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HomeMy WebLinkAbout1988-047ORDINANCE NO. 88- 47 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FALSE FIRE ALARM ORDINANCE WHICH PROVIDES FOR REGISTRATION OF ALARM SYSTEMS AND PENALTIES FOR CERTAIN FALSE FIRE ALARMS AND OTHER PROVISIONS. BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, as follows: SECTION 1. INTENT This Chapter 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 these resources are truly needed by members of this community. SECTION 2. 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. (a) ALARM shall mean any device which is used in a building or 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 the premises or to the central office of an alarm business. (b) ALARM BUSINESS shall mean any person engaged in the licensed business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm for any building, place, or premises. (c) ALARM USER shall mean any person, business, institution or corporation using an alarm or occupying and controlling a premises or building, or a portion of a premises or building, served by an alarm. 0 i (d) CLASS "A" ALARMS shall mean all those alarms activated by fire 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. (e) FALSE ALARMS shall mean all activated alarms, responded 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 faulty installation or maintenance. SECTION 3. NOTIFICATION REQUIRED ------------------------------- A. The alarm user shall notify the fire department of the fire alarm in service and shall provide the following information: (1) Name, address, and telephone number of the alarm user, users.premises or building to be served by the (3) The name, address, and telephone number of the person or persons in charge of the premises or building serviced by the alarm. (4) The name, address, and telephone number of the person or entity installing the alarm. (5) The name, address, and telephone number of the person or entity monitoring the alarm. (6) The name, address, and telephone number of the person or entity providing maintenance and described in this ordinance. repair service to the alarm. (7) An agreement by the alarm user, binding upon 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 as described in this ordinance. B. An amended application shall be filed within 10 days after any change in the information provided in the application. Upon such amendment, a new alarm permit shall be issued. SECTION 4. EXCESSIVE FALSE ALARMS DECLARED A PUBLIC ---------------------------------------------------- NUISANCE The emission of more than three 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 ordinance. 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 false alarms within any six-month period of time. SECTION 5. FALSE ALARM SERVICE CHARGE, COLLECTION For response by the fire department to excessive false alarms, the alarm user shall be charged a service fee by the County of $25.00 for the first false alarm in excess of three false alarms in any six-month period, $50.00 for the second false alarm in excess of three in any six-month period, and $100.00 for the third and each successive additional false alarm in excess of three in any six-month period. The Fire Chief shall determine whether a false alarm has occurred and the frequency of such false alarms, and the County shall notify alarm users of amounts owed to the County and shall make demand therefor, pursuant to the provisions of this ordinance. The County Attorney may proceed by a suit in a court of competent jurisdiction to collect said charge after demand therefor has been made by the County and the payment thereof refused by the alarm user. SECTION 6. INTERFERENCE WITH FIRE DEPARTMENT TELEPHONE ------------------------------------------------------ TRUNK LINES PROHIBITED; ALARM BUSINESS -------------------------------------- CENTRAL OFFICE REQUIRED; IDENTIFICATION -------------------------------------------- REQUIRED (a) No person shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the fire department or any other department or bureau of the County and then reproduces any prerecorded message to report any fire or other emergency. (b) No person shall provide a private alarm service system programmed to a central alarm reception office unless such central office is staffed at all times, 24 hours a day, including holidays. (c) Any staff member of a private alarm service system reporting an alarm activation to which 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 7. 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 8. ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD ----------------------------------------------------- In addition to other methods of enforcing County Ordinances, the fire department may initiate action before the Code Enforcement Board of the County to obtain compliance with this ordinance and payment of service charges assessed by the County. The Board shall have the authority to place a I i en against the property served by a fire alarm in the amount of all assessed service charges. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 13th day of December 1988. This ordinance was advertised in the Vero Beach Press Journal on the 25th day of November 1988, for a public hearing to be held on the 13th _ day of December___. 1988, at which time it was moved for adoption by Commissioner Bowman seconded by Commissioner Eggert and adopted by the following vote. Chairman Don C. Scurlock, Jr. Aye Vice Chairman Gary C. Wheeler Aye Commissioner Richard N.,Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye • u. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORID IF 'IF rBy e s t;16. IF a. Don C. Scur oc , r. IF Chairman w IF IF III. FF IF IF IF 114 Fj Ac,k., y4 the Department of State of the State of Fl.:orida, Phis 19th day of December 1988. Effective Date: Acknowledgment from the Department of State receive'cll on this 22nd day of December , 1988, at 10_:30 a:m./p.m. and filed in the 6ffice of the Clerk to the hoard of County Commissioners of Indian River County, Florida.