9104-18ORDINANCE NO. 9104-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SECURITY ALARM SYSTEMS; AMENDING
SECTION 5.44(1), CODE OF ORDINANCES TO REMOVE
REFERENCE TO 'FLORIDA POWER CORPORATION';
AMENDING SECTIONS 5.46(2) AND (3), CODE OF
ORDINANCES TO UPDATE SERVICE CHARGE SCHEDULE
AND INCREASE TIME TO PAY SERVICE CHARGES; AMENDING
SECTIONS 5.47(2), (3), AND (4), CODE OF ORDINANCES TO
ALLOW THE CITY MANAGER TO NAME A DESIGNEE TO HEAR
APPEALS; AMENDING SECTION 5.62(1), CODE OF
ORDINANCES TO PROVIDE FOR ELECTRONIC
REGISTRATION; AMENDING SECTION 5.63, CODE OF
ORDINANCES TO CHANGE SECTION TITLE AND REMOVE
DECAL REQUIRMENT; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 5.44(1), Section 5.46(2) and (3), Section 5.47(2), (3), and (4),
Section 5.62(1), and Section 5.63, Clearwater Code of Ordinances, are amended to read
as follows:
Sec. 5.44. — Required Equipment; penalty for violation.
(1) All security alarm systems connected to electrical lines
shall have a backup power supply that will become effective in the event of power
failure or outage.
Sec. 5.46. — Service charge for false alarms.
(2) The first activation within a permit year of an alarm user's permitted 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. The first activation within a permit year
of an alarm user's unpermitted security alarm system determined by the
responding police officer to have been a false alarm shall result in a service charge_ ,
unless the alarm user registers their security alarm system pursuant to Sec. 5.61
within 30 days of the receipt of the notice of service charge. However, an alarm
user who obtains a permit for their unpermitted security alarm system and receives
Ordinance No. 9104-18
a courtesy warning instead of a service charge will still have accumulated one false
alarm in that permit year for purposes of the escalating service charge schedule in
paragraph (3) of this section.
(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 per the following table, which shall be considered
a bill owed by the alarm user to the city.-_
Insert table
Permit
No Permit
Alarm Calls
Fine
Alarm Calls
Fine
First
Second — Fifth
Sixth +
No Fine
$50.00 each
$100.00 each
First
Second — Fifth
Sixth +
$50.00
$100.00 each
$150.00 each
Each service charge shall be paid to the police department within 45 30 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.
Sec. 5.47. — Appeals.
(2) The city manager or his/her designee shall hold a hearing within 20 calendar days
from the date the alarm user files the request for a hearing with the city clerk's
office. The alarm user shall be given notice of the hearing and shall have an
opportunity to present evidence on his behalf, to cross-examine any witnesses,
and to be represented by counsel. Within ten calendar days of the hearing, the city
manager or his/her designee shall file with the city clerk's office a written decision
upholding or canceling the false alarm report. The written decision shall be final
and conclusive, subject to judicial review by common law certiorari in the circuit
court for the county.
(3) If the alarm user is unsuccessful in having the city manager or his/her designee
declare the false alarm to be genuine or beyond the control of the alarm user and
if the alarm user fails to seek further review in the circuit court, the alarm user shall
have 30 calendar days from the date the city manager or his/her designee files the
written decision with the city clerk to satisfy the requirements of section 5.46(3);
otherwise the alarm user's permit for the premises shall become automatically
revoked.
Ordinance No. 9104-18
(4) If the city manager or his/her designee determines that the alarm was activated by
lightning, the false alarm report shall be cancelled. However, within 15 calendar
days from the date the city manager or his/her designee files the written decision
with the city clerk, the alarm user must present the police department written
evidence from an alarm company licensed by the city certifying that the alarm
system is operating properly, otherwise the alarm user's permit for the premises
shall become automatically revoked.
Sec. 5.62. — Application.
(1) Applications for alarm permits shall be made electronically or on forms provided
by the police department. _ - . - _ ' _ _ _ _ _ - • - _ by the applicant or the
applicant's agent. The application shall state the alarm user's name, and the
address and telephone number of the alarm user's property to be serviced by the
alarm. For business alarm users, the application shall also include the name of an
individual employed at the premises who will represent the business as its agent
to receive service of any notice required by this article. If the alarm user's alarm is
serviced by an alarm company, the alarm user shall also include the name,
address and telephone number of that company. If the alarm user's alarm is
monitored by a company other than the company servicing the alarm, the
application shall also contain the name, address and telephone number of the
company monitoring the alarm system. If the alarm user's security alarm system
was installed after October 1, 1990, the application shall also include the city's
building permit number for the installation of any system required by the city code
to be installed by a properly licensed alarm contractor and the date of final
inspection
Sec. 5.63. — Monitoring Companies.
of -theme
(2) The alarm or monitoring company contacting the police department regarding an
activated alarm shall inform the police department of the alarm user's permit
number.
Ordinance No. 9104-18
Appr
Section 2. This ordinance shall take effect immediately upon adoption.
MAR 1 5 2018
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
ved as to f
rm:
Matt S
Assistan City Attorney
APR 0 4 2018
-ckeo ,Qr‘cfcVkos
George N. Cretekos
Mayor
Attest:
,ttdcrnadat� �
Rosemarie Call
City Clerk
Ordinance No. 9104-18