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4286 Fire Alarm Feesf'a a �1 Ordinance No. 2013 -4286 An ordinance of the City of Sanford, Florida, relating to false alarm charges and fees; providing for legislative findings and intent; amending the provisions of Chapter 78, Article II, Code of Ordinances of the City of Sanford; providing for police and fire alarm charges and fees and requirements; providing for duties and obligations; providing for the adoption of administrative rules and the taking of administrative actions; providing for liens; providing for conflicts; providing for a savings provision; providing for codification; providing for severability and providing for an effective date. Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. False Alarm Fees. Chapter 78, Article II, Code of Ordinances of the City of Sanford, is amended to read as follows: ARTICLE II. — POLICE FALSE ALARM FEES Sec. 78 -31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and D ough shall constitute deletions to the original text. 1 2 Alarm means a signal (audio or visual, recorded or live) transmitted to the Emergency Communications Center indicating a predetermined condition such as a need for police or fire assistance in the nature of a burglar alarm, robbery alarm or fire alarm Such 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 a the City Pel+se —dot telephone or other communication device (3) Via an automated telephone alarm system, playing a recorded message when received on a the City PEAGe departmeR telephone or other communication device (4) Via an audible /visual signal relayed to the Emergency Communications Center S+fy by a third party. Burglar alarm means an alarm system designed to indicate a condition of forced entry, or attempted forced entry. False alarm means the activation of an alarm, by any means, which does not represent the designated condition. Fire alarm means an alarm system designed to indicate the presence of a fire or other life safety issue or threat to property. Robbery alarm means an alarm system designed to indicate the presence of robbers. Telephone alarm system means any alarm system which automatically transmits by telephone line a recorded electronic or mechanical signal to a telephone instrument located at the Emergency Communications Center the Gity PGliGe depaFtFnen , such For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethmugh shall constitute deletions to the original text. �3 system to be totally automated and require no relaying or action by a human being. Sec. 78 -32. - Duties of owner or lessee of premises. (a) Prior to the installation or substantial modification or use of an alarm system which 6 s defined in seGfien 78 31, the owner or lessee of the premises shall furnish the City Police Department with regard to a burglar alarm or robbery alarm (or alarm of a similar nature) or the City Fire Marshal with regard to a fire alarm (or alarm of a similar nature), with such information as the Department or Fire Marshal, as appropriate, deems necessary to provide adequate response to the alarm. Newly installed or substantially modified systems shall be allowed to operate for a period of 30 days from the date of installation or modification without penalty for false alarms, provided the Ci_� pel+se dot is appropriately notified in advance of the installation or modification in (b) OwneF6 or lessees of existing alarn; systems shall have 60 days #Gm the date of the subseGtiGR (a) of this seGtien. {c4 Owners or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or disable the alarm system, within one hour of notification or such other less period of time as directed by City personnel in order to protect the public health, safety or welfare Failure to provide such response shall result in a charge of a fee $50.00 for each such occurrence as set forth in a resolution adopted by the City Commission and such other requirements as may be set forth in For the purposes of this Ordinance, underlined type shall constitute additions to the original text, " ** shall constitute ellipses to the original text and 6tFikethrough shall constitute deletions to the original text. Pa«e 14 the resolution The City Manager is hereby authorized to establish the amount of the fee until the City Commission adopts a resolution establishing, or amending, the amount of the fee. Lcj (d) 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 15 minutes, except those systems required by law to have a longer operating period, in which case the system shall be so equipped so as to automatically shut off the audible or visual signal at the conclusion of such longer required operating time. (e) All alarm systems shall be properly maintained. System malfunctions due to faulty maintenance shall not be grounds for an excused false alarm. The Police Department or Fire Marshall, as appropriate, shall determine those hours and dates during which inclement weather may impact the proper operation of an alarm system, and false alarms occasioned thereby shall not result in issuance of a warning notice or imposition of a service fee. (f) Any person who summons or in any way causes to be summoned, City personnel to a site by means of any alarm recognizes that the City shall not be liable for any resulting actions or events pertaining to the City's means or methods of responding to the alarm regardless of the circumstances, actual or perceived, at the site at the time of arrival at the site of the alarm and regardless of processes, procedures or protocols that may have been pertinent to a particular event or circumstance. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and stFikethrough shall constitute deletions to the original text. 1 a,, e 15 Sec. 78 -33. - Response to alarms; corrective action; fee schedule. (a) Registration of system required. Prior to the installation or use of an alarm system, the owner or lessee of the premises shall register the alarm system with the City Police Department or Fire Marshall, as appropriate, and furnish the Police Department or Fire Marshall, as appropriate, with such information as the CSC department deems necessary to provide adequate response to the alarm. (b) Existing systems. Owners or lessees of existing alarm systems shall have until March 31, 2013 is- detived to comply with the registration and notice requirements in of this section. (c) Response to alarm by owner or lessee of premises. Owners and /or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or disable the alarm, within one hour of activation or such other less period of time as directed by City personnel in order to protect the public health, safety or welfare (d) Failure to register. Failure to provide such information and registration as required fequested in this Section may s#afl result in non - response to that alarm system and the City shall assume no responsibility relative to such unregistered systems (e) Classification of alarms. For each response by the PGliGe departm to an alarm, the C.�C department will cause a report to be filed, classifying the alarm as one of the following: (1) False alarm or system test with no notification. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and stFikethrGugh shall constitute deletions to the original text. Pa- �6 (2) Valid alarm for cause designated. (f) Warning notice. Upon the reception of a false alarm or system test with no notification, the CSC PGliGe departmen shall issue a warning notice to the owner or lessee or manager of the premises involved, which warning notice shall require that the alarm system be inspected and /or serviced within five working days. (g) False alarm service fee. There shall be a service fee charged for false alarms according to a fee the followi schedule established by resolution adopted by the City Commission. = The City Manager is hereby authorized to establish the amount of the fee until the City Commission adopts a resolution establishing, or amending, the amount of the fee. (1 \ C� seGond and thiFd response (within last sox m on ths ). Warn — e For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethFeUgh shall constitute deletions to the original text. - • - - - - .r :MAc� For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethFeUgh shall constitute deletions to the original text. Pa =e 17 Sec. 78 -34. - Discontinuance of pr response. Failure of the owner to correct malfunctions or pay such fees as made applicable by this Article may result in the CSC PGliGe departmen not being required to respond to the alarm location based upon the operation demands and requirements of the City as determined by the City Telephone alarm devices Gras to shall not seize or otherwise hold or preempt the telephone lines of any City office the Gity PGliGe depaFtrneR . Any person who summons, or in any way causes to be summoned, City personnel to a site by means of any alarm, recognizes that the City shall not be liable for any resulting actions or events pertaining to the City's means or methods of responding to the alarm regardless of the circumstances, actual or perceived at the site at the time of arrival at the site of the alarm, or for any non - response by the City to any summons, regardless of reason, processes, procedures or protocols that may have been pertinent to a particular event or circumstance. Sec. 78 -35. —Administrative rules. The City Manager, or designee, is authorized to adopt and implement administrative rules that implement the provisions of this Ordinance. Sec. 78 -36. — Special assessment/municipal liens. The charges set forth herein shall be assessed by the City against the property that was served by a response to an alarm as special assessment/municipal liens in accordance For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and stFikethrGugh shall constitute deletions to the original text. Pa «e 18 with the provisions of the City Code relating to such liens. Section 3. Conflicts. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed and the City Code codifier is hereby directed to take all actions necessary to implement the provisions of this Ordinance in that regard. Section 4. Savings. The prior actions of the City of Sanford relating to charges for false alarms, actions taken relative to false alarms as well as related matters and processes are hereby ratified and affirmed. Section 5. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained, that the provisions of this Ordinance shall be codified into the Code of Ordinances of the City of Sanford; provided, however, that Sections 3, 4, 5, 6 and 7 shall not be codified. Additionally, the code codifier shall have liberal authority to codify the provisions of this Ordinance. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and str-ik through shall constitute deletions to the original text. Section 7. Effective Date. Page 19 This Ordinance shall take immediate effect upon enactment. Passed and adopted this 11th day of March, 2013. Attest: City Commiss n of the City of Sanford, Florid Janet Dougherty, Cit Clerk Jeff Approved as to form and legal sufficiency. William L. Colbert, City Attorney For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and 6#ikethrough shall constitute deletions to the original text.