Loading...
2015-006 False Alarm Response FeesORDINANCE NO. 2015 -006 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. SeverabilitV. 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 _J_ day of Gpr, I , 20_6 ATTEST: Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this V day of q�Z -��- , 2015- SHUFFIELD, LOWMAN & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED CCO,rC1 -� aQ , 20 15 READ FIRST TIMErf)n ,( y, 11, 2015 READ SECOND TIME AND ADOPTED 20 r5 UN ER AGENDA ITEM NO. 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 nharged, Warning and violation. A. EaGh tome 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 s#aflmav issue a warning notice to the owner of the premises which warning nn+ine shall require +hn+ the alarm system he inspen+ed andlor seFVi Gee within hyo working days with wFi++en werlk+eg erdef. B. Fees Ghed :le- 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 to contest a Notice of Violation. ■ giplilp ON 11 zi