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Home My WebLink About1332-17 Fire and Security Alarms Amended -1 �- 11111111 . • 20171111111111111111111IIIII111111IIIIIIIII1111111111111 Rcpt: 1918417 Rec: 27.00 DS: 0.00 IT: 0.00 12/21/2017 K. D. K. , Dpty Clerk PAULA 5.O'NEIL,Ph.D.PASCO CLERK & COMPTROLLER ORDINANCE NO.: 1332-17 12/R1/201/g em PG QfZ Z AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING REGULATIONS AND REQUIREMENTS FOR THE INSTALLATION OF FIRE AND SECURITY ALARMS WITHIN THE CITY LIMITS; PROVIDING DEFINITIONS; PROVIDING FOR RESPONSE TO ALARMS; PROVIDING FOR ASSESSMENT BY RESOLUTION OF FEES FOR RESPONSE TO FALSE ALARMS; PROVIDING FOR NOTIFICATION, APPEAL, LIEN AND LEGAL ACTIONS; PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING FOR DISPOSITION OF FINE; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Zephyrhills Police Department and Fire Department are charged with providing protection services to the residents of Zephyrhills,including response to fire and security alarms; and WHEREAS, repeated responses by the Police and Fire Departments to false alarms wastes resources and may detract to other residents or from service in other areas of the City; and WHEREAS, the City Council finds that the below regulations and requirements are the minimum necessary to protect the resources of the City and are in the best interest of its residents. NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills,Florida, as follows: SECTION 1. Short Title. This Ordinance shall be known as the Zephyrhills Fire and Security Alarm Ordinance. SECTION 2. Definitions. Unless it is clear from the context that another meaning is intended, the following words, when used in this Ordinance shall have the meanings attributed to them by this section. 365-day period means a 365-day period beginning January first of each year. For determining the number of false alarms an alarm user has had within a 365-day period, the period of time to be analyzed shall be the date on which the most recent false alarm has occurred and the days preceding the date of such false alarm,back to the year beginning January first. System means any mechanical, electrical or radio controlled device which is designed to be used for the detection of smoke, heat or fire or an unauthorized entry into a non-residential building, structure or facility, and emits a sound or transmits a signal or message when activated. Alarm user means the person, firm, business, partnership, association, corporation or other entity who owns, or who leases, or who occupies the premises in which an alarm system is installed. False alarm means an activated alarm that elicits a response by the fire department when no fire, reasonable threat of fire, or other emergency requiring the services of the fire department exists, or that elicits a response by the police department when no criminal activity, reasonable threat of criminal activity, unauthorized entry or other emergency requiring the services of the police department exists. This definition includes signals activated by accident, negligence, mechanical failure, electrical failure, signals activated intentionally in non-emergency situations and signals for which the actual cause of activation is unknown. This definition does not include, however, signals activated by an Act of God or an area-wide power surge. Police Department means the City of Zephyrhills Police Department. Fire Department means the City of Zephyrhills Fire Department. Record and Return to: ' City Clerk's Office e 5335 8th Street Zephyrhills, FL 33542 OR BK 9652 PG 2142 2 of 3 Enforcement Officer means any authorized member of the City of Zephyrhills Police or Fire Departments. Key holder means any person authorized by the alarm user to enter or provide access to the alarm user's premises for the purpose of enabling the fire department or the police department to determine the validity of an alarm. Panic Alarm means any mechanical, electrical or radio controlled device which is personally activated by the alarm user and which indicates that a clear and present danger is presently confronting the alarm user. SECTION 3. Alarm System Requirements. 1. All existing alarm systems and those installed subsequent to the effective date of this Ordinance shall meet the following requirements: (a) If a security alarm system is designed to produce an audible alarm, it shall be equipped with an automatic reset function that deactivated any such audible alarm within fifteen(15)minutes of activation. (b) The system shall have a back up power supply that will prevent activation in the event of a power failure or outage. 2. Each alarm user shall be responsible for ensuring that the alarm monitoring company has current contact information for the alarm user and each key holder. SECTION 4. Response to Alarms; Determination of Validity. 1. Upon responding to any alarm activated in the City, the responding members of the Police and/or Fire Departments shall make a complete inspection of the building or premises where the alarm has been activated to determine the validity of the alarm. 2. If the responding member determines the alarm to be false, the member shall notify the Department Chief and complete a false alarm report. 3. Alarm users shall respond to each activated alarm at their premises within thirty (30) minutes of notification. SECTION 5. Fines Established by Resolution. Fines and penalties for false fire and security alarms shall be established by resolution of the City Council. SECTION 6. Notification Procedure, Appeal, Lien, Suit. Upon determining that a false alarm has occurred, the Police or Fire Department shall issue to the alarm user a Notice of Violation which specifies the number of false alarms and the fine imposed. The alarm user shall have thirty (30) days from the date of the issued Notice of Violation, to forward an "Affidavit of Service/Repair" to the authority having jurisdiction. Failure to submit the affidavit within the thirty (30) day period shall result in an assessment outlined within Resolution No. 746-17 for failure to take corrective action. The alarm user shall have ten (10) days from the receipt of said notification within which to pay the fine or request in writing a hearing to contest the same before the City Manager or his designee. Failure to request said hearing within said time shall constitute a waiver of the alarm user's right to contest the fine,and thirty(30)days thereafter the amount of the fine shall become a lien against the alarm user's interest in the premises which may be collected by the City by civil suit for said amount or by foreclosure. OR BK 9652 PG 2143 3 of SECTION 7. Limitation of Liability. Nothing herein shall be construed to create a duty on the part of the Police or Fire Departments,or the City to respond to any alarm or otherwise guarantee the safety of any member of the public, and the Police and Fire Departments expressly retain the discretion to determine whether or not to respond to an alarm and to otherwise determine the most effective deployment of law enforcement and firefighting resources. SECTION 8. Disposition of Fine. Fines collected for false alarms shall be forwarded to the City Manager or his designee,who shall deposit funds received for false fire alarms, less cost of notification and collection into the fire serves fund, and funds received for false security alarms into a separate account for false security alarm funds for the police department. These funds shall be used by the fire and police departments for training and equipment purchases. SECTION 9. Severability. If any section,sentence,clause,or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 10. Effective Date. This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. The foregoing Ordinance No. 1332-17 was read and passed on the first reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 27th day of ; .Gds, ( i tt-• ice'41b * l illn5an, CMC - City Clerk W. Alan Knight, ouncil President T;°ierfpre oirr nance No. 1332-17 was read and passed on the second reading, following a publi c� g" ing, in an open and regular meeting of the City Council of the City of Zephyrhills, b icF�;on, ,lla'day of December, 2017. 4% �� i . P_A .e z :Lox _L. l-1 l man, CMC City Clerk = , . ., • r Q :Tice A. Smith, Council Vice President O • Q" 'Flteifckrn4?rdinance No. 1332-17 was approved by me this 11 th day of December, 2017. / Gene ' itfield, May Approved as to legal form and lleeggal content .; Matthew E. Maggard, Cittorney