§ 93.03. Security and fire alarm systems.
(a)
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
Alarm means a signal (audio or visual, recorded or live) transmitted to a law enforcement agency or the Fire District indicating a predetermined condition. Said alarm is received either:
(1)
Via a private alarm service company relayed to a law enforcement agency or Fire District telephone.
(2)
Via an audible/visual signal relayed to a law enforcement agency or Fire District by a third-party.
Alarm administrator means the City of Port St. Lucie Police Department, or its designee.
Alarm agent means any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, and responding to an alarm system.
Alarm business means any business operated by a person for a profit whose duties include altering, installing, maintaining, monitoring, moving, repairing, replacing, selling, servicing, and responding to an alarm system.
Alarm dispatch request means a notification to 911 central communications by the alarm business that an alarm, either manual or automatic, has been activated at a particular alarm site.
Alarm permit means a permit issued by the county or a third-party alarm administrator allowing the operation of an alarm system within the county.
Alarm site means a single premises or location served by an alarm system or systems. Each tenancy served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site.
Alarm system means any assembly of equipment, mechanical or electrical, arranged to:
(1)
Signal the occurrence of a forced entry, fire, or other activity requiring urgent attention and to which law enforcement or the Fire District is expected to respond; and/or
(2)
Monitor and/or annunciate the status of alarm or supervisory devices.
Alarm user means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained.
Automatic dialing device refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designated to detect.
Burglar alarm means an alarm system designated to indicate a condition of illegal forced entry or illegal attempted forced entry.
City means the City of Port St. Lucie.
County means St. Lucie County.
Duress alarm or panic alarm means an alarm system designed to alert law enforcement or the fire department that the alarm user is in an emergency situation where a threat to person(s) or property exists. A duress alarm or panic alarm is frequently but not always controlled by a concealed duress alarm/panic alarm button. These buttons can be connected to a monitoring center via a silent alarm or an audible bell/siren.
False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the owner, user, custodian, or lessee of an alarm system, or his requiring an emergency response, when in fact an emergency does not exist or the activation of the alarm, whether intentional or unintentional. False alarms do not include:
(1)
Alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions.
(2)
Alarms covered by F.S. Section 806.101.
False alarm dispatch means an alarm dispatch request to a law enforcement and/or fire department, when the responding officer finds no evidence of a criminal offense or attempted criminal offense or fire after having completed a timely investigation of the alarm site. An alarm dispatch that is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch.
Fire alarm means an alarm system designated to indicate the presence of fire or smoke is in progress immediately preceding the alarm.
Fire department means the St. Lucie County Fire District.
Fire District means the St. Lucie County Fire District.
Fire Marshal means the St. Lucie County Fire Marshal, or his designee.
Law enforcement executive means the Chief of Police for the City of Port St. Lucie, or his designee.
Law enforcement agency means the City of Port St. Lucie Police Department and/or the St. Lucie County Sheriff's Office.
Medical alarm means an alarm system designated to signal the presence of a hazard requiring urgent attention and to summon emergency medical personnel.
Monitoring means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to 911 central communications for the purpose of summoning police response to the alarm site.
Primary trunkline means a telephone line leading directly into the communication center of any law enforcement agency that is for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within the county.
Record title owner means the person or persons in whose name title to real property are recorded on the public records.
Robbery alarm means an alarm system designated to indicate a robbery (holdup) is in progress immediately preceding the alarm, or the activation of a device designed to signal duress or the activation of a device to signal an ambush is in progress immediately preceding the alarm.
Sheriff means the St. Lucie County Sheriff, or his designee.
Special trunkline means a telephone line leading into the communication center of any law enforcement agency and having the primary purpose of handling emergency signals or messages originating either directly or through a central location from automatic dialing devices.
Third-party administrator means an entity designated by City Council to administer the provisions of this Ordinance.
Verify means an attempt, by the alarm business, or its representative, to contact the alarm site and/or the designated contact person by telephone or other electronic means, whether or not actual contact with a person is made, before requesting a law enforcement and/or fire department dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
(b)
Automatic dialing device—Interconnecting to trunklines.
(1)
No automatic dialing device shall be interconnected to any primary or special trunkline at any law enforcement agency or fire department in the City or the 911 communications center unless under special investigative purposes as authorized by the law enforcement executive of the law enforcement agency, the fire marshal or the public safety director.
(2)
If a law enforcement agency has knowledge of the unlawful maintenance of an automatic telephone dialing alarm system installed, or operated in violation of Sec. 93.03(b)(1), it shall, in writing, order the owner, operator or lessee to disconnect and cease operation of the system within seventy-two (72) hours of receipt of the order.
(3)
Any automatic telephone dialing system installed as set forth in Sec. 93.03(b)(1) prior to the effective date of the Ordinance from which this section is derived, shall be removed within forty-five (45) days of the order as referenced in Sec. 93.03(b)(2).
(4)
Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the City after the effective date of the ordinance from which this article is derived shall furnish that person with instructions that provide adequate information as required by the National Fire Protection Association Standards to enable persons using such device to operate it properly and, if the device is to be serviced or maintained by another alarm business, shall furnish such other alarm business with a manual or other information, including a diagram of the final installation necessary to enable it to service or properly maintain such device.
(5)
If the law enforcement executive or fire marshal responsible finds such instructions to be incomplete or unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the instructions and mail them out by certified letter to provide adequate information, and then to distribute the revised information to persons who have had such devices installed as well as to persons subsequently having such devices installed.
(6)
Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the City after the effective date of the ordinance from which this article is derived shall furnish to the person buying or leasing such device written information and training concerning how service may be obtained at any time, including telephone number to call for service.
(c)
Alarm permit—Required.
(1)
It shall be unlawful for any person or company to operate, monitor, or be responsible for an alarm system, without prior registration with the third-party administrator designated by City Council. This shall apply to both commercial and residential systems. A separate permit is required for each alarm site.
(2)
Each person or company which operates, monitors, or has responsibility for alarm systems, who notifies the City of an alarm activation, shall at the time of notification, disclose the name, address, telephone number, and permit number of the alarm user to the county.
(d)
Application.
(1)
Any person desiring an alarm system permit shall file an application with the third-party alarm administrator on a form provided by the administrator manually or electronically which includes but is not limited to, the following information:
a.
The name and address of the applicant;
b.
If different than above, the address at which the alarm system is to be installed and used;
c.
If the applicant is a corporation the names and addresses of its principal officers;
d.
If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same;
e.
A description of the alarm system proposed to be installed, including the manufacturer's name and model number, if any;
f.
For residential properties: the names, addresses and telephone numbers of two (2) or more persons who will be available to secure the premises during any hour of the day or night; For commercial properties: the names, addresses, and telephone numbers of three (3) or more persons who will be available to secure the premises during any hour of the day or night;
g.
Classification of the alarm site as being equipped or non-equipped for duress alarm. Any such additional information that the City may deem necessary in order to fully and properly administer this chapter.
(2)
Whenever any change occurs relating to the information required by this section, the applicant or permittee shall give written notice thereof to the third-party alarm administrator within ten days after such change.
(3)
An alarm system permit may be denied if the application is not in the proper form, does not contain all information, or fees required by this chapter are not paid.
(4)
To the extent allowed by law and in the interest of public safety, all information contained in and gathered through the alarm permit applications, records relating to alarm dispatch requests, and applications for appeal shall be exempt and confidential information held in confidence by all employees or representatives of the City, County and by any third-party administrator or employees of a third-party administrator with access to such information.
(e)
Term; nontransferable.
(1)
Alarm System Permits are issued for a period of one (1) year and will expire 365 days after the date of issuance or renewal, unless otherwise suspended or revoked at an earlier time. Upon expiration of an alarm system permit, a renewal permit must be obtained in the manner specified by the City before an alarm system may continue in use.
(2)
Alarm permits may not be transferred to another person or alarm site. Permits are valid only for the permittee and address listed on the permit.
(3)
An alarm user shall inform the third-party alarm administrator of any change that alters any information listed on the permit application within ten working days.
(4)
It is the responsibility of the alarm user to submit a renewal application prior to the permit expiration date. Failure to renew shall be classified as use of a non-permitted alarm system and citations and penalties shall be assessed without waiver.
(5)
Within six (6) months of the effective date of this ordinance any person who has a pre-existing alarm system which was not installed under a permit may obtain an installation permit without a penalty.
(f)
Issuance. An alarm permit shall be mailed to the alarm user by the third-party administrator at the address of the alarm user stated on the application within ten days after receipt of the completed application by the third-party administrator. An alarm permit shall be denied if:
(1)
The requested information is not supplied on the application.
(2)
Material information on the application is incorrect.
(3)
Any person or entity listed on the application as responsible for the installation, maintenance and/or monitoring of the alarm system does not possess any required occupational or regulatory license to conduct such activities unless the person or entity is the alarm user.
(4)
All false alarm dispatch charges for excessive false alarms owed by the alarm user have not been paid.
(5)
The alarm user had an alarm permit for the alarm site suspended or revoked and the violation causing the suspension or revocation has not been corrected.
(g)
Installation requirements; duty of owners; duties of alarm companies.
(1)
Prior to the activation or substantial modification or use of an alarm system, as defined in 93.03(a), the owner, manager, or lessee of the premises shall furnish to the third- party alarm administrator on a form provided by the third-party alarm administrator manually or electronically which includes information deemed necessary to provide adequate response to the alarm.
(2)
Owners, managers or lessees of existing alarm systems as defined in Sec. 93.03(a) shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirements.
(3)
Owners, manager or lessees, or agents of any alarm system shall respond to the alarm location, when requested, in order to reset or deactivate the alarm system within a reasonable time of notification. Failure to provide such access shall result in a false alarm assessment as provided in Sec. 93.03(h).
(4)
A contractor as defined in Section 553.793, Florida Statutes, or an alarm system monitoring company that installs a monitored alarm system shall provide written notice, on paper or electronically, to an owner, lessee, or occupant, or an authorized representative thereof, before activating or reactivating an alarm system, that the City requires the registration of the alarm system.
(5)
An alarm system monitoring company that activates an alarm system installed by an owner, lessee, or occupant, or authorized representative thereof, shall provide verbal notice to the owner, lessee, or occupant, or authorized representative thereof, before activating or reactivating an alarm system, that the City requires the registration of the alarm system.
(6)
Prior to the activation or use of any type of general alarm device the owner, manager or lessee of the premises shall furnish to the third-party alarm administrator, information regarding the full names, addresses and telephone numbers of at least three (3) persons for commercial properties and two (2) persons for residential properties who can be reached at all times and who are authorized and have the capability to enter the premises and deactivate the alarm device. Owners, managers or lessees of the premises with alarm devices already installed shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirement. It shall be the responsibility of the owner, manager or lessee of the premises to provide an updated list annually to the third-party alarm administrator. Failure to do so may result in a false alarm assessment subject to the sanctions of Sec. 93.03(h).
(7)
All burglar alarm systems having an audible or visual signal at the premises shall be equipped so as to automatically shut off the audible or visual signal after fifteen (15) minutes, except those systems required by law to have a longer operating period, in which case said system shall be equipped so as to automatically shut off the audible or visual signal at the conclusion of the longer required operating time.
(8)
All alarm systems shall be properly maintained. System malfunction due to faulty maintenance shall not be grounds for an excused false alarm assessment.
(9)
All alarm systems shall obtain all necessary permits and inspections for the installation of the system.
(10)
All alarm businesses that sell, lease, install, operate, monitor or have the responsibility for alarm systems, shall maintain the appropriate license as required under Chapter 489, Florida Statutes, and shall register annually with the City. A fine of $500.00 shall be assessed to any alarm monitoring company who fails to register. Each registration shall be valid for twelve (12) months. The alarm monitoring company shall provide the following information:
a.
Name, street address and telephone number. Monitoring companies shall maintain, for a period of at least one year, records relating to alarm notification and shall provide such records to the third-party alarm administrator upon request, or a fine of $125.00 shall be assessed.
b.
The names, street addresses, and telephone numbers of all contracted alarm operators within the territorial jurisdiction of the City.
c.
The procedure used to verify the legitimacy of an alarm prior to notification of City law enforcement.
d.
The name, street address, and telephone number of the alarm company.
(11)
An alarm company performing monitoring services shall:
a.
Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum, that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in the case of a panic or robbery-in-progress alarm, or in cases where a crime-in-progress has been verified by video and/or audible means.
b.
Provide alarm user registration number, when available, to the communications center to facilitate dispatch and/or cancellation.
c.
Communicate any available information about the location of the alarms to the communications center.
d.
Communicate a cancellation to the communications center as soon as possible following a determination that a response is unnecessary.
(h)
Response to alarms; determination of validity.
(1)
Whenever an alarm is activated in the City, thereby requiring an emergency response to the location by law enforcement and/or the Fire District, and the management of the alarm site does not respond, a police officer or firefighter on the scene of the activated alarm system shall visually inspect the area protected by the system and shall exercise reasonable judgment to determine whether the emergency response was in fact required as indicated by the alarm system or whether in some way the alarm system malfunctioned and thereby activated a false alarm.
(2)
If a police officer or firefighter at the scene of the activated alarm system determines the alarm to be false, said officer or firefighter shall make a report of the false alarm, a notification of which shall be mailed or delivered by the third- party alarm administrator to the alarm user and/or record title owner at the address on file with law enforcement, advising the alarm user and record title owner of the false alarm.
(3)
Law Enforcement shall have the right to inspect any alarm system on the premises to which a response has been made and they may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this chapter.
(4)
All false alarm dispatch charges collected as the result of such enforcement shall only be used to offset the costs incurred in responding to false alarms and administration of the alarm systems ordinance.
(i)
Classifying alarms; fees charged.
(1)
For each response by any emergency unit of the Fire District or any law enforcement agency to an alarm the responding agency will file a report, classifying the alarm as one of the following:
a.
False alarm, system with no test notification or system malfunction.
b.
False alarms, no system test, no owner response.
c.
Valid alarm for cause designated.
(2)
There shall be a fine charged for false alarms according to the following schedule during a rolling twelve month period:
Alarm Within 12 Months Fire/Rescue Law Enforcement First $0.00 $0.00 Second $200.00 $100.00 Third $300.00 $200.00 Fourth $500.00 $400.00 Fifth & Subsequent $500.00 $500.00 (3)
Alarm Companies shall not activate the alarm system prior to the registration. If a false alarm occurs prior to the registration of the alarm permit, the alarm monitoring company will be charged a fine of $250.00. If the alarm system is self-monitored the alarm user will be charged a fine of $50.00, which may be waived if the alarm permit is registered within thirty (30) days.
(4)
In addition, any person operating a non-permitted Alarm System will be subject to an additional fine of $50.00. This fee may be waived if the permit is registered in fifteen (15) days.
(j)
Disbursement of service charges. Service charges will be disbursed to the accounts of each responding law enforcement agency and/or the general fund of the county Fire District or in a manner as agreed to by all affected agencies. Pursuant to F.S. Section 30.51, all service fees and charges assessed for services of the Sheriff shall be remitted to the City.
(k)
Appeals.
(1)
Appeals process. An alarm user may appeal assessment of the fine(s) to the City's designated Alarm Administrator by filing a written request for review setting forth the reasons for the appeal within fourteen (14) calendar days of the date of the notice of the assessed fine(s). The failure to file a request for an appeal within this time period shall constitute a waiver of the right to contest the assessment of the fine(s). The City's Special Magistrate shall serve as the Hearing Officer for all appeal hearings under this section pursuant to Chapter 37 of the Port St. Lucie, Florida Code of Ordinances. The filing of a request for an appeal shall stay the assessment of the fine(s) until the Special Magistrate renders a final decision. Upon receipt of a timely written request for an appeal, a hearing will be scheduled before the Special Magistrate. Notice of the hearing will be sent to the alarm user after receipt of the request for appeal. The Special Magistrate shall conduct a hearing and consider the evidence presented pursuant to Chapter 162, Florida Statutes. At the conclusion of the hearing, the Special Magistrate shall issue findings of fact, based upon the evidence presented, and conclusions of law, and shall issue a written order. The Special Magistrate's decision is subject to review in the circuit court by proceedings in the nature of certiorari.
(Ord. 88-12, passed 2-29-88; Ord. No. 00-34, § 1, 4-24-00; Ord. No. 00-75, § 1, passed 8-28-00; Ord. No. 16-71, § 1, 9-26-16)