HomeMy WebLinkAbout1999-1012 / 29 / 98 (ord \ alarm) Ow
AN ORDINANCE OF INDIAN RIVER COUNTY
FLORIDA, ESTABLISHING REGULATIONS
GOVERNING r RESPONDED TOBY
ENFORCEMENT
r INDIAN RIVER
WHEREAS, up to 99 percent of alarm signals are false alarm signals; and
WHEREAS, responding to these false alarms is a waste of manpower; and
WHEREAS, other Florida counties with similar experiences have adopted
ordinances similar to this ordinance with the result that there has been a dramatic
decrease in the number of false alarms; and
WHEREAS, the Board of County Commissioners determines that it is in the
public interest to regulate alarms,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
Current Chapter 301, False Alarms, of the Indian River County Code is
hereby amended by entitling present Sections 301.01 through 301.08 "Part I - False Fire
Alarms" and by adopting Exhibit A as "Part II - False Alarms - Law Enforcement."
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is
for any reason held to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this ordinance, and it shall be construed to have been
the legislative intent to pass the ordinance without such unconstitutional, invalid or
inoperative part.
S
12/29/98(ord\a1arm)0w
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect">_� u n e 1 , 1999.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk with
the Office of the Secretary of State of the state of Florida within ten days after
enactment, and this ordinance shall take effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 2 3day of M a r c h 31999.
This ordinance was advertised in the Vero Beach Press Journal on the 12 day
of M a r c h 1999, for a public hearing to be held on the 2_ day of
March 1999, at which time it was moved for adoption by Commissioner
Adams , seconded by Commissioner T i p p i n , and adopted by the
following vote:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran Adams Aye
Commissioner John W. Tippin Aye
Commissioner Caroline D. Ginn Aye
Commissioner Ruth M. Stanbridge Aye
The Chairman thereupon declared the ordinance duly passed and adopted this
2 3 day of March , 1999.
Attest:
w . �
jef�yton, C
_ BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
4p
14
y
Kenneth R. Macht, Chairman
41119
Effective date This ordinance was filed with the Department of State on
1 day of
1999; however, the ordinance shall not become effective until .3 u n e
1999.
Exhibit A
To Ordinance 99m
SECTION 1. PURPOSE
(B) This ordinance governs systems intended to summon law enforcement response,
requires permits, establishes fees, provides for penalties for violations, establishes a system of
administration, and sets conditions for suspension or loss of permits.
SECTION 2. DEFINITIONS
In this ordinance:
(A) Alarm Administrator means a person or persons designated by the Sheriff to
administer, control and review alarm applications, permits and alarm dispatch requests.
(B) Alarm Business means the business, by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or monitoring an alarm system at an alarm site.
(C) Alarm Dispatch Request means a notification to law enforcement office by the
alarm business that an alarm, -either manual or automatic has been activated at a particular alarm
site.
(D) Alarm Review Board shall consist of five members as follows: the Alarm
Administrator, a Sheriffs Office representative designated by the Sheriff, a local alarm business
representative appointed by the local alarm association, and two (2) members of the public at
large, appointed by the Sheriff.
(E) Alarm Site means a single premises or location served by an alarm systems.
Each tenancy, if served by a separate alarm system in a multi tenant building or complex shall be
considered a separate alarm site.
(A)
The purpose
of
this ordinance is
to encourage alarm
t1sers and alarm
businesses
to
maintain the
operational
reliability
and
properly
use alarm systems
and to reduce or eliminate
false alarm
dispatch requests.
(B) This ordinance governs systems intended to summon law enforcement response,
requires permits, establishes fees, provides for penalties for violations, establishes a system of
administration, and sets conditions for suspension or loss of permits.
SECTION 2. DEFINITIONS
In this ordinance:
(A) Alarm Administrator means a person or persons designated by the Sheriff to
administer, control and review alarm applications, permits and alarm dispatch requests.
(B) Alarm Business means the business, by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or monitoring an alarm system at an alarm site.
(C) Alarm Dispatch Request means a notification to law enforcement office by the
alarm business that an alarm, -either manual or automatic has been activated at a particular alarm
site.
(D) Alarm Review Board shall consist of five members as follows: the Alarm
Administrator, a Sheriffs Office representative designated by the Sheriff, a local alarm business
representative appointed by the local alarm association, and two (2) members of the public at
large, appointed by the Sheriff.
(E) Alarm Site means a single premises or location served by an alarm systems.
Each tenancy, if served by a separate alarm system in a multi tenant building or complex shall be
considered a separate alarm site.
Exhibit A
To Ordinance 99.
(1F) Alarm System means a device or series of devices, including, but not limited to,
systems interconnected with radio frequency signals, which are designed to discourage crime, by
emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm
condition. Alarm system does not include:
an alarm designed
to alert
only the inhabitants
of
a premises
that
does
not
have a sounding
device
which
can be heard
on the exterior
of
the alarm site.
fire and emergency medical (Life Line) systems.
(G) Alarm User means any person, firm, partnership, corporation or other entity who
(which) uses an alarm system at it's alarm site.
(H) Sheriff means the Sheriff of the county or an authorized representative.
(1) Conversion means the transaction or process by which one alarm business begins
monitoring of an alarm system previously monitored by another alarm business.
(.n Duress Alarm means a silent alarm signal generated by the manual activation of a
device intended to signal a crisis situation requiring law enforcement response.
(K) False Alarm Dispatch means an alarm. dispatch request to a law enforcement
agency, when the responding officer finds no evidence of a criminal offense or attempted
criminal activity after having completed a timely investigation of the alarm site. An alarm
dispatch request which is canceled by the alarm business or the alarm user prior to the time the
responding officer reaches the alarm site shall not be considered a false alarm dispatch.
(L) False Alarm User Awareness Class means a class operated by the Sheriffs Office
for the purpose of educating alarm users about the problems created by false alarm dispatches
and in the responsible use of their alarm system.
(M) Holdup Alarm means a silent alarm signal generated by the manual activation of a
device intended to signal a robbery in progress.
(N) Keypad means a device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
(0) Monitoring means the process by which an alarm business receives signals from
alarm systems and relays an alarm dispatch request to the city for the purpose of summoning
Page 2
S
Exhibit A
To Ordinance 99 -
police response to the alarm site.
(P) One Plus Duress Alarm means the manual activation of a silent alarm signal by
entering at a keypad a code that adds one to the last digit of the normal arm/disarm code (normal
code = 1234 one plus duress code = 1235).
(Q) Person means an individual, corporation, partnership, association, organization or
-similar entity.
(R) Takeover
means
the transaction
or process
by which an alarm
takes
user over
control
of an existing alarm
system
which
by
was previously
controlled another
alarm user.
(S) Verify means an attempt to avoid an unnecessary alarm dispatch request. The
alarm business, or it's representative, must attempt to contact the alarm site by telephonic or other
electronic means (whether or not actual contact with a person is made), in an attempt to avoid an
unnecessary alarm dispatch request.
SECTION 3. PERMIT REQUIRED; APPLICATION; FEE;
TRANSFERABILITY; FALSE STATEMENTS.
(A) No alarm user shall operate, or cause to be operated, an alarm system at it's alarm
site without a valid alarm permit issused by the Alarm Administrator. A separate permit is
required for each alarm site.
(B) The initial and annual renewal fee for a permit for an alarm site is $30.00; no
refund of a permit fee will be made. The initial annual permit fee and registration information
must be submitted by the alarm company to the Alarm Administrator within fifteen (15) calendar
days after the alarm installation or alarm takeover. Failure to provide information by the alarm
company to the user that registration by the user is required will result in a $90.00 fine to that
alarm company. Subsequent annual registrations will be required by the alarm holder upon
notification by the Alarm Administrator, as noted in Section 4 of this ordinance.
(C) Upon receipt of a completed application form and the permit fee, the Alarm
Administrator shall issue an alarm permit to an applicant unless the applicant has:
(1) failed to pay a fine assessed under Section 11 or,
(2) had an alarm permit for the alarm site suspended or revoked, and the
violation causing the suspension has not been corrected.
Exhibit
A
(4)
from
To Ordinance
signed
99-
certification
(D) Each permit application, either new construction or existing structure, must
include the following information:
(1) the name, address, and telephone numbers of the person who will be
the permit holder and be responsible for the proper maintenance and
operation of the alarm system and payment of fees assessed under this
article;
(2) the classification of the alarm site as either residential, commercial or
apartment;
(3) for each alarm system located at the alarm site, the purpose of the alarm
system; i.e., burglary, holdup, or other;
(a) the date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b) the name, address, and the phone number of the alarm business
performing the alarm system installation, conversion or alarm
system takeover and responsible for providing repair service to
the alarm system;
(c) the name, address, and phone number of the alarm business
monitoring the system if different from the installing alarm
business;
(d) that a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have
been left with the applicant; and
(e) that the alarm business has trained the applicant in proper use of
the alarm system, including instructions on how to avoid false
alarms.
(4)
from
signed
(5) classification
certification
of the alarm
being
the alarm user
and
the
alarm business
stating:
non -equipped
for
(a) the date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b) the name, address, and the phone number of the alarm business
performing the alarm system installation, conversion or alarm
system takeover and responsible for providing repair service to
the alarm system;
(c) the name, address, and phone number of the alarm business
monitoring the system if different from the installing alarm
business;
(d) that a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have
been left with the applicant; and
(e) that the alarm business has trained the applicant in proper use of
the alarm system, including instructions on how to avoid false
alarms.
(E) Any false statement of a material matter made by an applicant for the purpose of
(5) classification
of the alarm
being
site as
equipped
or
non -equipped
for
duress business.
(E) Any false statement of a material matter made by an applicant for the purpose of
Exhibit A
To Ordinance 99 -
obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and shall fall
under Section 17. VIOLATIONS, and subject to fine.
(G) All fees owed by an applicant must be paid before a permit may be issued or
renewed. .
(H) Information contained in permit applications shall be held in confidence by all
employees or representatives of the agency with access to such information.
SECTION 3.1 ALARM SYSTEMS IN APARTMENT COMPLEXES -
CONTRACTED FOR BY INDIVIDUAL TENANT.
(A) If an alarm system installed by an individual tenant in an apartment complex unit
is monitored, the tenant must provide the name of a representative of the apartment owner or
property manager who can grant access to the apartment to the alarm business which is providing
the monitoring service.
(B) A tenant of an apartment complex shall also obtain an alarm permit from the
Alarm Administrator before operating or causing the operation of an alarm system in the tenant's
residential unit. The annual fee for this permit or the renewal of this permit shall be the same as
for a residential or commercial alarm site.
(C) For purposes of enforcing this article against an individual residential unit, the
tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's
residential unit.
SECTION 3.2 ALARM SYSTEMS IN APARTMENT COMPLEXES - FURNISHED
BY THE APARTMENT COMPLEX AS AN AMENITY.
(A) If the owner or property manager of an apartment complex provides alarm
systems in each residential unit as an amenity, then the owner or property manager of the
apartment complex shall obtain a master alarm permit from the Alarm Administrator. The initial
fee for this permit shall be $100.00 and $10.00 dollars per residential unit. All this, whether
occupied or not, shall be included in calculating the required fee. This fee will be charged in lieu
of the $30.00 per residential permit:
(F)
An alarm
permit
cannot be transferred
to another
An alarm
person.
user
shall
inform
the Alarm
Administrator
of any change that
alters any information
listed on the
five
business
days.
permit
application
within
(5)
(G) All fees owed by an applicant must be paid before a permit may be issued or
renewed. .
(H) Information contained in permit applications shall be held in confidence by all
employees or representatives of the agency with access to such information.
SECTION 3.1 ALARM SYSTEMS IN APARTMENT COMPLEXES -
CONTRACTED FOR BY INDIVIDUAL TENANT.
(A) If an alarm system installed by an individual tenant in an apartment complex unit
is monitored, the tenant must provide the name of a representative of the apartment owner or
property manager who can grant access to the apartment to the alarm business which is providing
the monitoring service.
(B) A tenant of an apartment complex shall also obtain an alarm permit from the
Alarm Administrator before operating or causing the operation of an alarm system in the tenant's
residential unit. The annual fee for this permit or the renewal of this permit shall be the same as
for a residential or commercial alarm site.
(C) For purposes of enforcing this article against an individual residential unit, the
tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's
residential unit.
SECTION 3.2 ALARM SYSTEMS IN APARTMENT COMPLEXES - FURNISHED
BY THE APARTMENT COMPLEX AS AN AMENITY.
(A) If the owner or property manager of an apartment complex provides alarm
systems in each residential unit as an amenity, then the owner or property manager of the
apartment complex shall obtain a master alarm permit from the Alarm Administrator. The initial
fee for this permit shall be $100.00 and $10.00 dollars per residential unit. All this, whether
occupied or not, shall be included in calculating the required fee. This fee will be charged in lieu
of the $30.00 per residential permit:
Exhibit A
To Ordinance 99-
(B) For purposes of assessing fines and enforcing this article, the master alarm permit
holder is responsible for payment of fines for false alarm dispatches emitted from the alarm
systems in residential units if the false alarm is determined to be caused by faulty equipment
and/or installation; the fee for operator error shall be the responsibility of the tenant but will be
collected from the property manager/owner holding the master alarm permit.
(C) The owner or property manager of an apartment complex shall obtain a separate
alarm permit for any alarm system operated in a nonresidential area of the apartment complex,
including, but not limited to, common tenant areas and office, storage and equipment areas. An
annual fee for such a permit shall be the same as the fee for a residential or commercial alarm
site.
SECTION 4. PERMIT DURATION AND RENEWAL
(A) A permit shall expire one year from the date of issuance, and must be renewed
annually by submitting an updated application to the Alarm Administrator. The Alarm
Administrator shall notify each alarm user of the need to renew thirty (30) days prior to the
expiration of their permit. It is the responsibility of the alarm user to submit an application prior
to the permit expiration date. Failure to renew will be classified as use of a non -permitted alarm
system and citations and penalties shall be assessed without wavier. (See Section 17.
Violations).
(B) Any alarm user having no false alarms during the year will have the renewal fee
of $30.00 waived for each year following a zero false alarm year.
SECTION 5. PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE
(A) An alarm user shall:
(I) maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarm dispatches, and
(2) make every reasonable effort to respond or cause a representative to
respond to the alarm system's location within one hour when notified by the Sheriff s Office to
deactivate a malfunctioning alarm system, to provide access to the premises, or to provide
security for the premises, and
(3) not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
Exhibit A
To Ordinance 99.
(4) provide a "swing or shut down" option for active zones within the
(B) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted
so that an audible alarm signal on the exterior of an alarm site will sound for no longer than
fifteen (15) minutes after being activated.
(C) An alarm user shall have a properly licensed alarm business inspect his alarm
system after 2 false alarm dispatches in a one year period. After a 3rd false alarm dispatch, the
alarm user must have a properly licensed alarm business modify the alarm system to be more
false alarm resistant and/or provide additional user training as'appropriate. The alarm user shall
provide the Alarm Administrator with a corrective action report signed by the qualifying agent
for the alarm company; a copy will be forwarded to the Sheriff.
SECTION 7. DUTIES OF ALARM BUSINESS
(A) After July 1, 1999, alarm businesses shall not program alarm systems so that they
are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus
duress alarms received from alarm systems programmed with this feature prior to July 1, 1999.
However, when performing a takeover or conversion after July 1, 1999, an alarm business must
remove the one plus duress alarm capability from the alarm system being taken over or
converted.
(B) After July 1,1999 alarm businesses shall not install a device(s) for activating a
hold-up alarm which is a single action non recessed button.
(C) Any alarm company service technician that fails to place a system on "test" and
causes a false alarm dispatch, shall be assessed a $100.00 fine; a copy of the fine and notification
from the Alarm Administrator shall be sent to the alarm company owner/manager.
SECTION 8. ALARM SYSTEM OPERATING INSTRUCTIONS.
An alarm user shall maintain at each alarm site, a set of written operating instructions for
each alarm system.
SECTION 9. ALARM DISPATCH REQUEST RECORDS.
(A) The officer responding to an alarm dispatch request shall record such information
as necessary to permit the Alarm Administrator to maintain records, including, but not limited, to
the following information:
Exhibit A
To Ordinance 99-
(1) identification of the permit number for the alarm site;
(2) identification of the alarm site;
(3) arrival time at the alarm site and dispatch received time;
(4) date, and time;
(5) weather conditions;
(6) area and/or sub -area of premise involved;
(7) name of alarm user's representative on premises, if any;
(8) identification of the responsible alarm business, and/or;
(9) unable to locate the address.
(B) The responding law enforcement officer shall indicate on the dispatch record
whether the dispatch was caused by a criminal offense, an attempted criminal offense, or was a
false alarm dispatch. A copy will be provided by the Sheriffs Office to the respective alarm
company for informational purposes.
(C) In the case of an assumed false alarm dispatch, the responding law enforcement
officer shall leave notice at the alarm site that a law enforcement agency has responded to a false
alarm dispatch. The notice shall include the following information:
(1) the date and time of law enforcement response to the false alarm
dispatch,
(2) the identification number of the law enforcement officer, and;
(3) a statement urging the alarm user to ensure that the alarm system is
properly operated, inspected, and serviced in order to avoid fines per the
ordinance.
(D) Alarm businesses which perform monitoring services must maintain for a period
of at least one year following request for law enforcement dispatch to an alarm site, records
relating to the dispatch. Records must include the name, address and phone number of the alarm
user, the alarm system zone(s) or point(s) activated, the time of request for law enforcement
Exhibit A
To Ordinance 99-
SECTION 10, SYSTEM PERFORMANCE REVIEWS.
If there is reason to believe that an alarm system is not being used or maintained in a
manner that ensures proper operation and suppresses false alarms, the Alarm Administrator may
require a conference with an alarm user and the alarm business responsible for the repair of the
alarm system to review the circumstances of each false alarm.
SECTION 11. FALSE ALARM USER AWARENESS CLASS.
The administrator shall oversee the creation and implementation of a false alarm user
awareness class. The program shall inform alarm users of the problems created by false alarm
dispatchers and teach alarm users how to operate their alarm systems without generating false
alarm dispatches. The Alarm Review Board may waive fines and recommend the awareness
class, if deemed appropriate. The class will be held at different times to allow attendance and to
minimize scheduling conflicts.
There shall be a $35.00 administrative fee to attend the class; the fee will cover costs
associated with conducting the course, including all informational materials and handouts.
SECTION 12. FINES.
subject to fines, and warnings of suspension/ revocation of permit depending on the number of
false alarm dispatches emitted from an alarm system within a 12 -month period based upon the
following schedule:
Number of False
Alarm Dispatches Action Taken Fines
1 On site written notice/ warning letter #1
2 On site written notice/ warning letter #2
3 On site written notice/ warning letter #3
(May be waived if school attended)
4 On site written notice/ warning letter #4
(Mandatory attendance of school)
5 and above On site written notice of revoked permit
No Fee
No Fee
$100.00
$175.00
$250.00 ea
dispatch
and
evidence
that an attempt
to verify was made
to the alarm
site
to the request for
prior
law
dispatch.
The
Alarm
Administrator
enforcement
may
request copies
of
such
records
for
individually
named
alarm users.
SECTION 10, SYSTEM PERFORMANCE REVIEWS.
If there is reason to believe that an alarm system is not being used or maintained in a
manner that ensures proper operation and suppresses false alarms, the Alarm Administrator may
require a conference with an alarm user and the alarm business responsible for the repair of the
alarm system to review the circumstances of each false alarm.
SECTION 11. FALSE ALARM USER AWARENESS CLASS.
The administrator shall oversee the creation and implementation of a false alarm user
awareness class. The program shall inform alarm users of the problems created by false alarm
dispatchers and teach alarm users how to operate their alarm systems without generating false
alarm dispatches. The Alarm Review Board may waive fines and recommend the awareness
class, if deemed appropriate. The class will be held at different times to allow attendance and to
minimize scheduling conflicts.
There shall be a $35.00 administrative fee to attend the class; the fee will cover costs
associated with conducting the course, including all informational materials and handouts.
SECTION 12. FINES.
subject to fines, and warnings of suspension/ revocation of permit depending on the number of
false alarm dispatches emitted from an alarm system within a 12 -month period based upon the
following schedule:
Number of False
Alarm Dispatches Action Taken Fines
1 On site written notice/ warning letter #1
2 On site written notice/ warning letter #2
3 On site written notice/ warning letter #3
(May be waived if school attended)
4 On site written notice/ warning letter #4
(Mandatory attendance of school)
5 and above On site written notice of revoked permit
No Fee
No Fee
$100.00
$175.00
$250.00 ea
Exhibit A
To Ordinance 99 -
(Subsequent false dispatches will be fined as
operating a non-permited system; additional
violation fees will apply accordingly)
(B) In addition, any person operating a non -permitted alarm system (whether revoked,
suspended or never acquired) will be subject to a citation and assessment of a $200.00 fine and
an additional fine of $250.00 for each false alarm dispatch, in addition to any other fines
governed by this ordinance. The Alarm Administrator may waive this additional fine for a non -
permitted system if the alarm user applies for a permit within thirty (30) calendar days after such
violation; false alarm dispatches will continue to be fined.
(C) An alarm user may register for the false alarm user awarenss class prior to any
flase alarm dispatches, as a means to educate themselves and help to prevent false alarm
dispatches.
(D) Alarm dispatch requests, caused by actual criminal offense or with evidence of a
criminal attempt, shall not be counted as a false alarm dispatch.
SECTION 13. APPEAL FROM FINES/ GRIEVANCE PROCESS
(A)
An
alarm user may appeal
assessment
of a fine to the Alarm
Review
(E) The Alarm
Administrator
may reinstate a
suspended permit
upon receipt
of
acceptable evidence
that the
cause
has been addressed
and
appropriate corrective
action
has been
taken in Section
15.
for
a hearing setting
forth the reasons
for the appeal
as outlined
ten
within
SECTION 13. APPEAL FROM FINES/ GRIEVANCE PROCESS
(B) The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested person(s). The board shall make it's decision on the basis of the
preponderance of evidence presented at the hearing including, but not limited to, evidence that a
false alarm dispatch was caused by a defective part that has been repaired or replaced or that an
alarm dispatch request was caused by criminal offense. The Board shall reserve the right to call
upon the respective alarm company to provide a representative in order to verify attempts to
correct/not correct a failed system. The board must render a decision within thirty (30) days after
the request for an appeal hearing is filed. The board shall affirm, reverse or modify the
assessment of the fine, and/or inlcude attendance at the false alarm awareness school. The
decision of the Board is final as to administrative remedies.
(A)
An
alarm user may appeal
assessment
of a fine to the Alarm
Review
Board by
filing a
written
request
for
a hearing setting
forth the reasons
for the appeal
ten
within
(10)
working
days
after
receipt
of
the fine.
The filing
for
of a request
an appeal
hearing
with
the
Alarm
Review
Board
stays the assessment
of the
fine
until the Alarm Review
Board
final decision.
makes a
(B) The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested person(s). The board shall make it's decision on the basis of the
preponderance of evidence presented at the hearing including, but not limited to, evidence that a
false alarm dispatch was caused by a defective part that has been repaired or replaced or that an
alarm dispatch request was caused by criminal offense. The Board shall reserve the right to call
upon the respective alarm company to provide a representative in order to verify attempts to
correct/not correct a failed system. The board must render a decision within thirty (30) days after
the request for an appeal hearing is filed. The board shall affirm, reverse or modify the
assessment of the fine, and/or inlcude attendance at the false alarm awareness school. The
decision of the Board is final as to administrative remedies.
Exhibit A
To Ordinance 99 -
SECTION 14. REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT.
(A) In addition to suspension or revocation pursuant to Section 11, the Alarm
Administrator may suspend or revoke ari alarm permit if it is determined that:
(1) there is a false statement of a material matter in the application for a
permit;
(2) the permit holder has failed to make timely payment of a fee assessed
under Section 11 (B), or;
(C) Unless there is separate indication that there is a crime in progress, the Sheriff
may refuse law enforcement response to an alarm dispatch request at an alarm site for which the
alarm permit is revoked.
(D) If the alarm permit is reinstated pursuant to Section 15, the Alarm Administrator
may revoke the alarm permit if it is determined that 2 subsequent false alarm dispatches occur
within sixty (60) days after the reinstatement date.
SECTION 15. APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
(A) If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant of alarm
use and the alarm business. A copy will also be sent to the Sheriff for notification and
processing. -
his
is
A
person
commits
or revoked.
an offense if he operates an
alarm system during the
in
period
(C) Unless there is separate indication that there is a crime in progress, the Sheriff
may refuse law enforcement response to an alarm dispatch request at an alarm site for which the
alarm permit is revoked.
(D) If the alarm permit is reinstated pursuant to Section 15, the Alarm Administrator
may revoke the alarm permit if it is determined that 2 subsequent false alarm dispatches occur
within sixty (60) days after the reinstatement date.
SECTION 15. APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
(A) If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant of alarm
use and the alarm business. A copy will also be sent to the Sheriff for notification and
processing. -
his
is
which
alarm permit
suspended
or revoked.
(C) Unless there is separate indication that there is a crime in progress, the Sheriff
may refuse law enforcement response to an alarm dispatch request at an alarm site for which the
alarm permit is revoked.
(D) If the alarm permit is reinstated pursuant to Section 15, the Alarm Administrator
may revoke the alarm permit if it is determined that 2 subsequent false alarm dispatches occur
within sixty (60) days after the reinstatement date.
SECTION 15. APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
(A) If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant of alarm
use and the alarm business. A copy will also be sent to the Sheriff for notification and
processing. -
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending or
revoking a permit until the Board has completed its review. If a request for appeal is not made
within the twenty (20) day period, the action of the Alarm Administrator is final.
The applicant
or alarm
user
may appeal
the decision
of the Alarm
Administrator
Alarm
to
the
Review
Board
by filing
a written
request
for a
review
to the Sheriff
setting
forth
the
for
reasons
the
appeal
within
twenty
(20)
days
after
receipt
of
the notice
from the
Alarm
Administrator.
An
alarm
business
may submit
the request
for
behalf
review
on of
an alarm
user.
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending or
revoking a permit until the Board has completed its review. If a request for appeal is not made
within the twenty (20) day period, the action of the Alarm Administrator is final.
Exhibit A
To Ordinance 99-
(B) The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested person(s). The board shall make it's decision on the basis of a
preponderance of the evidence presented at the hearing including, but not limited to, certification
that alarm users have been retrained, that a defective part has been repaired or replaced, or that
the cause of the false alarm has been otherwise determine&and corrected. The Board reserves
the right to summon a representative of the alarm company to verify the above, protecting both
the alarm user and the alram company from any misrepresentation. The Board must render a
written decision within thirty (30) days after the request for an appeal hearing is filed. The Board
shall affirm, reverse, or modify the action of the Alarm Administrator. The decision of the Board
is final as to administrative remedies with the county.
SECTION 16. REINSTATEMENT OF PERMIT.
A person whose alarm permit has been revoked may be issued a new permit if the person.-
(1)
erson:
(1) submits an updated application, and;
(2) pays or otherwise resolves, all citations and fines, and;
(3) submits a notarized certification from an alarm business, that complies
with the requirements of this article, stating that the alarm system has been inspected and
repaired (if necessary) by the alarm business.
SECTION 17, ORDINANCE ADMINISTRATION; COLLECTION OF FINES AND
FEES
(A) (A) The Ordinance shall be administered by the Sheriffs Office who shall be
responsible for the issuance of all permits, administration of all funds collected and enforcement
of the ordinance guidelines.
(B) A Trust Fund shall be established by the Sheriff's Office to administer all monies
received thru the issuance of Alarm Permits. Revenue received shall be used only for the
administration of this Ordinance.
SECTION 18. VIOLATIONS.
(A) A person commits an offense if he violates by commission or omission any
provision of this article that imposes upon him a duty or responsibility and is subject to a fine not
more than $500.00 for each offense.
(B) There
will be
a ninety
(90)
day
grace
period from
the effective date
to educate
users and the alarm industry
once
the
ordinance
is passed. No fees
shall
be
during
period.
collected
this