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O-259-C ·' . CITY OF CLERMONT CODE ORDINANCE 259-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE 233-C, AS AMENDED AND INCORPORATED IN CHAPrER 14, OFFENSES, ADOPTING REGULATIONS FOR THE USE OF PRIVATELY OWNED BURGLAR AND FIRE ALARMS, PROVIDING FOR FEE CHARGE FOR MULTIPLE FALSE ALARMS, PROVIDING PENALTIES FOR FAILURE TO COMPLY, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 14, Offenses, is hereby amended to include the following as Section 14-26: SECTION 1. Definitions of terms used in this ordinance: A. ALARM SYSTEMS means any mechanical, electrical or radio controlled device which is designated to be used for the detection of any unauthorized entry into a building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility, or both, or which emits a sound or transmits a signal or message when activated because of smoke, heat or fire. without limiting the generality of the foregoing, alarm systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms, and automatic telephone direct dial devices or digital alarm communicator systems. B. FALSE ALARM means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance or because of the negligent or intentional misuse of the system caused by the owner, lessee, occupant or manager of the premises where the alarm is installed, i.e., smoking or welding could cause the misuse of the system by an employee, servant or agent of such person or any other activation of the alarm system not caused by a person or any other activation of the alarm system not caused by a forced entry, attempted forced entry, robbery; or not caused by fire, heat or smoke; provided, however, false alarms does not include alarms caused by acts of God or by external power failure, test alarm or those alarms intentionally activated by an owner, lessee, occupant or manager of premises who visually observed or heard suspicious circumstances which would cause a careful and prudent person to believe that a fire or forced entry, robbery or other felony was in progress at the premises protected by the alarm system. C. TEST ALARM means a maintenance or testing of an alarm system which prior approval has been obtained from an Enforcement Official. " . . CITY OF CLERMONT CODE ORDINANCE 259-C Page -2- D. ENFORCEMENT OFFICIAL means the Chief of Police, Fire Chief or their designated representatives. E. PERSON means individuals, associations, firms, partnerships, corporations, a company or organization of any kind. F. PREMISES means any building, structure or combination of buildings and structures which serve as dwelling units, single or multi-family, or any other area within a building, structure or combination thereof which is used for any purpose other than residential, wherein an alarm system is installed. G. FEE means the assessment of a monetary charge, as authorized pursuant to this section. H. OWNER means any person who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy or manage the premises. I. REQUIRED OPERATIVE ALARM SYSTEM means an alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. SECTION 2. NOTICE OF EXISTENCE OF ALARM SYSTEM Every person who owns, leases, possesses or operates any alarm system within the City of Clermont, whether the same exists on the effective date of this ordinance or whether the same is installed thereafter, or whether it- is an expansion of an existing system, shall, prior to alarm installation, notify the Enforcement Official, on forms to be provided, of the existence of the alarm system. Notice shall include the following information: a. The name, address, business and home telephone numbers of the owner, lessee, operator, manager or person in possession of the premises wherein the alarm system is installed. b. The name, address and telephone number of at least two (2) persons who are to be notified by the Enforcement Official in the event of the acti va tion of the alarm system, who shall be authorized to enter the premises and deactivate an alarm system. c. The date the alarm system is to be installed. . . CITY OF CLERMONT CODE ORDINANCE 259-C Page -3- SECTION 3. RESPONSIBILITY FOR FALSE ALARM, RESPONSE AND CORRECTIVE ACTION. For the purposes of this -section, the responsibility for a false alarm shall be that of the owner of the premises in which the alarm system is installed. A response to a false alarm shall result when any police officer or member of the Fire Department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and responds thereto by traveling to that premises. After responding to a false alarm, the Enforcement Official shall notify any person identified in the notice required pursuant to Section 2, hereof, of the. activation of the alarm system and such person shall thereupon travel to the premises to deacti va te the alarm system. Should the person notified fail to appear at the premises to deactivate the alarm system within thirty (30) minutes after being notified to do so, the City of clermont shall charge the owner of the premises a fee as set forth in a Fee Schedule adopted by Resolution. Additionally, the Enforcement Official shall require the following of the owner of the premises: a. Make a written report within seven (7) calendar days of the receipt of notice from the Enforcement Official, on forms prescribed and provided by the Enforcement Official, setting forth the cause of the false alarm, the corrective action taken, and the name, address, and telephone number of any maintenance, repair or serviceman who inspected or repaired the alarm system following the false alarm, as well as such other information as the Enforcement Official may deem is reasonable necessary to determine the cause of the false alarm, the corrective action taken or required in order to correct the cause of the same. . SECTION 4. FEE CHARGE - MULTIPLE FALSE ALARMS. Commencing with the calendar quarter beginning July 1, 1989, and continuing with each succeeding quarter thereafter, should an Enforcement Official as defined herein respond to more than three false alarms at one premises within the calendar quarter, the City of Clermont shall charge the owner according to a fee schedule adopted by Resolution. SECTION 5. DISCONNECTION OF ALARM SYSTEM. Except for a premise protected by a required operative alarm system, the Enforcement Official is authorized to order the . . CITY OF CLERMONT CODE ORDINANCE 259-C Page -4- disconnection or deactivation of any alarm system, by written notice to the owner of a premises wherein an alarm system is installed, for any of the following reasons: A. Failure to pay the fees provided for in Section 3 or 4, hereof, within ten (10) days of the charging of the fee; or, B. In the event that the fourth false alarm or any succeeding false alarm at a premises for which a fee is charged pursuant to section 4, hereof, is the result of the failure of the owner to take corrective action to eliminate the cause of the false alarm; or, C. Because of the failure of a person notified pursuant to Section 2, hereof, to appear within thirty (30) minutes after being notified to deactivate an alarm system, if such failure to timely appear occurs two or more times within the calendar quarter. The written notice to the owner of the premises shall specify the date on which the owner shall be required to disconnect or deactivate the alarm system, which date shall be at least 14 days following the date of the notice. The owner may appeal the order of the Enforcement Official pursuant to Section 6 hereof. SECTION 6. APPEAL. An owner who receives a notice to disconnect or deactivate an alarm system, pursuant to Section 5, shall be entitled to appeal the order of the Enforcement Official to the City Manager. An appeal must be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within ten (10) days of receipt of the notice to disconnect by the owner. The City Manager shall review the facts and circumstances and shall determine whether the owner has shown good cause why the order should be withdrawn. Upon making a decision on the matter, the City Manager shall notify the owner of the decision in writing. If the City Manager affirms the order to disconnect or deactivate an alarm system, the owner shall have three (3) days following receipt of the written decision of the City Manager within which to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the City Manager. SECTION 7. FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM. It shall be unlawful for any person to fail to disconnect or deactivate an alarm system which has been ordered disconnected or deactivated pursuant to section 5, or following the disposition of an appeal pursuant to Section 6 if the City Manager affirmed the order to disconnect or deactivate, and it shall be unlawful for any person to reconnect an alarm system which has been disconnected or . . CITY OF CLERMONT CODE ORDINANCE 259-C Page -5- deactivated pursuant to the order of the Enforcement Official unless the reconnection of the alarm system is authorized pursuant to Section 8, hereof. Any person violating the provisions of this section shall be subject to the penalties provided for in Section 11, hereof, said penalty being cumulative to other administrative remedies provided in this section. SECTION 8. RECONNECTION OF ALARM SYSTEM. Any order to disconnect or deactivate an alarm system may be rescinded by the Enforcement Official upon a finding by the Enforcement Official that the owner of the premises has taken corrective action which it is reasonable to conclude will remedy the cause of the false alarms at the premises. In making a request for such a rescission, the owner shall have the burden to show what corrective action has been taken and that the same is sufficient to support a finding that the cause of the false alarms has been remedied. The Enforcement- Official shall have the right to inspect the alarm system and test said alarm system prior to rescinding the order to disconnect or deactivate. The Enforcement Official shall not rescind an order to disconnect or deactivate if the owner has failed to pay any fee charged the owner pursuant to Sections 3 and 4. SECTION 9. EXEMPTION TIMES. A. Newly Installed or Ex.Panded Alarm Systems. The provisions of this Article shall not apply to any newly installed alarm system or the expansion of an old system for a period of three months from the date of the installation of that alarm system, but shall apply from and after the expiration of the initial three month period following installation. Only the new portions to the expansion system shall be exempt from the provisions of this article for a period of three months from the date of installation of the expansion system and not the entire system. The time limit provided for in this section shall be measured from the date shown on the notice required by Section 2, hereof. The initial exemption period shall not apply to any alarm system or expansion to an alarm system that has been in operation for more than three months prior to the effective date of this section. B. Repaired, Modified or Replaced Alarm Systems. Any existing alarm. system which is modified, replaced or repaired shall be exempt from the provisions of this Article for a period of fourteen (14) days upon compliance with the provisions of Section 2, commencing with the date shown on the notice. This exemption period shall not apply to any alarm systems which have been repaired, modified or replaced for more than two weeks prior to the effective date of this section. . . CITY OF CLERMONT CODE ORDINANCE 259-C' Page -6- SECTION 10. ALARM SYSTEM OPERATIONS. The City of Clermont, its officers, employees, and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, such duties or responsibilities being solely those of the owner of the premises. Additionally, it shall be solely the responsibility of the owner of the premises to silence an activated alarm and thereafter to reset the same. SECTION 11. PENALTY . Should any person fail to do an act required by the terms of this section, or should any person do any act declared herein to be . unlawful, the same shall be a misdemeanor of fense and upon conviction of the violation or failure to comply with the terms of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed sixty (60) days, or by both such fine and imprisonment, and each day any violation shall continue shall constitute a separate of fense. SECTION 12. SEVERABILITY. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provisions of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 13. EFFECTIVE DATE. This take ordinance shall be published as provided by law and it shall effect July 1, 1989. First Reading this 2. S'"'day of ";""- Second Reading this ~3~Jday'of ~ . , , " , "" 7i¡f"t ' 1989. 1989. PASSED AND ORDAINED BY THE LAKE COUNTY, FLORIDA, THIS CITY ~UNCIL OF ~ CITY OF 2.3r' D OF "I'n't V~ Robert A. Pool, Mayor CLERMONT, _, 1989. Attest: ~ t; {ß.. ?:~ ePh ~:van Z~:A City Clerk