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1993-11 AlarmsG ORDINANCE N0. 11-93 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA REVISING ARTICLE X ALARMS OP CHAPTER 19 OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EPFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Article X Alarms of Chapter 19 of the Code of Ordinances of the Village is hereby revised to read as follows: ARTICLE X. ALARMS* ' Sec. 19-207. Definitions. For the purpose of this article, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this section. Alacm system means any device which is used in a building or premises for the detection of unauthorized entry, burglary, or any other criminal activity or fires, and which when activated emits a sound signal, or message to alert others, whether emitted on or off the premises or to the central office of an alarm business. Alarm business means any selling, leasing, monitoring, altering, replacing, moving building place or premises. person engaged in the business of maintaining, servicing, repairing, or installing any alarm for any Alarm user means any person using an alarm or occupying and controlling a premises or building, or a portion of a premises or building, served by an alarm and shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of a building having an alarm system. Property owner means the person, if other than tt~e alarm user, who possesses legal ownership to the building or premises, in which the alarm system is installed. Permitted alarm means all those alarms activated by illegal entry or in response to criminal activity or fire and includes alarms activated solely by an act of nature not contributed to by faulty maintenance, installation or use. 1 False alarms means all activated alarms, responded to by the public safety department, which do not qualify as permitted alarms, including, but not limited to, alarms activated throug}r inadvertence, neglect, accident, faulty installations or maintenance. Person means an individual, partnership, association or corporation. Calendar year means the time span from January 1 through December 31. Sec. ]9-208. Alarm system permit required. (a) No person shall have an alarm system installed to be operational, or use an existing alarm serving a premises or a building, or portion thereof, occupied or conCrolled by such a person, unless an alarm permit has been issued hereunder, and is in force, authorizing the use of such alarm. The alarm permit shall constitute a regulatory license. For any alarm system existing prior to the effective date of the ordinance from w}rich this article derived, an alarm permit application shall be made within sixty (60) days from notification by the Village to the alarm user. Sec. 19-209. Application [or alarm system permit. (a) Alarm - ApplicaCions for alarm system permits shall be made to the director of public safety on forms provided by the public safety department. The application shall be signed by the alarm user and shall provide the following information: (1) Name, address and telephone number of the alarm user; (2) Address and telephone number of the alarm user's premises or building to be served by r.he alarm: (3) The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm; 1 (4) If not the alarm user, the name, address and telephone number of the property owner. (5) The names, address and telephone numbers of two persons that shall. respond to assist public safety personnel at the site of the alarm in case of problems. These persons must be avai. 7.a ble for twenty-four (24) },our per day contact and respond within one(l) hour if requested. These persons are rec.}wired t:o possess the authority t.o access and inspect the premises in order tc evaluate any problems and make an official report if necessary. 1 (6) The name, address entity installing (7) The name, address entity monitoring (8) The name, address entity providing alarm; and telephone number of the person or the alarm; and telephone number of the person or the alarm; and telephone number of the person or maintenance and repair service to the (9) An agreement by the alarm user, binding upon the alarm user s heirs and successors in interest, to promptly pay or lawfully contest any penalties assessed against the alarm user for an excessive number of false alarms as described in this article. 1 J (b) An amended application shall be filed within ten (10) days after any change in the information provided in the application. Upon such amendment, a new alarm permit shall be issued without charge or fee. (c) Failure to comply with any items in Sec. 19-209 (a), and (b), shall result in a service fee of $25.00 per incident. This fee shall be assessed at time of discovery unless, it is being disclosed at time of permit renewal. Sec. 19-210. Term of permit; fee; nontransferable. (a) An individual alarm system permit shall be issued to single family residences. (b) An individual alarm system permit shall be issued to any occupant of a multi-unit dwelling or commercial building wishing to install a personalized alarm system within the building already permitted for is controlled by a single person or entity residing or leasing within the building, that may already possess an alarm system permit as described in Sec. 19-210. (c). (c) In multiunit structures, whether residential or commercial, an individual alarm system permit shall be issued for an alarm system that is used as a common alarm system throughout the premises. (d) 1'he alarm system permit shall be issued the alarm user by the director of public safety prior to the alarm system being placed into service. The fee for this permit is ten dollars ($10.00) and shall be renewed each calendar year. (e) The public safety department shall issue a decal specifying the permit number with each permit issued. The alarm user shall. post the initial decal prominently on or near the front entrance to the premises such that the permit number provided on the decal is visible from outside the structure. 1 (f) Any alarm system shall not be transferable building or premises. Sec 19-211. Issuance of An alarm system permit director of public safety the completed application alarm system permit shall permit issued pursuant to this article or assignable and shall cover only one(1) alarm system permit. shall be issued to the alarm user by the within thirty (30) days after receipt of by the director of public safety. An be denied if: (1) The requested information is not supplied on the application. (2) Material information on the application is incorrect. (3) Any person or entity listed on the application under items (a) (6), (7), (8) of section 19-209 does not possess any required occupational or regulatory license to conduct the activities required by items (a) (6), (7), (8), unless the person or entity is the alarm user. The department of public safety shall give notice of the permit expiration date and need for renewal. Application for renewal. will require a ten dollar ($ 10.00) permit renewal fee and updated information required in section 19-209, item (a) (1-9). Sec. 19-212. Excessive false alarms declared a public nuisance. The emission of false alarms within the calendar year as cited in Sec. 19-213(1) and (2) is excessive and constitutes a serious public nuisance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause, or fail to prevent, the emission, for any reason, by any alarm used by him, or any alarm serving premises or a building occupied and controlled by such person, of more false alarms as cited in Sec. 19-213(1) and (2) within the calendar year. Sec. 19-213. False alarm service charge; An alarm user shall pay the following responses to excessive false alarms by the within the calendar year. (1) In a single alarm user premise, for a response to the first thr~ calendar year. collection. fees to the village for public safety department there shall be no charge ~e (3) alarms within the 1 (2) In a multi-unit structure where an alarm system permit has been issued for a common alarm system, the no charge schedule of service fees reference false alarms within the calendar year scale will be as follows: 2 - 20 units - three(3) no charge false alarms 21 - 40 units - four(4) no charge false alarms 41 - 60 units - six(6) no charge false alarms 61 - 80 units - eight(8) no charge false alarms 81 - 100 units - ten(10) no charge false alarms 101 - 120 units - twelve(12) no charge false alarms 121 or more units - fifteen(15) no charge false alarms (3) There shall be a service fee charge of fifty dollars ($ 50.00) for response to any false alarm in excess of the allotted no charge false alarms within the calendar year as listed in Sec. 19-213(1) and (2). The director of public safety shall keep a record of whenever ' a false alarm has been responded to by the public safety department, and shall note the frequency of such false alarms for each alarm user. The public safety department shall notify each alarm user of the service fee charges to be paid within thirty (30) days after demand. If the alarm user fails to comply with this notice, the public safety department will notify the Village Clerk to send notice for the alarm user to appear before the code enforcement board. Sec. 19-214. Penalty. Any person who shall violate the provisions of this article shall, upon conviction thereof, be punished as provided in section 1-8 of this code. Sec. 19-215. Interference with public safety department telephone trunk lines prohibited; alarm business central office required; identification required. (a) No person shall use or cause to be used a telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the public safety department or any other department or bureau of the village, and then reproduces any prerecorded message to report any burglary. unauthorized entry or other emergency. Any such alarm system shall be disconnected and ' its use discontinued within sixty(60) days of enactment of this ordinance. (b) No person shall provide alarm service system progranuned to a central alarm reception office unless it shall have the central office staffed at all times, twenty-four (24) }tours a day, including holidays. 1 i (c) Any staff member of a private alarm service system reporting an alarm activation to which the public safety department response is requested shall identify himself and state the name and telephone number of the alarm business by which such response is requested. Sec. 19-216. Audible alarms. All alarms which may be heard in any public place s}~all be equipped and maintained to automatically cut off no longer than thirty (30) minutes after being set off. Sec. 19-217. Enforcement through code enforcement board. .The director of public safety may initiate action before the code enforcement board of the village to obtain compliance with this article. Any notices of appearance before the code enforcement board shall be sent to both the alarm user and property owner, if. different, on the authority of code enforcement board through the village clerk's office. The board shall have authority to place a lien against the property served by the criminal detection or fire alarm systems in the amount of all service charges assessed by the village pursuant to section 19-213 above. If the alarm user and property owner are different, the code enforcement board shall have authority to proceed against the alarm user who receives written notice even though the director of public safety has been unable to serve notice upon the property owner. The Village may proceed by a suit in a court of proper jurisdiction to collect such service fee charge after demand therefore has been made by the village and the alarm user has failed to pay same within thirty(30) days after such demand. Sec. 19-218. Exemptions. This article shall not apply to any alarms attached to motor vehicles or attached to any publicly owned property. Sec 19-219. Alarm system standards. All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwrites Laboratory, Inc., and the Standards of the National Pire Protection Association. 1 Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Thie ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 8th__ DAY OF ApY'll____ 1993. PLACED ON SECOND, OF _ Agri l ___, FINAL READING AND PASSED THIS _22nd___ __ DAY 1993. l/. ~/~Iz~ /Ij.p MAYOR 1 (Village Seal) ATTEST: ~/LO~~G~J/J~ TAO- r..~.~ VILLAGE CLERK