7193-03
ORDINANCE NO. 7193-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FIRE ALARMS; AMENDING SECTION 5.21,
CODE OF ORDINANCES, TO DELETE THE DEFINITION OF
"DATE OF RECEIPT" AND MODIFY THE DEFINITION OF
"FALSE ALARM"; AMENDING SECTION 5.24, CODE OF
ORDINANCES, TO CHANGE THE PENALTIES FOR A FALSE
FIRE ALARM; AMENDING SECTION 5.25, CODE OF
ORDINANCES, TO LIMIT THE NUMBER OF COURTESY
WARNINGS AND MODIFY THE PROCEDURES RELATING TO
THE ISSUANCE OF A CITATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 5.21, Code of Ordinances, is amended to read as follows:
Sec. 5.21. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm system means any mechanical, electrical, or radio-controlled device which
is designed to be used for the detection of fire within a building or structure or portion
thereof, and which emits a sound or transmits a signal or message when activated. The
term does not include smoke detectors connected to an alarm system that is a part of a
single-family or two-family structure, and the term does not include alarm systems
installed in structures used by government agencies for public purposes.
Alarm user means the person in control of the premises wherein an alarm
system is maintained. If a lessee of the premises is responsible for ensuring the proper
maintenance of the alarm system, then the lessee shall be considered the alarm user.
Automatic telephone dialing device 0: aigital alarm communicator alarm system
means an alarm system which is activated by a signal or message and which
automatically sends a prerecorded voice message or coded signal by microwave,
telephone lines, or other mode of transmittal directly to the county 911 line or directly to
the police or fire department, indicating the existence of an emergency situation that the
alarm system is designed to detect.
Code enforcement officer means the fire chief or other employee of the fire
department designated to enforce the provisions of this article.
Ordinance No. 7193 -03
Data of mcoifJt mo~:ms, for a rosidonti31 usor, tho dato that tho roturn rocoipt
accompanying any cortifiod mailing of tho notico roquirod to bo sont to tho alarm usor's
promisos pursuant to soction 5.25(1) is cignod or tho dato that any cuch notico ic
dolivorod to tho alarm usor pOrGonally or to any porcon 15 yoars of ago or oldor rosiding
with tho alarm usor attor informing tho pOrGon of tho contonts of tho notico. For
businoss alarm uCOrG, tho torm moans tho dato tho roturn rocoipt accompanying any
certifiod mailing of tho notico roquirod to bo cant to tho alarm usor's promisos pursuant
to soction 5.25(1) is cignod or tho dato any such notico is dolivored to an officor, a
diroctor, a goneral partnor or tho propriotor of tho businosc, or to any omployoo if an
officor, a diroctor, a gonoral partnor, or tho propriotor is not prosont on tho promisos,
attor notifying tho omployoo of tho contonts of the notico.
False alarm means the activation of an alarm system through mechanical failure,
malfunction, improper installation, or the negligent or intentional misuse of the alarm
system by the alarm user or an employee. It may be presumed that the alarm was false
if the enforcement official finds, at the time of the fire response, no evidence of a fire-
related emergency. An alarm shall not be cor,sidered false if:
(a) The alarm system was activated under circumstances that would have caused a
careful or prudent person to believe that a fire-related emergency was in progress at
the premises protected by the alarm system; or
(b) The alarm system was activated by conditions clearly beyond the control of the
alarm user, including but not limited to severe weather conditions.:. T-9f
(c) Tho alarm usor complioc with sootion 5.25(1 ).
Premises means any building or structure or portion thereof protected by an
alarm system. In the case of two or more buildings or structures or portions thereof on
the same property under the same ownership protected by alarm systems that are not
connected to a single control system, each building or structure or portion thereof shall
be deemed to be separate and distinct premises.
Same premises means at the samb building or structure or portion thereof
protected by an alarm system, without regard to alterations therein, if the identity of the
alarm user has not materially changed since the last false alarm report. For example,
but without limiting the meaning of this definition, a bona fide sale of the premises or the
business therein to a third party or the replacement of a tenant by a different tenant
shall be deemed a material change of the identity of the alarm user.
Section 2. Section 5.24, Code of Ordinances, is amended to read as follows:
Sec. 5.24. False alarms prohibited; penalty for violation.
(1) False alarms shall be punishable in county court as provided in section
1.12(3). A false alarm shall be subject to the civil penalty as provided for a class 11 ill
violation for the first offense. Subsequent false alarms occurring at the same premises
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Ordinance No. 7193-03
within the same calendar year shall result in a doublinq of the civil penaltv as provided
for a class II violation bo Eubioot to tho civil pon31tioE 3E providod for c13GG II viol3tions
for tho Gocond mlso 313rm, and cl3Es I viol3tionE for tho third and o3ch subsoquont
blGO al3rm. F31so 313rms shall 31Eo bo punish3blo by tho codo onforcomont b03rd 3S
providod in Eoction 2.211 ot soq.
(2) It shall be a civil infraction for any person to install or continue to use a faulty
alarm system or to negligently maintain an alarm system in such a manner that the
alarm system generates false alarms. The first response to the alarm user's premises
within any calendar year determined to have been false shall result in the city's
issuance of a written courtesy warning to the alarm user. Anv additional €aeR false
alarm2 occurring at the same premises aftor tho d3to tho courtOGY w3rning ':.'3G m3ilod
or dolivored 3nd within the same calendar year as the date of the first response shall
constitute a separate civil infraction. In bringing a case before the county court, it shall
be immaterial whether false alarms are generated by a fault in an alarm system, by the
negligent maintenance of an alarm system or by some combination thereof.
Section 3. Section 5.25, Code of Ordinances, is amended to read as follows:
Sec. 5,25. Response to false alarms; issuance of courtesy warnings and
citations.
(1) Whenever an alarm system is activated within the city's jurisdiction, thereby
requiring a response to the premises, the code enforcement officer on the scene shall
inspect the premises, investigate the cause for the alarm, and determine whether or not
the response was in fact required. If the code enforcement officer determines the alarm
to be false~ the officer shall prepare a false alarm report~, and a written courtesy
warning shall be issued to the alarm user by regular United States mail or hand
delivery.
(2) The written courtesy warning shall notify the alarm user that any additional
false alarms tho iGGu3nca of one twe courtOGY 'J'J3rnings during 3 c310nd3r Y03r followod
by one or more blEa 31armG occurring at the same premises within the same calendar
year as the date of the first response 3nd 3ftor tho dato tho Eocond courtOEY 'l/3rning
':13S m3ilod or doli'.'ored may shall result in a citation being issued to appear in county
cou rt.
(3) If the fire department responds to the activation of an alarm at ffem the same
premises where the alarm user has been or was going to be issued m3ilod or dolivored
twe ~ courtesy warnings, if the alarm occurs 3ftor tho d3to tho 313rm usor V..,3E m3ilod or
dolivorod tho Gocond courtocy w3rning and within the same calendar year as the date
of the first response, and if after inspecting the premises and investigating the cause for
the alarm, the code enforcement officer determines the alarm was false, then the alarm
user shall be issued a citation to appear in county court unlacs tho 313rm usor complioE
with tho requiremontc of subEootion (1) of thic Eoction.
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Ordinance No. 7193-03
(4) Prior to issuing a oitation, a codo onforcomont officor chall pro'.'ido notico to
tho alarm ucor that tho alarm usor hac committod a civil infraction and chall pro'.'ido tho
alarm usor 15 dayc from tho dato of recoipt of tho notioo to prosont to tho fire
dopartmont writton ovidonco from a Iicom~od alarm company that tho company has
inspoctod tho systom and that any dofocts of dosign, installation or oporation of tho
alarm systom, which aro idontifiablo as tho causa of tho faleo alarm, ha'.'o boon
correctod. Tho writton ovidonco shall includo an administrativo foo of $22. 50 to covor
tho city's cost to roviO'vv tho inspoction report. If tho alarm usor fails to preeont such
writton ovidonco or fails to includo tho full administrative foo within tho 15 day poriod so
providod, tho codo onforcomont offioor who I t;spondod to tho falso alarm shall causa to
bo issuod a citation to tho alarm usor to appoar in county court.
Blfa1 The issuance of 9. courtesy warnings to the alarm user is not intended to
create any rights in af the alarm user. The city could have issued a citation rather than a
warning after the first and socond responses to the premises where the enforcement
official determined no response was in fact required. The issuance of 9. courtesy
warnings is merely a courtesy offered by the city to induce the alarm user to take
corrective actions to prevent false alarms.
@te1 The code enforcement officer shall have the right to inspect any alarm
system to determine whether the alarm system is being used in conformance with the
terms of this article.
@}f71 If code enforcement officers respond to the same premises more than
once during any eight-hour period, only one false alarm will be chargeable against the
alarm user. For example, if a false alarm occurs at the alarm user's premises at 2:00
a.m., the next chargeable false alarm could not occur until 1 0:01 a.m.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
October 16, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 6, 2003
BrianJU
Mayor-Commissioner
Approved as to form:
Atte~t: ..
Robert J. S rette
Assistant ty Attorney
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Ordinance No. 7193-03