04/23/1996
ADMINISTRATIVE HEARING
False Alarm Appeal -- John W. Salem
April 23, 1996 -- 10:00 a.m.
Present: Margaret Simmons, Finance Director
Officer Charlie Dunn, Clearwater Police Department
Gwen Legters, Board Reporter
John W. Salem, Appellant
Basis for Appeal: Appellant is contesting False Alarm Citation 00827, issued
March 16, 1996, due to faulty alarm equipment
Exhibits Submitted: None
Finance Director Margaret Simmons called the meeting to order at 10:00 a.m. as the City
Manager designee assigned to hear this case. Ms. Legters swore in witnesses.
John Salem, 1270 Santa Rosa Drive, Apt. #1, stated on December 29, 1995, a breaking and
entering incident resulted in the loss of five video cameras, two VCR’s, and a CD player, having a
combined value of $7,500. The next day, he purchased a wireless security alarm system from
Radio Shack and arranged to have ORCA monitor this system. Mr. Salem said he is qualified to
assemble and install the security alarm system, and did so on December 31, 1995. False alarms
sounded on December 31, 1995, at 10:30 p.m.; January 1, 1996, at 1:30 a.m.; and January 1,
1996, at 5:00 p.m. Mr. Salem stated faulty equipment and sensors were responsible. He said the
police department responded each time.
Mr. Salem submitted the required alarm user registration form to Officer Dunn’s office and was
issued an alarm user’s permit on January 8, 1996. In Police Department correspondence dated
January 10, and by a police officer after January 20, 1996, Mr. Salem was informed he was in
violation and was requested to submit notification of alarm service. Mr. Salem felt Police
Department paperwork was inaccurate, because the officer had made a note of Mr. Salem’s permit
letter and, presumably, reported Mr. Salem was not in violation of the notification provision.
Mr. Salem stated he received telephone messages from ORCA reporting three separate
alarms on March 16, 1996. He said he was working in St. Petersburg at the time, and could not
respond to the alarms. The Police Department issued the citation in question.
Mr. Salem complained he has replaced numerous defective system components, and has
documented equipment dysfunction for at least 90 days. He has not received a response from
ORCA’s call center manager. He felt ORCA is negligent and should be held responsible for the
defective equipment.
The meeting recessed from 10:15 to 10:20 a.m.
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Officer Dunn explained a clerical error had occurred and withdrew the false alarm citation. The
December and January alarms occurred during the 30-day grace period allowed by code.
According to Police Department procedure, one courtesy warning per year is issued to alarm users.
If another false alarm occurs within the year, a citation is issued. He stated a courtesy warning, not
a citation, should have been issued for the March 16 false alarms. Officer Dunn apologized to Mr.
Salem for the inconvenience caused by this error.
Mr. Salem suggested amending the alarm ordinance regarding alarm system maintenance.
He pointed out the ordinance refers to mechanical malfunction, without reference to electronic
systems. He suggested adding the word “electronic” to the description of malfunctions, to preclude
anyone contesting a violation on that technicality. Officer Dunn noted the suggestion.
Mr. Salem stated he has gone to great lengths to ensure security for his apartment and
belongings. He expressed strong concern his alarm system will malfunction in his absence and
does not want to be held responsible. Officer Dunn read from Code Section 5.41, definitions of
Alarm User and False Alarm. He explained Mr. Salem is the responsible party, according to code.
Neither the apartment building owner nor alarm company can be held responsible unless they
accept responsibility in writing. While the alarm monitoring company may be responsible to the
customer, they are not responsible to the Police Department. Mr. Salem said he needs to contract
with a company that takes responsibility for their equipment.
Ms. Simmons said she will refund the $25 appeal fee and send a letter verifying this action was
withdrawn.
The meeting adjourned at 10:25 a.m.
Respectfully submitted:
Board Reporter
cc: Elizabeth Deptula, City Manager
Margaret Simmons, Finance Director
Officer Charlie Dunn, Clearwater Police
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