08/28/1991
APPEAL TO FALSE ALARM CITATION by NARK CAGNI
August 28, 1991
9:00 A.M.
Present: Elizabeth Deptula, Assistant City Manager
Mark Cagni, 144 Devon Drive, Clearwater
Milton A. Galbraith, Jr., City Attorney
Charles Dunn, Police Officer
Mary K. Diana, Assistant City Clerk
Gwen Legters, Staff Assistant II
Ms. Deptula called the meeting to order at 9:10 a.m. and stated the purpose of
this administrative hearing is to hear an appeal for false alarm citation number
01726.
Witnesses were sworn in by Ms. Diana.
Mr. Cagn i indicated he received a citation subsequent to h i s break-glass detector
alarm sounding, he assumed, due to vibrations from severe weather, heavy rains
and lightning. He stated he feels this false alarm was not reasonably under his
control due to the weather conditions.
In response to questions, Mr. Cagni indicated he has no evidence to support this
assumption, but it has happened in the past. He stated he has magnetic contacts
• on all the other openings and since none of these had been opened, he feels
vibrations activated the break-glass detector. He said he has since had the
sensitivity of the detector adjusted, and although he feels less safe now, he
understands the City's viewpoint regarding responding to false alarms. He feels
the reason for an alarm is to prevent intrusion and he cannot set the alarm to
the degree of sensitivity he believes necessary due to the frequent heavy weather
in this area. He stated the alarm is not a noise detector, is set to detect
breaking glass and was adjusted on July 30, after the citation was issued.
Although there have been several thunderstorms since that time, the alarm has not
sounded.
A question was raised. regarding whether or not the alarm would sound as a result
of knocking with a fist or a hammer. Mr. Cagni indicated he has not tested the
alarm in this manner.
Officer Dunn explained the citation stating Mr. Cagni's alarm user permit number
3937 was issued July 7, 1991, a courtesy warning was issued for a false alarm on
July 12, 1991 and the citation was issued on July 30, 1991. He said Officer
Burkhammer responded to the call, indicated there were heavy rains and lightning,
there was no sign of criminal activity, the cause of the alarm was unknown and
she checked all windows and doors which were locked and intact. Officer Dunn
stated there was no
shouldn't set off an
because of the large
responds, the alarms
sensitive.
reason for the alarm to go off and hammering on a window
alarm. He indicated this citation should not be dropped
number of false alarms to which the Police Department
companies know what the law is and the alarm was too
8/28/91
In response to a question, Mr. Cagni indicated he has had the alarm since
October.
It was not known whether or not it was raining the day the courtesy warning was
issued and Officer Dunn stated he would research the police report for the
weather conditions during the day in question.
Discussion ensued regarding the alarm system. Mr. Cagni stated he knows of no
way to test the alarm other than breaking the glass. It was indicated
professional alarm companies are familiar with the thickness and characteristics
of various types of glass and can adjust the alarm accordingly. Mr. Cagni
indicated the break-glass detector is on a fixed picture window and his French
doors have dead bolt locks. Officer Dunn recommended key locks rather than dead
bolt latches be used on the inside and outside of French doors.
Ms. Deptula stated, in accordance with the ordinance, the decision would be made
within ten days and the appellant would be notified in writing.
The hearing adjourned at 9:25 a.m.
C7
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