Ordinance 19-2017 Alarms ORDINANCE NO. 19-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 38 OF THE TOWN CODE OF ORDINANCES,
EMERGENCY SERVICES, AT 38-35 SERVICE CHARGE FOR
EXCESSIVE FALSE ALARMS AND NONPAYMENT OF FINES TO
INCLUDE A NEW SECTION (a) RELATING TO FALSE ALARMS
ACTUATED BY CONTRACTORS; REDESIGNATING THE
SUBSEQUENT PARAGRAPHS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, contractor activated false alarms requiring police and/or fire rescue
response or investigation have become a nuisance in the Town and have required
excessive and undue time and investigation by the police and fire departments; and
WHEREAS, it has been determined that to deter said false alarms, contractors
conducting work within the Town should be responsible for said false alarms, as
opposed to the owners of the property in which the alarm is located.
NOW, THEREFORE, 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 titled Emergency Services is
hereby amended at Section 38-35 as follows:
Sec. 38-35 Service charge for contractor activated false alarms and for excessive
false alarms and nonpayment of fines.
(a) It is found and determined that a false alarm occurrence due to acts of
construction or for reasons other than a fire resulting from work performed by a
contractor or workers under the direction of said contractor shall result in a fine for each
and every false alarm activated as a result of same. The contractor will be charged a
service charge, determined by resolution or ordinance of the Town Council as may be
amended from time to time, for each false alarm. The property owner will not have
contractor activated alarms charged against them provided that the contractor complies
with the payments required hereunder.
Contractor, for purposes of this Section, shall be defined as any person,
company, or employee unrelated to the owner of the property and not considered an
employee of the owner who is engaged to perform any kind of service at the property,
including but not limited to alarm companies, janitorial or cleaning companies,
maintenance personnel, or construction workers.
(b) 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.
(c) 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 15, 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.
(d) 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.
(e) 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 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. 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.
Ordinance No. 19-2017 Page 3 of 4
Section 3. 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 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 13th day of June, 2017, and for second and
final reading on this 12th day of July, 2017
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Gail onigli. M. or / t 9/11
Richard M. Kleid, Town Council President
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Danielle H. Moo -, C. n i 'resident Pro Tem
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Ju VOas og, o Co tI-Member
ATTEST: Bobbi- Lindsay, T ' n Councl'Member
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w„- , -, •.. - - Marga t A. Zeidrhan, To n Council Member
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Ordinance No. 19-2017 Page 4 of 4