Ordinance 05-2014 Emergency Services ORDINANCE NO. 5-2014
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 38, EMERGENCY SERVICES; AT
ARTICLE II, ALARM SYSTEMS; SECTION 38-35
RELATING TO SERVICE CHARGE FOR EXCESSIVE
FALSE ALARMS AND NON PAYMENT OF FINES; AT
SECTION 38-62 RELATING TO APPLICATIONS; FEES;
AND AT SECTION 38-93 RELATING TO GENERAL ALARM
USER REQUIREMENTS; SO AS TO PROVIDE THAT
DIRECT CONNECT ALARM SYSTEMS ARE AVAILABLE
TO BUSINESSES AND RESIDENTIAL CUSTOMERS
WITHIN THE TOWN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 38 of the Town Code of Ordinances relating to Emergency
Services is hereby amended at Article II, Alarm Systems; Section 38-35, to read as
follows:
"Sec. 38-35. Service charge for excessive false alarms and
nonpayment of fines
(a) It is found and determined that more than two false alarms
within a period of 12 calendar months beginning October 1 in any year is
excessive and thereby constitutes a public nuisance. The owner of any
alarm system which actuates more than two false alarms in any period of
12 calendar months beginning October 1 of any year shall be charged a
service charge as determined by resolution of the town council as may be
amended from time to time. The owner of any alarm system which
actuates more than two false alarms for fire services in any period of 12
calendar months beginning October 1 of any year shall be charged a
service charge as determined by resolution of the town council as may be
amended from time to time.
(b) False alarms which occur as the direct result of transmitting
a direct connect alarm system signal to the police department shall not be
considered a public nuisance and shall not result in a false alarm charge
until more than 15 false alarms are activated in any period of 12 calendar
months beginning October 1. Any false alarms activated after fifteen,
whether it be by human error or malfunction, shall be charged a service
charge as determined by resolution of the town council as may be
amended from time to time.
(c) If the alarm user has not paid the fines within 30 days, an
automatic ten percent penalty per month shall be assessed for
nonpayment of said delinquent fees. The ten percent penalty shall be
calculated on the total outstanding account balance, including prior
penalties. Additionally, if the alarm user has not paid the fines and
penalties, he will receive proper legal notice as outlined in the state
statutes to appear in person before the code enforcement board. The
code enforcement board will use any of its powers to bring the alarm user
to compliance, including but not limited to directing a lien to be filed on the
alarm user's property.
(d) The town manager, upon written notification to the mayor
and town council of intent to waive false alarm charges, may waive false
alarm charges for power outages that occur within the town. In order for
the town manager to invoke the discretionary power granted herein for
temporary power outages, the alarm user must present to the town
manager written verification from Florida Power & Light of the temporary
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outage at alarm user's property. No such proof shall be required for power
outages when such power outage results from a tropical storm or
hurricane event that directly impacts the town and which causes a power
outage of 24 hours or greater affecting at least 20 percent of the town."
Section 2. Chapter 38 of the Town Code of Ordinances relating to Emergency
Services is hereby amended at Article II, Alarm Systems; Section 38-62, to read as
follows:
Ordinance No.5-2014 Page 2 of 5
"Sec. 38-62. Applications; fees.
(a) Application for all permits under this division shall be made
to the finance department of the town. The finance department shall
prescribe the form of the application and request such information as is
necessary to evaluate and act upon the permit application.
(b) The application for a direct connect alarm system permit
shall be accompanied by an annual fee as determined by resolution of the
town council as may be amended from time to time. The application for a
business or residential direct connect alarm system permit shall be
accompanied by an annual fee as determined by resolution of the town
council as may be amended from time to time. A penalty of ten percent
per month shall be assessed for any of the above referenced fees which
are not paid when due. The ten percent penalty shall be calculated on the
total outstanding account balance, including prior penalties."
Section 3. Chapter 38 of the Town Code of Ordinances relating to Emergency
Services is hereby amended at Article II, Alarm Systems; Section 38-93, to read as
follows:
"Sec. 38-93. General alarm user requirements.
(a) Audible alarm shutoff. All audible alarm systems are
required to be turned off within 30 minutes after activation. This may be
accomplished by either automatic or manual means.
(b) Testing alarms. Alarm companies shall notify the police
department prior to any service, test, repair, maintenance, adjustment,
alteration or installation that might activate a false alarm.
(c) Instructions as to operation of systems. Each alarm
company operation shall provide complete instructions to the alarm user in
the proper usage of the system. Specific emphasis shall be placed on
avoidance of false alarms.
(d) Direct connect alarm system. Every direct connect alarm
system shall also be monitored by a private alarm company or answering
service. The direct connect alarm system is intended to result in a
redundant report of alarm actuation. Direct connect alarm systems are
available to businesses who possess a valid town occupational license,
governmental facilities and other residential customers."
Ordinance No.5-2014 Page 3 of 5
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No.5-2014 Page 4 of 5
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 14th day of January 2014, and for second
and final reading on this 11th day of February 2014.
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•it L. Coni lio, Mayor 'obe!N. Wildrick, Town Council President
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Wilhia /J. Diamond, Council Preside t Pro Tem
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Richart Kleid, Town Council Member
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ATTEST: Michael Put o, o - oi ncil Member
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usan A. we s� MC, Town Clerk nelope own nY Townsend, T ' M
Council Member
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