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Home My WebLink About1991-215/14/91(DOCS1)Legal(Ob) r ORDINANCE 91-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 301 - WHEREAS, Indian River County is in the process of enacting a new code of Ordinances, and WHEREAS, this ordinance has for its purpose the editoria-I—trans-fe"f--the reguiatiotos—governing—Fa-I—se—kl-arms from the old code to the new code, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. NEW CHAPTER A new Chapter 301, False Alarms, as set forth in Attachment "A" to this ordinance is hereby adopted. SECTION 2. REPEAL Those portions of the Indian River County Code (1974) superseded or in conflict with the provisions herein adopted, in particular Chapter 112, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase or word—ofthi-S- ordinance is—for- any- reason—he-Fd—ta 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. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 14 day of __N, _N, 1991. This ordinance was advertised in the Vero Beach P-ress-Tourna-I on --the 12 Bay o"Pril , 1-941 , fo-r- a public hearing to be held on the _14 day of May 1991, at which time it was moved for adoption by SmeadSoft Reprint Date: Friday, August 23, 2013 - 11:46:01 - OfficialDocuments:620, Attachment Id 0, Page 1 Commissioner Bowman seconded by Commissioner Eggert and adopted by the following vote: Chairman Richard N. Bird Nan_ Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert AIL_ BOARD OF COUNTY COMMISSIONERS ATTE.F; ->; INDIAN-RfVER-COUNTY, FL -OR By 7,fiter2y ar onRichard N. 9T7r CI@rk� Chairman A�nowTedgment by the epar�f�State of the State Flo'r'ida, this 22nd day of ____ Man , 1991. Effective date: Acknowledgment from the Department of State received on this 28th day of May_ 1991'at7�Q_ a.m./p.m. and filed in the orMC6 77— CTerk of the Board af-County Commissioners of Indian River County, Florida. 2 SmeadSoft Reprint Date: Friday, August 23, 2013 - 11:46:01 - OfficialDocuments:620, Attachment Id 0, Page 2 APPROVED AS TO FORM AND L AL UFFICIENCY B- TERRENCE-PO'BRIEN ASST. COUNTY ATTORNEY ATTACHMENT *A" CHAPTER 301, FALSE ALARMS Section 301.01 Intent This article is intended to protect the health, safety, and welfare of the people of Indian River County by preventing the misuse of fire protection resources caused by false alarms and telephone alarm devices, thereby allowing these resources to be accessible and available in the event they are truly needed by members of this community. Section 301.02 Definitions For the purpose of this chapter, whenever any of the following words or terms are used herein, they shall have the meanings ascribed to them in this section: Alarm sera -I-1 me a rr $riy device which is used +n a�tr�l d+ng o -r premises for the detection of fire and smoke and which when activated emits a sound, signal, or message to alert others, whether emitted on or off Mises or to the central office of an alarm business. Alarm business shall mean any person engaged in the licensed business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing,—rrov-Vng—,--o-r--- installing o -installing any alarm for any building, place, or premises. Alarm user shall mean any person, business, institution or corporation using an alarm or occupying and controlling a premises or building-,–" portion of a Rr-emi-se–s or buiId-1ng, served by an alarm, Class "A" alarms shall mean all those alarms activated by dire or smoke or in response to fire and includes alarms activated solely by an act of nature not contributed to by faulty design, maintenance, installation, or use. False alarms shall mean all activated alarms, responsed to by the fire department which do not qualify as class "A" alarms, including, but not limited to, alarms activated through inadvertence, neglect, accident, alarm testing, or faculty installation or maintenance. Semon 301.03 Notification required -------------- --------------------- 1, The alarm user shall notify the fire department of fire alarm inservice and shall provide the following information: a. Name, address, and telephone number of the alarm user. b. Address and telephone number of the alarm user's premises or building to be served by the alarm. SmeadSoff Reprint Date: Friday, August 23, 2013 - 11:46:02 - OfficialDocuments:620, Attachment Id 0, Page 3 c, The name, address, and telephone number of the person or persons in charge of the premises or building serviced by the alarm, d. The name, address, and telephone number of the person or persons or entity installing the alarm. e. The name, address, and telephone of the person or entity monitoring the alarm. f. The name, address, and telephone number of the person or entity providing maintenance and repair service to the alarm, g. An agreement by the alarm user, binding the alarm user's heirs and successors in interest, to promptly pay or lawfully contest any penalties assessed against the alarm user for an excessive number of false alarms for described in this article. rmit to use -,,a_id-larm sha1J—be issue -d. 3. An amended application shall be filed within ten (10) days after any change Fn t -he- information provided in the application. Upon such amendment, a new alarm permit shall be issued. 4. It shall be unlawful to install and operate an alarm -without-a--per-mit. - - Section 301.04 Excessive false alarm declared a public flu I Jtl11GC. The emission of more than three (3) false alarms within any six month period of time is. excessive and constitutes a serious nuisance, and is hereby declared to be unlawful and a violation of this article. No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm used by him, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any six-month period of time. Section 301.05 False alarm service charge; collection ------------------------------------------------- 1. For response by the fire department to excessive false alarms, the alarm user shall be charged a service fee by the county of One Hundred Dollars ($100,00) for the first alarm in excess of three (3) false alarms in any six-month period, Two Hundred Dollars ($200.00) for the second false alarm in excess of three (3) in any six-month period, and Three Hundred Dollars ($300.00) for the third and each successive additional false alarm in excess of three (3) in any six-month period. SmeadSoff Reprint Date: Friday, ugust 23, 2013 - 11:46:02 - OfficialDocuments:620, Attachment Id 0, Page 4 2 The fire chief shall determine whether a false alarm has occurred and the frequency of such false alarms, and the county shall notify the alarm users of amounts owed to the county and shall make demand thereafter, pursuant to the provisions of this article. 2. The county attorney may proceed by a suit in a court of competent jurisdiction to collect such charge after demand therefor has been made by the county and the payment thereof refused by the alarm user. Sectio -n -10T.06 interference with fire department telepfione trunk Tines proE,7i'ted, alarm fiusTness-centraT -ofi ce-required;------ _ddent i7c_a Ton-required-----� - 1 . - o person sha-I-I use -o-rcause -tome used a-ny—te I ephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the fire6epartment or any other department or bureau of the county and then reproduces any prerecorded message to repor�fire-"her emergency. 2. No person shall provide a private alarm service system programmed to a cent rai-,3Ea-rm-receptVon o-�ce -unless such central office is staffed at all times, twenty-four (24) hours a day, including holidays, 3. Any staff member of a private alarm service system reporting an alarm activation to which a fire response is requested shall identify himself and state the name and telephone number of the alarm business by which such response is requested. Section 301.07 Audible alarms All alarms which may be heard in any public place shall be maintained to ensure proper functioning in the event of an emergency due to fire. Section 301,08 Enforcement through code enforcement ----------- --------------------------------- board In addition to orther methods of enforcing county ordinances, the fire department may initiate or cause to initiate action before the code enforcement board of the county to obtain compliance with this article and payment of service charges assessed by the county. The board shall have the authority to place a lien against --the property served by a fire alarm in the amount of all assessed service charges. SmeadSoff Reprint Date: Friday, August 23, 2013 - 11:46:02 - OfficialDocuments:620, Attachment Id 0, Page 5 3