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Home My Public Portal AboutORD 81/01. Few (R ORDINANCE NO.81 -1 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR SHORT TITLE; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR REQUIREMENT FOR ALARM PERMIT; PROVIDING FOR EXEMPTION; PROVIDING FOR THE APPLI- CATION FOR ALARM PERMIT; PROVIDING FOR THE ISSUANCE OF ALARM PERMIT; PROVIDING FOR APPEALS; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGE; PROVIDING FOR INSPECTION; PROVIDING FOR REPORTING SERVICING INFORMAATION; PROVIDING FOR PROHIBITIONS; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Police Department of the Town of Gulf Stream has indicated that improper installation, maintenance, and use of burglar alarms in the Town has resulted in a tremendous number of "false alarms" being signaled to which the Police Department must respond; and WHEREAS, the response to any alarm necessitates a deple- tion in the Police Department from its routine and necessary duties; and WHEREAS, the Police Department has indicated that virtuall, all alarms so activated are caused by defects in the alarms them- selves or in their installation, maintenance, or use, rather than by burglaries; and WHEREAS, reasonable regulation of alarm businesses should result in a significant decrease in false alarms with a resultant savings in public resources. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, that: Section 1. Short Title: This Ordinance may be cited as "The Burglar Alarm Ordinance ". Section 2. Definitions: As used in this Ordinance the following words shall have the meanings ascribed to them by this Section: (a) "ALARM" shall mean any device which is designed and used in a building for the detection and alerting of others of unauthorized entry, or any other crime, and which emits a sound, signal, or message, when activated. (b) "ALARM BUSINESS" shall mean any person licensed to sell, lease, maintain, service, repair, alter, replace, move or install any alarm for any building, place or premises. (c) "ALARM USER" shall mean any person using an alarm. (d) "CLASS 'A' ALARMS" shall mean all those activated alarms which appear to have been activated by forced or illegal entry. (e) "CLASS 'B' ALARMS" shall mean all activated alarms which do not qualify as Class "A" alarm responses. (f) "PERSON" shall mean an individual, partnership or corporation. Section 3. Requirement for Alarm Permit: It shall be unlawful for any person to have an alarm set up to be operational unless that person first obtains an alarm permit from the Town. Those persons presently maintaining an alarm within the Town shall have sixty (60) days from the effective date of this Ordinance in which to file for an alarm permit. Section 4. Exemption: This Ordinance shall not apply to the alarms attached to motor vehicles or to publicly -owned property. Section 5. Application for Alarm Permit: Applications fo alarm permits shall be made to the Chief of Police on forms provided by the Chief. Each application shall be accompanied by a fee of TEN ($10.00) DOLLARS. The application shall state the name, address and telephone number of the applicant's property to be serviced by the alarm, and the name, address and telephone number of the applicant's residence, if different. If the applicant's alarm is installed or serviced by an alarm business, then the applicant shall also include the name and address of that business. A permit cannot be issued if the alarm business intended to be used is not licensed by the Town. Section 6. Issuance of Alarm Permit: The Chief of Poli shall issue an alarm permit only after receiving the completed applications and only after the Chief determines that the proposed alarm will be correctly installed, maintained and used. Any denial shall give definite reasons. An application for the alarm permit may be denied if an applicant falsifies any information on the application and a knowing falsification shall be a violation of this Ordinance. The Chief may consider the type of alarm and its history of functioning correctly, its proposed method of installa- tion and any other pertinent factors. Section 7. Appeals: Any applicant who is denied an alarm permit may seek review of his denial by certiorari in the Circuit Court after first appealing to the Town Commission. Section 8. Revocation of Permit: An alarm permit may be revoked by the Chief of Police if the alarm user or his designated agent: (a) Fails to respond to his activated alarm within a reasonable time when requested to do so by the Police Department; or (b) Refuses to allow the Police Department to conduct a reasonable inspection of the installed alarm pursuant to Section 11 of this Ordinance; or (c) When his alarm system has signaled more than ten (10) Class "B" alarms to which the Police Department responds within a period of six (6) consecutive months; or (d) When an alarm user has been found to have falsified information on the alarm users permit application. Section 9. Reinstatement: If a permit has been revoked due to excessive alarms, reinstatement can be obtained only if a licensed alarm company inspects or repairs the system and submits a report to the Police Department stating what has been done to correct the problem and that the system is in working order. If the alarm is maintained by that user and he refuses to redesign or make any changes that a licensed alarm business recommends or will not allow a licensed alarm business to inspect or repair the system then any Class "B" alarm received by the Police Department while the permit is revoked will require payment of a Fiftv ($50.00)Dolla fee. Any alarm user found to be operating an alarm in violation of the alarm user's permit will pay a fine of Twenty -five ($25.00) Dollars to be added to the original Ten ($10.00) Dollars in order to be reinstated. Section 10. Service Charge and Appearance Request: It is hereby found and determined that four (4) Class "B" alarms wit six ---(6) months is excessive and constitutes a public nuisance. A fee shall be charged to the alarm user ofr any Class "B" alarms after the allotted amount of four (4). The fee, not to exceed Twenty -five ($25.00) Dollars per alarm, shall be paid to the Town of Gulf Stream as a service charge for each excessive alarm so signaled. Section 11. Exemption Hearing: Any alarm user whose permit has been revoked may appeal such action by filing an Application for Hearing before the Town Commission within thirty (30) days, or later if said period is extended by the Town Commis- sion. At the hearing, the user may present evidence and witnesses to support his claim that the revocation was unwarranted. The burden of proving that such action was improper falls upon the appellant. After hearing the presentation, and after taking into consideration all other factors which it deems relevant, the Commis sion may recommend a course of action to the Chief of Police. Section 12. Reporting Servicing Information: Each alarm user shall maintain a current information card with the Police Department, containing his name, address and telephone number as well as the name, address and telephone number of the person or persons who can render service to the alarm system at any hour of the day or night. Each alarm user shall immediately inform the Police Department of any and all changes in the information on file with the Police Department regarding such permit. Failure to so inform the Police Department may constitute grounds for revo- cation of the permit. Section 13. Prohibitions: All audible alarms on the outside of a building must cut off automatically no longer than thirty (30) minutes after being set off. Section 14. Criminal Penalties: A violation of this Ordinance shall be punishable according to law. Section 15. Limitation of Liability: Neither the Police Department nor the Town of Gulf Stream shall be under any obligation or duty to an alarm user or to any other person here- under by reason of this Ordinance. The Police Department and the Town specifically disclaim liability for any damages which may be caused by failure to respond to an alarm. Section 16. Severability: If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any yeas held to be declared unconstitutional, inoperative or void, such holdings shall not effect the remainder of this Ordinance. Section 17. Codification: This Ordinance upon approval shall be codified into the Code of Ordinances of the Town of Gulf Stream. Section 18. Effective Date: The provisions of this Ordinance shall become effective upon passage and approval as provided by law. PASSED AND ADOPTED ON JUNE , 1981. ST: wn Cler SECOND READING THIS 12th DAY OF TOWN OF GULF STREAM Y 0 R ZZ4