Law Enforcement Officer during the
course of his official business.
(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.
(d) A statement that the applicant will inform the
Law Enforcement Officer within (10) days after any substantial
change in the information required by Section 2 of this Ordinance.
2. License applications shall be accompanied by a
nonrefundable fee of $50.00 to cover the costs to the city of
processing the application and investigating the applicant. This
license shall be renewed annually at the same fee.
3. Any installation or servicing of a burglar alarm
system shall be performed by or under the direct supervision of a
licensed installer and/or serviceman. To acquire a license, an
installer or serviceman shall be required to show evidence of two
(2) years full-time experience in the burglar alarm field.
(a) License applications for an installer and/or
serviceman shall be accompanied by a nonrefundable fee of $15.00
to cover the costs to the city of processing the application and
investigating the applicant. This license shall be renewed annually
at the same fee.
4. Applicants already doing business in the city on the
effective date of this ordinance may continue to do business while
their license applications are being processed. An applicant
not previously doing business in the city on the effective date
of this ordinance shall not commence doing business until his
application is approved.
MI!
SECTION 3: ACTION ON BUSINESS LICENSE APPLICATIONS
1. The Law Enforcement Officer shall cause a report
on the applicant 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, he shall:
(a) In the case of approval, the Law Enforcement
Officer shall notify the applicant, in writing of the approval, and
inform him that upon the presentation of the writing to the Finance
Department, or his designated representative, and the payment of
the 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 correc-
tions. 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 repre-
sentative, 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
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matter in a way acceptable to the applicant, arrangements shall
be made to have the appeal heard before the city council. 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 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 city council's agenda for that meeting. The
applicant may appear before the city 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 city council, after hearing the applicant's
appeal, shall rule on the appeal at the next regular council meeting,
and such ruling shall be final.
SECTION 4: FEES FOR LICENSE AND LICENSE RENEWAL
1. Any alarm business wishing to do business in the
city shall pay standard licensing fees as set by the City of Tamarac
ordinance governing
such fees.
2. If
a license is issued
after the beginning of a
calendar year, the license
fee shall be
prorated on the basis of
the remaining months
of the calendar year,
including the month
when the license was
issued.
3. No
refunds of license
fees shall be made.
SECTION
5: REVOCATION OF
ALARM LICENSES
1. 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 on any of the following grounds:
(a) Fraud or willful and knowing misrepresentation
or false statement made in an application for a license.
(b) Fraud or willful and knowing misrepresentation
or false statement made in the conduct of an alarm business.
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(c) Failure to correct any deficiencies in
equipment or operation within thirty (30) days after receipt of
notice of same from the Law Enforcement Office, or within a
reasonable time if the deficiencies cannot be corrected within
the said thirty (30) days.
(d) 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.
2. No alarm business license shall be revoked 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) 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. 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. Within ten (10)
days after receiving such recommendation, the city manager shall
approve or disapprove the recommendation. 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) days after
making it.
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4. Any person whose license is revoked pursuant to
Section 3 of this ordinance shall have the right, within ten (10)
days after receiving notice in writing of the revocation from the
city manager, of filing a written appeal with the city council.
Such appeal shall set forth in detail the specific ground or
grounds on which it is based. The city council shall hold a
hearing on the appeal within thirty (30) days after its receipt
by the city, and shall cause the appellant to be given at least
ten (10) 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 city council on the
appeal shall be final.
5. Within ten (10) days after an alarm business
receives notice of revocation of its license, 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 1(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 and holdup
alarm systems to such persons within thirty (30)- days after they
receive notice of revocation. For the purposes of this Section,
any alarm business other than a central station, modified central
station or telephone answering service may satisfy the notice
requirements by placing an advertisement in a newspaper or
newspapers published in the geographic areas in which its customers
are located, which advertisement shall be in a. form prescribed
by the Law Enforcement Officer. Such advertisement should appear
at least one day a week for three successive weeks. 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.
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(a) The licensee shall post a cash bond in the
amount of $100.00 to be forfeited to the City in the event of failure
to comply with the provisions of Section S-5.
6. After notice of revocation has been given, an
alarm business licensee may continue to operate his business until
all of his rights of appeal under this ordinance have been
exhausted.
SECTION 6: ALARM USER PERMITS
1. Permit --Within ninety (90) days after the effective
date of this ordinance, every alarm user shall obtain an alarm
user permit for each alarm system he operates within this city
from the Law Enforcement Officer. This paragraph does not require
that licensed alarm business obtain a permit under this Section
when it leases or provides service to alarm system users. If a
licensed 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.
2. 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 to be prepared by the Law Enforcement Officer and approved by
the city attorney: 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 type of alarm system (local,
direct connect, central station, etc.), the alarm business or
businesses selling, installing, monitoring, inspecting, responding
to and/or maintaining the alarm system, and the name and telephone
number of at least one other person (in the case of a corporate 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 can enter the premises in which the alarm system is installed.
(b) Any alarm user who installs a system shall
submit with the application a certificate from a licensed alarm
business stating that in the opinion of such business the alarm
system complies with this ordinance. This certificate shall
satisfy the requirements of paragraph 4(1) of this Section for the
year in which the alarm permit is first obtained.
3. Alarm User Permit Fee
(a) There shall be a user permit fee for
the first year. For failure to obtain a user permit a
penalty shall be assessed making a total amount due of
(b) There shall be an annual renewal user fee of
(c) For systems already in use on the effective
date of this ordinance the initial user fee shall be
For
failure to comply a penalty shall be assessed making a total
amount due of
4. Every alarm user licensed under this Section shall
be required to have the alarm system inspected at least once every
two (2) years by a licensed alarm business, and post a certificate
of such inspection on the premises where the alarm system is main-
tained. The certificate shall state that in the opinion of the alarm
business the alarm system complies with the applicable provisions
of this ordinance, and the alarm system has been installed in a
workmanlike manner.
5. An applicant for an alarm user permit may file a
request with the Law Enforcement Officer, requesting that he
temporarily waive the requirements of Section 6, paragraphs 2(b)
and 4, 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 securely maintained and restricted to
inspection only by the Law Enforcement Officer or certain officers or
city employees specifically assigned the responsibility for handling
and processing alarm user permits in the course of official duties.
7. Any alarm system user who operates an alarm system
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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.
SECTION 7: PROHIBITION OF CERTAIN TELEPHONE ALARM
DEVICES
Except for telephone alarm devices utilized by govern-
mental units or agencies, or with the express written consent of a
law enforcement agency, it is unlawful for any person, firm, cor-
poration or association, to install, maintain, own, possess, 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
connected directly to a law enforcement office, but they are subject
to all other provisions of this ordinance.
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,
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. If
personal service cannot be made, notice shall be by registered mail,
return receipt requested. Any telephone alarm device installed
prior to the effective date of this ordinance shall be removed.
within thirty (30) days of the effective date.
SECTION 9: DEACTIVATION OF AUDIBLE ALARMS WITHIN
THIRTY (30) MINUTES
It is further unlawful to maintain any alarm system or
audible alarm that does not deactivate within thirty (30) minutes of
its activation. For the first violation the Law Enforcement officer
will notify the user in writing that he is in violation of this
section. Upon the second occasion within six months of violation of
this section, the owner shall be subject to a penalty of $50.00. He
shall also submit to the Law Enforcement officerwithin seventy-two
(72) hours evidence that he has taken the necessary steps to correct
his system so that it will- comply with this section. Failure to
comply could result in the Law Enforcement Officer ordering the
disconnection of the alarm system.
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SECTION 10: INTENTIONAL ACTIVATION OF ALARMS
PROHIBITED IF CRIME NOT BEING PERPETRATED
It is unlawful for any person to intentionally activate
any alarm system or audible alarm except in the event of an actual
or attempted felony, misdemeanor, fire or medical emergency or to
periodically test the alarm equipment after giving advance notice
to the Law 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 fees 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 fee
shall be charged; but the person having or maintaining the alarm
system or audible alarm shall within three (3) working days after
notice to do so, complete 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.
2. No fee for a second response to premises within
six (6) months after a first response shall be charged; 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 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 en-
forcement office with a written report furnished to the Law En-
forcement Officer by the inspector within seventy-two (72) hours.
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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.
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 fee of
fifty dollars ($50.00) shall be charged, and 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, the Law Enforcement Officer may serve a written notice
upon the person owning or maintaining such audible alarm or alarm
system ordering the disconnection of such alarm system or audible
alarm. It shall be unlawful for the person owning or maintaining
such alarm system or audible alarm to fail to disconnect such
alarm system or audible alarm upon order of the Law Enforcement
Officer, and it shall further 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 shall be disconnected where such alarm system or audible alarm
is situated in any premises required by law to have such alarm
system or audible alarm in operation.
4. 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.
5. Notice of a false alarm shall be by personal service.
If personal service cannot be made, notice shall be by registered
mail, return receipt requested. Notice shall be in essentially
the following form:
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You are hereby notified that you have violated
the City of Tamarac Ordinance No. which prohibits certain
false alarms. This is your violation of the Ordinance.
Previous violation(s) occurred on (dates).
Violations of the terms of the City of Tamarac
Ordinance No. 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 penalty 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
to the Law Enforcement Officer.
SECTION 12: APPLICATION
This ordinance applies to the incorporated areas of
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 said payment is not made within thirty (30) days
of date of notice thereof the alarm system shall be disconnected.
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SECTION 14: SEVERABILITY
If any clause, section or other part of this ordinance
shall be held invalid or unconstitutional by any court of
competent jurisdiction, the remainder of this ordinance shall
not be affected thereby, but shall remain in full force and
effect.
SECTION 15: EFFECTIVE DATE
This ordinance shall become effective January 1, 1977.
PASSED FIRST READING this_day of , ) b
PASSED SECOND READING this day of ��Ce` 197�i.
W
MAYOa
ATTEST.-.
RECORD OF COUNC
ITCLERK W. FALCC
V/M H. MASSARO._
I HEREBY CERTIFY that I have COW M. KELCH..�
approved the form and C/M 0. TUCKER
correctness of this Ordinance CIM M. WEINBERGER
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