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HomeMy WebLinkAboutOrdinance No. 18-1989ORDINANCE NO. 18 -89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, CREATING A NEW CHAPTER 654, CITY OF CAPE CANAVERAL CODE ENTITLED, "ALARM SYSTEMS "; PRO- VIDING FOR REGULATION OF ELECTRONIC AND OTHER FIRE AND POLICE ALARM SYSTEMS; DEFINING TERMS; ESTABLISHING THE DUTY OF OWNERS OF SUCH SYSTEMS; PROVIDING MAINTENANCE REQUIREMENT FOR SUCH SYSTEMS; ESTABLISHING AND RE- QUIRING PERMITTING OF SUCH SYSTEMS; ESTABLISHING FEES FOR ALARMS OTHER THAN VALID RESPONSES; PROVIDING PEN- ALTIES FOR VIOLATIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the Cape Canaveral City Code is hereby amended by establishing a new chapter to be numbered Chapter 654 as follows: CHAPTER 654 ALARM SYSTEMS Sec. 654.01 Intent. This section is intended to protect the health, safety and welfare of the people of the City of Cape Canaveral by preventing the misuse of law enforcement and fire protection resources caused by false alarms and telephone alarm devices, thereby allowing these resources to be accessible and available in the event these resources are truly needed by members of the community. Sec. 654.03 Definitions as used in this chapter, the fol- lowing terms shall have the meanings indicated in this section: Alarm means a signal (audio, visual, recorded or live) trans- mitted to or heard or observed by law enforcement or fire department indicating a predetermined condition. Such alarm is received either: a. Via telephone line to a designated position on an alarm panel; b. Via a private alarm service company related to the law enforcement agency or fire department telephone; c. Via an automated telephone alarm system, playing a re- corded message when received on the police or fire department telephone; or d. Via an audible or visual signal heard or observed by, or related to, the law enforcement or fire department False Alarm means the activation of an alarm by any means which does not represent the designated condition. Burglary Alarm means an alarm designed to indicate a condi- tion of any unlawful entry, forced entry, or attempted forced entry. ORDINANCE NO. 18 -89 PAGE 1 OF 5 Robbery Alarm means an alarm designed to indicate a robbery. Fire Alarm means an alarm system designed to indicate the presence of fire and /or smoke. Telephone Alarm System means any alarm system which automati- cally transmits by telephone line a recorded electronic or mechanical signal to a telephone instrument at the law enforce- ment or fire department. Such system is totally automated and requires no relaying or action by a human being. Law Enforcement includes the Brevard County Sheriff's Depart- ment, its auxiliary members and the Cape Canaveral Police Department should same be re- established. Fire Department means the Cape Canaveral Volunteer Fire De- partment or other firefighting group having jurisdiction within the City of Cape Canaveral. Sec. 654.05 Duty of Owner or Lessee of Premises. A. Owners or lessees of any alarm system shall provide re- sponse to the alarm location, when requested, in order to reset or disable the alarm system within one -half hour of notification. Failure to provide such response shall result in a charge of One Hundred Fifty Dollars ($150.00) for each such occurrence. B. The operator of every place of business which utilizes an alarm system, as defined in Sec. 654.03 above, shall provide, visible from the exterior of said business and adjacent to the main entrance, a minimum of three (3) current working telephone numbers of persons to be notified in case of emergency or in lieu thereof have on file with the law enforcement and fire depart- ments three (3) current working telephone numbers of persons to be notified in case of emergency. C. All alarm systems having an audible or visual signal at the premises shall be so equipped so as to automatically shut off the audible or visual signal after fifteen (15) minutes, except those systems required by law to have a longer operating period, in which case said system shall be so equipped as to automati- cally shut off the audible or visual signal at the conclusion of said longer required operating time. Sec. 654.07 Equipment Maintenance. A. Each subscriber, at his expense is required to maintain all components of his alarm system in good working order at all times to insure that the sensory mechanism used in connection with such device is adjusted to suppress false indications of holdups or intrusions or fire or smoke conditions so that the device will not be activated by impulses due to short flashes of light, wind, noises, vehicular noise or other forces unrelated to genuine alarms. B. No alarm system designed to transmit emergency messages shall be tested or demonstrated without first notifying the law enforcement and fire department. C. Fire alarm systems shall be required to have a maint- enance contract for testing and inspections in accordance with National Fire Protection Association (NFPA) standards; for example, smoke and /or heat detectors, manual pull stations and water flow alarms (sprinkler systems). Copies of the maintenance contract and test results of the fire alarm system shall be for- warded to the Fire Chief within thirty (30) days from the date of the test. ORDINANCE NO. 18 -89 PAGE 2 OF 5 Sec. 654.09 Alarm Permit Required. A. No person shall install or operate an alarm system serving a premises or a building, or portion thereof, unless an alarm permit has been issued hereunder, and is in force, author- izing the use of such alarm. For any alarm system existing prior to the effective date of this Ordinance, an alarm permit appli- cation shall be made within sixty (60) days of the effective date hereof. B. Any after - the -fact permit issued to persons who ini- tially failed to obtain a permit shall be issued at twice the cost of the permit fee. Sec. 654.11 Application for Alarm Permit A. Application for alarm permits shall be made to the City of Cape Canaveral on forms provided by the City. 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 pre- mises or building to be served by the alarm. 3. The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm. 4. The name, address and telephone number of the person or entity installing said alarm. 5. The name, address and telephone number of the person or entity monitoring said alarm. 6. The name, address and telephone number of the person or entity providing maintenance and repair service to said alarm. B. An amended application shall be filed within ten (10) days after any change in the information provided in said appli- cation. Upon such amendment, a new alarm permit shall be issued without charge or fee. Sec. 654.13 Term of Permit; Fee; Non - Transferability. A. An alarm permit shall have a term of one (1) year from date of issuance, said term to begin October 1 and end September 30. Any alarm permit issued after October 1 will be valid through September 30. B. A fifteen dollar ($15.00) fee shall be charged to the alarm user by the City for each permit issued, including succes- sive renewal permits, to defray the cost of regulation. C. Any alarm permit issued pursuant to this article shall not be transferable or assignable and shall cover only one (1) building or premises. Sec. 654.15 Issuance of Alarm Permit. An alarm permit shall be issued to the alarm user by the City of Cape Canaveral within ten (10) days after receipt of said completed application by the City. An alarm permit shall be denied, if: A. The requested information is not supplied on the appli- cation. B. Material information on the application is incorrect. C. Any person or entity listed on the application under Section 654.11 (A) (4), (5) and (6) (APPLICATIONS FOR PERMIT) ORDINANCE NO. 18 -89 PAGE 3 OF 5 does not possess any required occupational or regulatory license to conduct the activities required by said Section 654.11 (A) (4), (5) and (6), unless the person or entity is the alarm user. Sec. 654.17 Response to Alarms, Corrective Actions, Reports Required and Fees Charged. A. For each response by the law enforcement or fire depart- ments to an alarm, the department will cause a report to be filed, classifying the alarm as one of the following: 1. False alarm (for any reason) or system test with no noti- fication. 2. Valid alarm for cause designated. B. Upon the receipt of a false alarm, either law enforce- ment or fire department shall issue a written warning notice to the owner or lessee of the premises involved. The owner or lessee shall file a written report with the law enforcement /fire department within five (5) working days indicating any and all measures taken to reduce false alarms. C. There shall be a service fee charged for any occurrence set forth in Section 654.17 (A)(1) according to the following schedule: 1. First response (none in last six (6) months): Written Warning. 2. Second or subsequent response (within a six (6) month period): One Hundred Fifty Dollar ($150.00) fine. D. Upon failure of an owner or lessee of a premises to pay the fee specified within ten (10) days, any law enforcement offi- cer or fire chief shall notify the City Manager who shall then notify the owner or lessee. E. If the owner or lessee of a premises disputes or dis- agrees with the determination of the law enforcement or fire chief, the owner or lessee may appeal said decision to the City Manager while paying a filing fee of $10.00. No separate notice of publication of said appeal shall be required. If after the meeting with the owner or lessee, the City Manager upholds the determination of the law enforcement or fire chief, he shall notify the owner or lessee that the City Attorney shall file suit for collection of the fee, together with all costs incurred, in- cluding attorney's fees. Sec. 654.19 Telephone Alarm Devices. Telephone alarm de- vices will be so constructed or installed so as to not seize or otherwise hold or pre -empt the telephone lines of the police or fire department. Sec. 654.21 Penalties. It shall be unlawful for any person to violate or fail to comply with any of the provisions of this Chapter, and any violator shall be subject to the penalties pro- vided in this Chapter including fees for false alarms, disconnection of alarms and costs and attorney's fees to enforce this Chapter. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. Severability. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordi- nance is invalid or unconstitutional, the remainder of the ORDINANCE NO. 18 -89 PAGE 4 OF 5 • Ordinance shall not be affected thereby and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be presumed that the City Council would have enacted the remainder of this Ordi- nance without said invalid or unconstitutional provision. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of January , 1990. First Reading 12 -19 -89 Posted: 12 -20 -89 Advertised: 12 -21 -89 Second Reading: 2-02 -90 NAME YES NO ARABIAN PORTER X X RANDELS absent SALAMONE fHURM X ORDINANCE NO. 18 -89 PAGE 5 OF 5