HomeMy WebLinkAboutItem #05 First Reading of Ordinance - Change in Chapter 75, False Alarm Response Fees ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: March 17, 2015
Item # 5
Reviewed By:
Contact Name: William Wagner Department Director: Charl -; 1 w`y/ 4
Contact Number: (407) 905 -3160 x3319 City Manager: Rob Frank /�,/ 4
Subject: Change in Chapter 75, false alarm response fees
Background Summary:
Chapter 75 of the City Code provides procedures and fines /fees for City Police and Fire Department responses
to false alarms or the activation of an alarm system due to reasons including, but not limited to, mechanical
failure, malfunction, improper maintenance, or other negligent or intentional acts. Responding to a false alarm is
a poor use of resources, resulting in unnecessary costs to the City and presenting a risk to public safety due to
the unnecessary diversion of critical public safety resources. For this reason, staff believes the ordinance
should be updated and clarified.
Currently, enforcement of alleged false alarm violations are heard by the City's Code Enforcement Board.
However, under the proposed changes, alleged violations will be heard by the City's Violations Hearing Board.
Current fines /fees escalate starting at $35.00 for the fourth response to a false alarm, $75.00 for a fifth
response to a false alarm, and $150.00 for sixth and subsequent responses to a false alarm, all occurring in a
six month period. The proposed changes include establishing a flat fine of $100.00 for fourth and any
subsequent violations occurring in a six month period.
Issue:
Should the Honorable Mayor and City Commissioners approve an ordinance amending Chapter 75, relating to
nuisance false alarms, to allow for hearings before the City's Violation Hearing Board, to establish a fine of
$100.00 for fourth and any subsequent violations occurring in a six month period, and to update the code
provisions? An associated amendment to Resolution 2013 -005, Fine and Fee Schedule, is also required.
Recommendations
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance
providing for amendments to the City Code as described above and, following second reading of the
Ordinance, approve an amendment to Resolution 2013 -005 to establish a fine for fourth and subsequent
violations occurring in a six month period.
Attachments:
Ordinance and Resolution (at second reading).
Financial Impact:
N/A
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept. Use:
_X _ Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. _ ' N/A
Reviewed by () N/A
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
CHAPTER 75 OF THE CITY OF OCOEE CODE, RELATING TO FALSE
ALARM RESPONSE FEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to amend Chapter 75 of the City of Ocoee Code, relating to false
alarm response fees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
Section 2. Chapter 75. Chapter 75, relating to false alarm response fees, is
hereby amended as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
Section 4. Codification. It is the intention of the City Commission of the City
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "chapter," "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions; and
regardless of whether such inclusion in the Code is accomplished, sections of this
Ordinance may be renumbered or relettered and the correction of typographical errors
which do not affect the intent may be authorized by the City Manager, without need of
public hearing, by filing a corrected or recodified copy of same with the City Clerk.
Section 5. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of , 20_
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 20
READ FIRST TIME , 20
READ SECOND TIME AND ADOPTED
, 20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Chapter 75 of the City of Ocoee Code, is hereby amended to read as follows with
strikethroughs showing deletions and underlines showing new language:
Section 75 -1. Short title.
This chapter shall be known and may be cited as the "Nuisance False Alarm
Response Fee Chapter."
Section 75 -2. Definitions.
For purposes of this chapter, the following terms shall have the meanings set forth in
this section:
ALARM SYSTEM — Any mechanical, electrical or radio - controlled device
which is designed to be used for the detection of any unauthorized entry into
a building, structure or facility, or for alerting others to the commission of an
unlawful act within a building, structure or facility, or which emits a sound or
transmits a signal or message when activated by smoke, heat or fire. Without
limiting the generality of the foregoing, "alarm systems" shall be deemed to
include audible alarms at the site of the installation of the detection device,
proprietor alarms and automatic telephone dialing devices or digital alarm
communicator devices.
ENFORCEMENT OFFICIAL — The Police Chief, Fire Chief or their
designated representatives.
FALSE ALARM — theThe activation of an alarm system through mechanical
failure, malfunction, improper installation or maintenance or through the
negligent or intentional misuse of the alarm system caused by the owner of
the premises where the alarm system is installed. "False alarms" do not
include alarms caused by test alarms or those alarms activated by the owner
of the premises which would lead a careful and prudent person to believe
that a fire, forced entry, robbery or other felony was in progress at the
premises protected by the alarm system.
NUISANCE ALARM – The occurrence of four or more false alarms within a
six -month time period at the same property which requires a response by the
Police Department or Fire Department, when the nature of the alarm is a
false alarm. The six -month time period shall be calculated beginning on the
date when the first False Alarms response occurs.
OWNER OR OWNER OF THE PREMISES — The fee title owner of a
building, structure or facility, or the lessee, manager or agent of record of a
building, structure or facility, or the person in charge of the building, structure
or facility where the alarm system is located.
TEST ALARM — A maintenance or testing of an alarm system in which prior
approval for such maintenance and /or testing has been obtained from an
enforcement official.
Section 75 - 3. False alarm response- -fees - -c1 arged -- warning and violation.
A. Each time The first three times the Fire Department or Police Department
responds to a false alarm when no acceptable reason for the false alarm can be
detected within a six -month time period, the enforcement official shallmay issue a
warning notice to the owner of the premises - - - - • _ • - - -_ -
documentation submitted to thc enforcement official that thc alarm system is in proper
werking girder.
B. Fee schedule- Nuisance Alarms. The occurrence of four or more false alarms
during a six -month time period, as determined by the Police Chief, shall be
considered a nuisance alarm and a Notice of Violation of this Code may be issued as
provided in Chapter 16 of the Code of Ordinances of the City of Ocoee. In the event
that a Notice of Violation is issued for Nuisance Alarm, the property owner shall be
subject to the requirements of Chapter 16 relating to violations, fines, procedures, and
a hearing to contest a Notice of Violation.
{1) No fee shall be charged for thc first three responses by the-Poke
- c.•••-• - • - • - . - e _ rtmen+ +, T� te- he— premiccc for false - alarms •
occurrin: • -"- - • - - , - - - - - - - - - _ - - .- • -
response to a false alarm. After thc occurrence within a six month period of
thrcc such false alarms responses to the premises, a certified Icttcr shall be
sent to thc own- - • - - - -- • - -e • _ •- - - _ - - - c- - • _ isc •- -- - se- - - - - •. - • ••• -- • • e- - - - - - g receipt of
such certified Icttcr shall - result in the-following false alarm response fees.
(a)-For the first response to premises within six months - following receipt of
(b) For a second response to premises within six months following receipt of
. - • _ . _ . - - - adult responses to premises within six months
foltewing- reccipt of the certified letter: a fee of $150.
• _ - . _ •_ e _ • - - - •• - _ . -d on which
- - - _ •• . - -• . .. - _ • - - • •• • - _ • - _ - - _ - rnises to
whom notice has been given. The holder of title in fcc simple to thc land on
which the alarm system is located shall bc jointly and severally liable for the
payment of a false alarm response fcc. Notice to thc title holder as set forth
in thc ad valorem tax records shall bc conclusive evidence ef- compliance
with this notice requirement.
C. After the six month period following the receipt- by --th
ccrtificd letter, the next response to the premises for a false alarm shall be
considered a first response for purposes of this chapter, and no fee shall be
charged until thrcc such responses again occur within a six month period as
provided in § 75 3B above,
D. Failure to pay any false alarm f,,,,- fees) -or late cha - • - •
mor*�rtgage Liens arc foreclosed. In the -event of such a foreclosure, the city
shall bc entitled to rccever from- the -elder of title-in-fee-simple to thc land-en
which thc alarm system is located -all costs and expenses incurrcd, including
b. - •••• . . - .blc attorney's fees, paraleg -al -fees and -ether
costs and expenses, whether incurred prior to, during or subsequent to court
proceedings or an appeal:
E. A dispute by an owner regarding compliance with the provisions of this
chapter shall result in presentation of the Code violation to thc Ocoee Code
Enforcement Board pursuant to Chapter 7 of the Code of Ordinances of thc
City of Ocoee. In such case, the sole issue bcforc the Code Enforcement
ctcrminc whether or not a violation of this chapter hay,
occurred.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AMENDING THE FINE AND FEE SCHEDULE AS
AUTHORIZED BY ORDINANCE NUMBER 2013 -005,
RELATED TO CHAPTER 16 OF THE CITY OF OCOEE
CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee adopted Ordinance 2013 -005 on
March 5, 2013, creating Chapter 16 in the City of Ocoee Code of Ordinances, relating to
Violations, including creating the Violations Hearing Board; and
WHEREAS, Ordinance 2013 -005 provides that the City Commission shall adopt a
resolution to provide for a fine and fee schedule related to violations of certain provisions of the
City of Ocoee Code of Ordinances; and
WHEREAS, the City Commission of the City of Ocoee adopted Resolution 2013 -005 on
March 5, 2013, to establish fines and fees for violations of certain provisions of the City of Ocoee
Code of Ordinances; and
WHEREAS, the City Commission of the City of Ocoee adopted Ordinance 2015- on
, 2015, placing violations of Chapter 75 of the City of Ocoee Code of Ordinances,
relating to false alarm response fees, under the jurisdiction of the Violations Hearing Board; and
WHEREAS, the City Commission of the City of Ocoee desires to amend the fine and fee
schedule established at Resolution 2013 -005 to include violations of Ordinance 2015- , related
to nuisance alarm violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Schedule of Fines and Fees. The City Commission of the
City of Ocoee hereby adopts and approves the Schedule of Fines and Fees, as may be amended
from time to time, for violations of certain provisions of the Code of Ordinances as provided in
Exhibit "A ", which is attached hereto and made a part hereof by reference.
SECTION 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
-2-
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
-3-
EXHIBIT A
CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEDULE
ORDINANCE FINE/FEE
Chapter 48 — Boats and Boating, Article III, Bow fishing $100.00
Chapter 61— Cemeteries
First Offense $50.00
Second and Subsequent Offense $100.00
(second and subsequent eaeh- offense within 12 months of date of
last offense)
Chapter 75 -- Nuisance False Alarm Response Fee
Fourth and Subsequent Offense $100.00
(fourth and subsequent false alarms within a six -month period,
calculated from the date of the first false alarm)
Chapter 113 — Noise -Loud, Unnecessary or Disturbing
First Offense $50.00
Second and Subsequent Offense $100.00
(second and subsequent eaeh- offense within 12 months of date of
last offense)
Chapter 124 — Parks, Recreation and other Community Facilities
First Offense $50.00
Second and Subsequent Offense $100.00
(second and subsequent ea-eh- offense within 12 months of date of
last offense)
Chapter 153 — Streets and Sidewalks, Article III, Golf Carts on $100.00
Public Streets
-4-
Chapter 164 — Registration, Maintenance and Security of
Abandoned Real Property
Registration $200.00
Failure to Register $500.00
Chapter 168 — Vehicles and Traffic
Parking $40.00
No Disabled /Handicap Sticker/Placard Permit $250.00
Administrative Fee (including filing fee) $50.00
-5-