5982-96AN ORDINANCE OF THE.CITY OF,CLEARWATER, FLORIDA,
RELATING TO FALSE FIRE ALARMS; AMENDING SECTION
5.25 TO PROVIDE AN ALARM USER TWO COURTESY
WARNINGS AND TO REQUIRE AN ALARM USER TO PAY AN
ADMINISTRATIVE FEE OF $22.50 FOR THE CITY'S REVIEW OF
WRITTEN EVIDENCE FROM A LICENSED ALARM COMPANY
THAT THE ALARM SYSTEM CAUSING A FALSE ALARM HAS
BEEN INSPECTED AND REPAIRED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater's false fire alarm ordinance allows an alarm user who
has had a false alarm to submit a report from an alarm company that the alarm system has been
inspected and is operating properly as a means for the alarm user to avoid being issued a citation
to appear in county court; and
WHEREAS, the Fire Prevention Division has absorbed the cost of reviewing the inspection
report provided by an alarm user for false fire alarms;
WHEREAS, the costs to the Fire Prevention Division to review the inspection reports
amounts to $22.50 for each report;
WHEREAS, increasing the number of courtesy warnings to which an alarm user is entitled
in a calendar year from one to two and transferring to the alarm user the city's administrative costs
to review the inspection report are fair and reasonable methods of attempting to eliminate the
public danger created by the city's response to false fire alarms.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
aection 1. Section 5.25, Code of Ordinances, is amended to read:
Sec. 5.25. Response to false Alarms; issuance of courtesy warmings and citations.
(2) The written courtesy warning shall notify the alarm user that the issuance of tr Q GAS
courtesy waminga during a calendar year followed by one or more false alarms occurring at the
same premises within the same calendar year and after the date the second courtesy warning
was mailed or delivered may result in a citation being issued to appear in county court.
(3) If the fire department responds to the activation of an alarm from the same premises
where the alarm user has been mailed or delivered t6M eae courtesy waming .1, if the alarm occurs
after the date the alarm user was mailed or delivered the second courtesy warning 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 unless the alarm
user complies with the requirements of subsection (d) of this section.
Ordinance 5952 -55
(4) Prior to issuing a citation, a code enforcement officer shall provide notice to the alarm
user that the alarm user has committed a civil infraction and shall provide the alarm user 15 days
from the date of receipt of the notice to present to the Fire Department written evidence from a
licensed alarm company that the company has inspected the system and that any defects of
design, installation, or operation of the alarm system, which are identifiable as the cause of the
false alarm, have been corrected. The written evidence shall include an administrative fee of
$22.50 to cover the 236 costs to review the inspection report If the alarm user fails to present
such written evidence or fails to include the full administrative fee within the 15 -day period so
provided, the code enforcement officer who responded to the false alarm shall cause to be issued
a citation to the alarm user to appear in county court.
(5) The issuance of a courtesy warnings to the alarm user is not intended to create any
rights of the alarm user. The city could have issued a citation rather than a warning after the first
-wd second responses to premises where the enforcement official determined no response was in
fact required.. The issuance of a
courtesy waminga is merely a courtesy offered to induce the alarm user to take corrective actions
to prevent false alarms.
Section, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING February 1, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form
an riciency,
Robert J. tte, Esq.
Assistant Attorney
February 15, 1996
6a A, 1, - 1, e, I
Rita Garvey, Mayor -Co sioner
Attest:
_ E . l deg- -.�L.� -
Cyn is E. Goudeau
City Clerk
2
Ordinatm 5582 -96