6638-01
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ORDINANCE NO. 6638-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SECURITY ALARM
SYSTEMS; AMENDING SECTION 5.46 TO
INCREASE THE SERVICE CHARGE FOR FALSE
ALARMS, TO CLARIFY THE PROCEDURES FOR
REINSTATING A REVOKED PERMIT, AND TO
MODIFY THE EXCEPTION FOR NEWLY
INSTALLED SYSTEMS; AMENDING SECTION
5.61 TO CHANGE THE TITLE, TO REQUIRE AN
ALARM USER THAT PURCHASES A BUSINESS
OR RESIDENCE HAVING AN EXISTING ALARM
SYSTEM TO OBTAIN A NEW PERMIT, AND TO
MAKE A VIOLATION OF THE SECTION A CLASS
IV OFFENSE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 5.46, Code of Ordinances, is amended to read as follows:
Sec. 5.46. Service charge for false alarms.
(1) It is hereby found and determined that one or more false alarms within any
permit year constitutes a public nuisance.
(2) The first activation within a permit year of an alarm user's security alarm system
determined by the responding police officer to have been a false alarm shall result in the
city's issuance to the alarm user of a written courtesy warning by regular United States mail
or by hand delivery. The issuance of a courtesy warning to the alarm user is not intended to
create any rights of the alarm user. The city could have issued a notice of a false alarm and
could have requested the payment of a service charge rather than issuing a warning. The
issuance of a courtesy warning is merely a courtesy offered by the city to induce the alarm
user to take corrective actions to prevent false alarms.
(3) The activation at the same premises of one or more false alarms within a permit
year after the date of the response that resulted in the city's issuance of a written courtesy
warning shall result in the city's issuing to the alarm user a written notice of the false alarm
and a notice of the city's imposition on the alarm user of a service charge of $50.00 ~ per
occurrence, which shall be considered a bill owed by the alarm user to the city. Each service
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charge shall be paid to the police department within 15 calendar days from the date of
receipt of the written notification of the service charge. If the police department does not
receive payment of the service charge within such time and if the alarm user fails to take an
appeal by requesting a hearing as provided by this article within 15 calendar days from the
date of receipt of the false alarm notice, the alarm user's permit for the premises shall
become automatically revoked, and the notice shall so state.
(4) If the alarm user's permit has been revoked Dursuant to subsection (3) of this
section, the alarm permit shall not be reinstated aRa tho alarm usor shall not bo issuod an
alarm user's pormit fer the ~r:emisos for tho fellO\a:ing permit yoar until the alarm user DayS all
outstandina service charaes satidies the re~uiroments of subsootion (~) of this sootion.
(6) If an alarm usor has false alarm vielations ponding at hiG promisos at tho
bog inning of tho felle'A'iRg 190rmit year, eitt:Jer booauso tho time to pay tho Gorvioo ohargo er
to FOquost a hoaring t:Jas net yet e)(~irea er Besauso tho alarm u&er haG filod a roqUOGt fer a
hoaring for whioh a final dooision is Gtilllgending, tl:le sit',' sl:lall issuo a tom~OFary alarm usor's
pormit fer tho promi&es. If tl:le alaFFR user fails te satisfy tl:le re~uiromOl=lts of this artiste with
rospoot to the penaiAg false alaFFR, tt:Je tem~eral)' alarm pormit shall Besome automatisally
rovokod.
@ ~ The provisions of this section shall not apply to any new installation of an
alarm system for the first 30 calendar days following the date the alarm system becomes
operable.
Section 2. Section 5.61, Code of Ordinances, is amended to read as follows:
Sec. 5.61. Permit rRequired; penalty for violation.
(1) On the effective date of Ordinance No. 4886 from which this article was
derived, it shall be unlawful for any person who has not obtained an alarm permit for the
premises or who has had his permit revoked pursuant to this article to operate a security
alarm system. An alarm user who violates this subsection shall be deemed to have
committed a Class IV offense Dunishable puni&t:Jea by a fine not exceeding $500.00 for each
day the alarm system is operated without a valid alarm permit.
(2) An alarm permit may be acquired from the Clearwater Police Department upon
application. The alarm permit will remain valid until the permit is revoked or until the alarm
user changes his or her address or disconnects the system. The alarm user shall be
responsible for notifying the Clearwater Police Department if any information contained on
the initial application changes.
(3) An alarm user that Durchases a business or residence having an existina alarm
system shall obtain a new Dermit for the Dremises. An alarm user that fails to comDly with
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this subsection shall be deemed to be operatino an alarm system without a valid permit in
violation of subsection (1 ).
~ ~ If an alarm user has one or more security alarm systems protecting two or
more separate structures having different addresses, a separate permit shall be required for
each structure. An alarm user who violates this subsection shall be deemed to have
committed a Class IV offense punishable bv a fine not exceedino $500.00 for each day the
alarm system is operated without a valid alarm permit.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 18, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 1, 2001
Approved as to form:
Attest:
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Ordinance No. 6638-01