Item #07 Second Reading of Ordinance- Change in Chapter 75, False Alarm Response Fees`` ',
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AGENDA ITEM COVER SHEET
Meeting Date: April 7, 2015
Item #
Reviewed By
Contact Name: William Wagner Department Director: Ch,
Contact Number: (407) 905 -316 x3319 City Manager: Rob Frank
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 `Y)
Public Hearing
_ Ordinance First Reading
X Ordinance Second Reading
_ Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dent. Use:
Consent Agenda
Public Hearing
Regular Agenda
unginai Uocument/Gontract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (
N/A
N/A
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)
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.
ADVERTISED , 20_
READ FIRST TIME - ,20 _
READ SECOND TIME AND ADOPTED
20_
UNDER AGENDA ITEM NO.
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 — the 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 re s ponse foes Gh� „a Warning and violation
rv��JV IVVJ
A. Ea t 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 shall issue a
warning notice to the owner of the premises wh+sh warning nGtiGe shall require tha
the alaFrn systern be inspeGted andier sePV within hve working days with wFitteR
w nr� order.
B. Fee SG"„edu;e- 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.
STWOMOM
- -
- - -
- -
- a -
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
ATTEST:
Beth Eikenberry, City Clerk
day of , 20
APPROVED:
CITY OF OCOEE, FLORIDA
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.
City Attorney
-3-
EXHIBIT A
CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEDULE
ORDINANCE
FINE
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 eneh 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 eaeh offense within 12 months of date of
last offense)
Chapter 153 — Streets and Sidewalks, Article III, Golf Carts on
$100.00
Public Streets
in
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-
COPY OF ADVERTISEMENT
Date Published and Media Name
Orlando Sentinel SUNDAY, MARCH 22 2015 D3
Advertisement or Article
Aic
Mc
CRY Of OCOEE - PUBUC HEARINO
Clh CommHSSlon will�be hel uesday
April 7 4015, at 7:15 p.m. or as loom
thereof} as may be heard In the
Commisgloorr�1 Chambers of CFty Hall
Flor ida, xorons derhthe pr inga
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA AMENDING
CHAPTER 75 OF THE CITY OF
OCOEE CODE, RELATING TO
FALSE ALARM RESPONSE FEESi
PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIV DATE•
OS3141295 3RPws
Bath Eikenberry
City Clerk
Orlando Sen tinel
Published Daily
ORANGE County, Florida
STATE OF FLORIDA
COUNTY OF ORANGE
Before the undersigned authority personally appeared
CITY OFOCOEE- PUBLIC HEARING
Sheri Schmitz / Adeliris DelValle / Charity Casas / Pam Arnold who
A Public Hearing before the Ocoee
City Commission will be held Tuesday,
on oath says that he or she is an Advertising Representative of the
y g p
April 7, 2015 at 7:15 P.m. or as soon
thereafter
ORLANDO SENTINEL, a DAILY newspaper published at the
as may be heard, in the
40 C om m ission of City
ORLANDO SENTINEL in ORANGE County, Florida; that the
cHall
a Lakeshore
Florida, to consider the following:
attached copy of advertisement, being a Legal Notice in the matter of
OCOEE, FLORIDA T AMENDING
11150- Public Hearing Notice, Tuesday, April 7, 2015, at 7:15 p.m.
CHAPTER 75 OF THE CITY OF
OCOEE CODE, RELATING TO
was published in said newspaper in the issues of Mar 22 2015.
LSE
PROVID NG OR SEVERABILETY;
PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
Affiant further says that the said ORLANDO SENTINEL is a
y
If a Person decides to appeal any
newspaper published in said ORANGE County, Florida, and that the
decision made by to above City
Comm w Su s h earing iite °t win
said newspaper has heretofore been continuous) published in said
y l
need a record of the proceedings, and
for
ORANGE Count Florida, each day and has been entered as
ty y
such purpose they may need to
ensure that 0 verbatim retard of the
proceedings is made, which record
periodicals matter at the post office in ORANGE County, Florida, in
upon which the appeal is to be baked
said ORANGE County, Florida, for a period of one year next
An interested parties are invited to
preceding the first publication of the attached copy of advertisement;
attend and be heard with c
wi respe
t0 the above. In accordance t
th
and affiant further says that he or she has neither paid nor promised
I he Americans with Disabi iities
Act, persons needing a special
any person, firm or corporation any discount, rebate, commission or
accommodation or an interpreter to
Participate In this proceeding should
refund for the purpose of securing this advertisement for publication in
contact the City Clerk's office at 407.
date 10f5hat le ast two days prior to the
the said newspaper.
Beth Eikenberry
City Clerk
053141285 3/2212015
Signature of Affiant
Sworn to and subscribed before me on this 24 day of March, 2015,
by Sheri Schmitz / Adeliris DelValle / Charity Casas / Pam Arnold
who is personally known
to me or who has produced identification.
Signature of Notary u lic
.I�..v DEBORAH M. TONEY
-R' l h , 's NOTARY PUBLIC
STATE OF FLORIDA
MY COMMISSION # FT 065219
'�%°` !` °•' EXPIRES: November 18, 2017
Name of Notary, Typed, Printed, or Stamped
3141285