Item V (A) Public Hearings - Ordinance No. 93-16, relating to False Alarms Fees t
AGENDA 8-17-93
/ : Item V A
t
STAFF REPORT
DATE: July 28, 1993
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ron Strosnider, Fire25---
f(jJohn Boyd, Police Ch
SUBJECT: False Alarm Response Fee Ordinance
ISSUE: Should The Honorable Mayor and Board of City
Commissioners adopt Ordinance 93-16 to create a new
Chapter 75 of the Code of The City of Ocoee to
provide a measure of accountability for the cost of
police and fire personnel and related equipment
which respond to false alarms?
BACKGROUND: The taxpayers of the City of Ocoee currently pay all
costs involved in emergency responses by the police
and fire departments . This includes responses to
false alarms that are caused by negligence, misuse,
and/or malfunctioning privately owned alarm systems
DISCUSSION: False alarms receive thesame response as actual
alarms . Police officers and firefighters respond to
all alarms in an emergency mode (i .e. utilizing
warning lights and sirens ) . When responding in an
emergency mode the risk of being involved in an auto
accident is increased by 300% .
When police officers and firefighters are responding
to or investigating a false alarm they are unable to
respond to what may be a true emergency, because
every alarm must be treated as a true emergency
until proven otherwise.
Annually the police and fire departments
collectively respond to approximately 1200 false
alarms . The cost involved in responding to false
fire alarms is approximately $150 . 00 per occurrence,
and the cost involved in responding to false police
alarms is approximately $15 . 00 per occurrence.
These figures only represent personnel wages and
equipment operating expenses for an annual total of
$26000 . 00 .
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A
The cost of any personal injuries, damaged
equipment and/or property that may occur due to
any accidents that may occur during the response
to a false alarm is not calculated in the per
occurrence figures as shown. For example: A
police vehicle was involved in an auto accident
this year while responding to a false alarm. The
result was $3700 . 00 in damage to the police
vehicle. Plus the vehicle was unusable for one
month while repairs were being completed.
Of all unwarranted false alarm responses to
commercial occupancies 30% of the fire department
responses are repeat false alarms and 80% of the
police department responses are repeat false
alarms . 33% of all false alarm responses to
residential occupancies are repeat false alarms .
The number of false alarm responses is expected to
increase due to more commercial and residential
developement and the fact that privately owned
alarm installations have become a relatively
common installation in new construction.
RECOMMENDATION:
It is respectfully recommended that the Honorable
Mayor and Board of City Commissioners adopt
Ordinance 93-16 .
rh
ORDINANCE NO. 93- 16
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ADOPTING A NEW CHAPTER 75 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE RELATING TO
FALSE ALARM RESPONSE FEES; ESTABLISHING FEES
FOR FALSE ALARMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Ocoee City Commission has determined that it
is prudent to make the best use of personnel and resources; and
WHEREAS, the Ocoee Police and Fire Departments maintain
a level of service standard by responding immediately to every
alarm to protect the lives and property of the citizens of the City
of Ocoee; and
WHEREAS, alarms place police officers and firefighters in
positions in which themselves and others may be endangered; and
WHEREAS, false alarms generate immediate responses the
same as a real alarm; and
WHEREAS, the expense involved in false alarms is now
absorbed unnecessarily by the taxpayers of the City of Ocoee rather
than the property owner responsible for the false alarm; and
WHEREAS, the City Commission of the City of Ocoee desires
to establish a false alarm response fee for properly placing the
expense of such response;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. The City Commission of the City of Ocoee,
Florida 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 TWO. A new Chapter 75 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby adopted as follows:
CHAPTER 75
False Alarm Response Fees
Section 75-1. Short Title.
This Chapter shall be known and may be cited as the
"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:
A. Owner means the legal owner of a building,
structure or facility, or the lessee, manager, or agent of
record of a building, structure or facility.
B. False Alarm means 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.
C. Alarm System means 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.
D. Test Alarm means 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.
E. Enforcement Official means the Police Chief,
Fire Chief or their designated representatives.
Section 75-3. False Alarm Response Fees Charged.
A. Each time the Fire Department or Police
Department responds to a False Alarm when no acceptable reason
for the False Alarm can be detected the Enforcement Official
shall issue a warning notice to the Owner, which warning
notice shall require that the Alarm System be inspected and/or
serviced within two (2) working days with written
documentation submitted to the Enforcement Official that the
Alarm System is in proper working order.
B. There shall' be no fee charged for a first
response to the premises for a False Alarm or for the second
or third response by the Police Department or the Fire
Department. After the occurrence of such a third response to
premises, a certified letter shall be sent to the Owner of the
premises advising the Owner that subsequent False Alarm
responses to premises within the six (6) month period
following receipt of such certified letter shall result in the
following False Alarm response fees:
1. For the first response to premises within
six (6) months following receipt of the
certified letter a fee of thirty-five
dollars ($35.00) .
2. For a second response to premises within
six (6) months following receipt of the
certified letter a fee of seventy-five
dollars ($75. 00) .
3 . For a third and all subsequent responses
to premises within six (6) months
following receipt of the certified letter
a fee of one-hundred-fifty dollars
($150. 00) .
After the occurrence of such a third response to the premises,
the False Alarm response fee set forth above shall be charged
to the Owner of the premises for each additional response
within the six (6) month period following the receipt of the
certified letter. The Enforcement Official shall issue a
notice to the Owner of the premises advising that a False
Alarm response fee has been imposed and the amount of such
fee. The False Alarm response fee shall be due and payable to
the City of Ocoee within five (5) working days of the date of
such notification. Failure to pay within said period shall
result in a late charge of twenty dollars ($20.00) being due
and payable. Payment of all such fees shall be made to the
Finance Department of the City of Ocoee.
C. If there are no additional responses to the
premises within the six (6) month period following the receipt
by the Owner of the certified letter, then the next response
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to the premises for a False Alarm shall be considered a first
response for purposes of this Chapter.
D. Failure to pay any False Alarm fee(s) or late
charges when due or payable shall result in the recording of
a lien against the land upon which the Alarm System is
situated and on any other real or personal property of the
Owner.
E. A dispute by an Owner regarding compliance with
the provisions of this Chapter shall result in presentation of
the Code violation to the Ocoee Code Enforcement Board
pursuant to Chapter 7 of the Code of Ordinances of the City of
Ocoee.
SECTION THREE. 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 hereby.
SECTION FOUR. Codification. It is the intention of the
City Commission of the City of Ocoee that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances
of the City of Ocoee; and that sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to
"chapter", "article", "section" or other such 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 :nay be renumbered or relettered and the correction
or typographical errors which do not effect the intent may be
authorized by the City Manager, without need for public hearing, by
filing a corrected or recodified copy of same with the City Clerk.
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SECTION FIVE. Effective Date. This ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1993 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergriet, Mayor
(SEAL)
ADVERTISED August 5 & 7 , 1993
READ FIRST TIME August 3 , 1993
READ SECOND TIME AND ADOPTED
, 1993,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1993 .
FOLEY & LARDNER
By:
Paul E. Rosenthal
City Attorney
C:\WPS1\DOCSIOCOEWRDIN.SWZ 17/29/93 118.9008 I SWZ:jed
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NOTICE OF PUBLIC HEARING
CITY OF OCOEE
Notice is hereby given pursuant
to Florida State Statute 166.041.
that the Board of City Commis-
sioners of the City of Ocoee will
hold a public hearing in the
Community Center located at
125 N. Lakeshore Drive, Ocoee,
Florida during a regular session
to be field, on August 17, 1993,
at 7:30 p.m., or as soon ther-
eafter as possit?Ie, in order to
consider the adoption of the fol-
lowing ordinance:
ORDINANCE NO. 93-16
AN ORDINANCE OF THE
CITY OF OCOEE, FLORIDA,
ADOPTING A NEW
CHAPTER 75 OF THE
CODE OF ORDINANCES
OF THE CITY OF OCOEE
RELATING TO FALSE
ALARM RESPONSE FEES;
ESTABLISHING FEES FOR
FALSE ALARMS;' PROVID-
ING FOR SEVERABILITY;
PROVIDING FOR CODIFI-
CATION; PROVIDING FOR
AN EFFECTIVE.DATE.
Interested parties may appear at I
•the meeting 'and be heard with
respect to the`proposed;'action.
A copy of the proposed ordi-
nance may be examined at City
Hall, 150 N. Lakeshore Drive,
Ocoee, Florida, between the
hours of 8:00 a.m. and 5:00
p m., Monday through Friday.
NOTICE: Any person who de-
sires to appeal any decision
made by Commission with re-
atpsuch meeting wilconsidered e-
cord of .the proceedings and
for such purpose may need•to
ensure that a verbatim record
of the proceedings is made,
which record includes the tes-
timony and evidence upon
' which the appeal is to be
based.
Jean Grafton, City Clerk
COR8561003 Aug.7,1993