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HomeMy WebLinkAboutOrdinance 278 Alarm Systems . . ORDINANCE NO. 278 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADDING SECTION 9-32 PROVIDING FOR ALARM SYSTEMS; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, malfunctions of privately owned alarm systems are causing substantial misuse of the manpower and resources of the City of Winter Springs, Florida, by requiring responses to numerous false alarms, and WHEREAS, telephone alarm devices regulated or programmed to make connection with the police department could preempt police depart- ment telephone lines to the exclusion of other calls, and WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that false alarms and use of telephone alarm devices create a threat or potential threat to the health, safety and wel- fare of the people of the City of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - The Code of the City of Winter Springs, Florida, is hereby amended by the adoption of Section 9-32 "Alarm Systems" to read as follows: SECTION 9-32 ALARM SYSTEMS (a) Definitions (1) Alarm - A signal (audio or visual, recorded or live) transmitted to the Winter Springs Police or Fire Departments indicating a predetermined condition. Said alarm is received either (1) via telephone line to a designated position on an alarm panel. (2) Via a private alarm service company relayed to the Winter Springs Police or Fire Depart- ment telephone. (3) Via an automated telephone alarm system, playing a recorded message when received on the Winter Springs Police or Fire Depart- ment telephone. (4) Via an audible/visual signal relayed to the City of Winter Springs Police or Fire Department by a third party. (2) False Alarm - The activation of an alarm, by any means, which does not represent the designed condition. (3) Burglary Alarm - An alarm system designed to indicate a condition of forced entry, or attempted forced entry. (4) Robbery Alarm - An alarm system designed to indicate a robbery (hold-up) is in progress or over with. (5) Fire Alarm - An alarm system designed to indicate the presence of fire and/or smoke. (6) Telephone Alarm System - Any alarm system which automatically transmits by telephone line a recorded electronic or mechanical signal to a telephone instrument at the Winter Springs Police or Fire Department. Such system to be totally automated and require no relaying or action by a human being. (b) Duty of Owner of Lessee Of Premises: (1) Prior to the installation or substantial modification or use of an alarm system which is defined in Sec.9-32(a) (1) the owner or lessee of the premises shall furnish the Winter Springs Police and Fire Department with such information as the departments deem necessary to provide adequate response to the alarm. Newly installed or substantially modified systems shall be allowed to operate for a period of thirty (30) days from the date of installation or modification without penalty for false alarms, provided the police and fire departments are notified of the installation or modification in advance of same. (2) Owners or lessees of existing alarm systems as defined in Sec. 9-32(a)(1) or (3) shall have sixty (60) days from the date of this chapter to comply with the above notice reqirements. (3) Owners or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or dis- able the alarm system within one (1) hour of notification. Failure to provide such response shall result in a charge of $50.00 for each such occurrence. (4) The operator of every place of business which utilizes an alarm system, as defined in Sec.9-32(a) (1) 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. (5) 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, so as to automatically shut off the audible or visual signal at the conclusion of said longer required operating time. (c) Response to Alarms, Corrective Action, Reports Required and Fees Charged. (1) For each response by the Police Department to an alarm, the department will cause a report to be filed, classifying the alarm as one of the following: (a) False alarm or system test with no notification (b) Valid alarm for cause designated (2) Upon the reception of a third false alarm within six (6) months, the Police Department shall issue a warning notice to the owner or lessee or manager of the premises involved. The owner or lessee or manager shall file a written report with the Police Department within five (5) working days indicating any and all measures taken to reduce false alarms. (3) There shall be a service fee charged for false alarms according to the following schedule: First Response (none in last six months) - No fee Second Response (within six months) - No fee Third Response (within six months) - Warning Fourth Response (within six months) - $100.00 fee Fifth Response and up (within six months) - $250.00 fee (4) If, within 10 days from the occurrence of a false alarm the owner or lessee or manager can demonstrate to the satisfaction of the Police Chief that the alarm system in question has actually been examined by a repair service authorized by the system manufacturer and either repaired, if said repaired malfunction was the cause of the false alarm, or certified that the system is in good working order, then providing the false alarm was not caused by employee error, said false alarm shall not be considered a false alarm for the purpose of Sec. 9-32(c) (3)above providing for the assessment of a service fee. (5) Upon failure of an owner or lessee or manager of a premises to pay any fee specified above within ten (10) days the Chief of Police shall be authorized to disconnect or order the disconnection of the alarm system, and it shall be unlawful to reconnect or fail to disconnect such alarm system unless and until appropriate corrective action has been taken and such connection of an alarm system is authorized by the Chief of Police. No disconnection or deactivation shall be ordered or made as to any premises required by law to have an alarm system in operation. The owner or lessee or manager shall be responsible for all costs incurred in collecting the service fee including attorney's fees. SECTION II - All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III - If any section or portion of a section or sub- section of this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or sub-section or part of this ordinance. SECTION IV - This ordinance shall take effect upon final passage and adoption. PASSED and ADOPTED this 25th day of October, 1983. PASSED and ADOPTED this 27th day of November, 1984. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 9/13/83 Posted 9/17/83 Publish Reading and Second Reading 10/25/83 TELEPHONE (305) 327-1800 'vVlNTER SPRiNGS. F~ORIDA ZIP CODE 32108 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is heLeby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADDING SECTION 9-32 PROVIDING FOR ALARM SYSTEMS; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, Oct. 25. 1983 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this (;2 ~ .day of September , 19 83. CITY OF WINTER SPRINGS, FLORIDA ')Mi~ '7 ~ Mary T. Norton, City Clerk PublUbed Daily Altamonte Sprinp, SemiDoIe County, Florida I~\;~ \'" . L ~ \l'\Vllfe n .c...I.~ ~ ~~ ).,8 , .h'_~ ...,~ .~ ~~! ~ i'{:;~, ADVERTISING CHARGE $17.40 . The Orlando Sentinel ~tate of JFIoriha} SS. COUNTY OF ORANGE 0: PT . ",1'19'83. ' ';'\.1' "_ Before the undersigned authority personally appeared Betty Ponder (iT'! lif Vmm:R SPRINGS C,TJho ~&~~th says that in the Court, - - CITY OF WINTER SPRINGS. FLORIDA NOTICE OF PUBLIC ~RING NOTICE 1$ hereby gl\l." by the City Commission 01 the City 01 Winter Springs. FJor!da,that ~ Co<!1mi8Sion will hOkl,a public hear\f\g on an ordI- nance enlllled: . AN ORDINANCE OF. THE CITY OF WINTER SPRINGS, FLORIDA,' ASDING $ECTJON. 9-32 PI'lOVID- ING FOR flLARM SYSTEMS; SEV- ERABILITY; CONFLICTS AND EF- FeCTIVE DATE. This Public Huringwill be held at . 7:3l};p.m;.0!\ T~ay, qct.~, 1Q83, or as SO!)/l ,t!18realter as po8Sible in i the. COft!ifti~'CI!~~j~~~' ,400 N, ~ /we., WinletsPrJngS, . FIorida.' . '.. . . ..... . ~lnllle-:=t(~~= . tor:1nlljlll!ltlon. ~~ may ~r.~J~~ft'I~i:ncs(>ft'P=~ ~~;~ th....~ State L~ if you decide. to ~. a deci- $iOn. "*"_ With reepect to this matter, you. wilt.~a TeCOrd 91 the proceed- Ings and rrilIy f'I8l!lI to ensure thet a verb_1m record is. made. ..' Datect1his 2tl day of September, 1983. . CITY.OF WINTER SPRINGS, . FLORIDA . Is/MaryT. Norton Mary T, NQrton, City Clerk L8-S76(Ss) 0C1.2,1983 she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being A Not ice 0 f Pub 1 i c H ear in g in the matter of Ordinance providing for alarm systems was published in said newspaper in the issues of Oct. 2, 1983 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~~ y;~u/ Sworn to and subscribed before me this 5th day of October 83 , . '~:;VL d ~NJJ.' P""i.e. ",,'f/;!!;,Yfjbtii B:e~O~brl)~l;s=>n ~":Ji:(', Ji~I>:' J.3~ 1. Large t\irrcricnl1 F Ire & Casua,ty Co. FORM NO. AD-264 ~