BEFORE THE BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
ORDINANCE NO. SEC 79.151________
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, ESTABLISHING THE MARTIN COUNTY FALSE ALARM REDUCTION ORDINANCE; PROVIDING FOR SHORT TITLE AND DEFINITIONS; PROVIDING FOR ALARM PERMIT AND FEE; PROVIDING FOR FALSE ALARM PENALTIES, REVOCATION AND REINSTATEMENT OF ALARM PERMIT; PROVIDING FOR APPEALS OF FINES AND REVOCATIONS; PROVIDING FOR RESPONSE TO ALARM, AND DEACTIVATION OF AUDIBLE ALARMS; PROVIDING FOR ALARM MONITORING COMPANIES; REQUIRING ALARM VERIFICATION CALLS; PROVIDING FOR ALARM SYSTEM CONTRACTORS; PROHIBITING AUTOMATIC DIALING DEVICES; PROVIDING FOR MODIFICATION OF EXISTING ALARM SYSTEMS; PROVIDING FOR AUXILIARY POWER SUPPLY; PROVIDING FOR NO PUBLIC DUTY; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR DISPOSITION OF FEES AND FINES; PROVIDING FOR REPORTING; PROVIDING FOR ANNUAL AUDIT; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE AND CODIFICATION.
WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and
WHEREAS, the Martin County Board of County Commissioners recognizes that false alarms cause a misuse of the resources of the Martin County Sheriff’s Office by causing the dispatch of units to the scene of false alarms that renders these units unavailable to respond to legitimate emergency situations; and
WHEREAS, the Board finds that the continued high incidence of false alarms is a threat to the health, safety and welfare of the citizens of Martin County;
NOW THEREFORE, IT BE ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:
SECTION 1: SHORT TITLE
This Ordinance will be known and cited as the Martin County False Alarm Reduction Ordinance.
SECTION 2: DEFINITIONS
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section.
A. Alarm Administrator shall mean the Sheriff of Martin County or his designee.
B. Alarm Monitoring Company (monitoring company) means a person or entity performing the service of monitoring as defined in §489.505, Florida Statutes, as may be amended from time to time, and having customers within the territorial jurisdiction of this Ordinance.
C. Alarm Operator means any owner, tenant or other person or entity that uses or is in control of an alarm system.
D. Alarm Site means the individual location of each alarm system.
E. Alarm System means any device that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, law enforcement services to the site of the alarm system. Alarm system does not include:
1. A device installed on a vehicle, unless the vehicle is permanently located at a site.
2. A device designed to alert only the inhabitants of the device site, and that is not audible or visible from the exterior of the structure.
3. A device designed for a purpose other than to alert for intrusion, burglary, or robbery, panic, or personal assistance.
F. Alarm System Contractor means a person licensed under Chapter 489, Florida Statutes, as an electrical or alarm system contractor.
G. Automated Dialing Device means an alarm system which automatically sends, via telephone, radio signal, or internet, a prerecorded voice message or coded signal indicating the existence of an emergency situation.
H. Commercial Premises means any structure or area which is not defined in this section as governmental or residential premises, including, but not limited to, religious and not-for-profit organizations, hotels, motels, and educational institutions.
I. Deactivated Alarm means an alarm system that has the primary and secondary power and the telephone line or other communication source disconnected at the alarm control panel.
J. False Alarm means the activation of an alarm system for any reason other than a bonafide incident, such as a burglary or unauthorized entry, and a subsequent response by the Sheriff to that alarm site. A false alarm does not include:
1. An alarm caused by physical damage to the alarm system, or any part of the structure which has a direct relationship to the alarm system, as a result of lightning, wind, or other meteorological event, where there is clear evidence of physical damage to the alarm system or the structure.
2. An alarm caused by disconnection of a telephone circuit beyond the control of the alarm operator or his agents.
3. An alarm caused by continuous electrical power disruption in excess of four (4) hours.
K. Governmental Premises means a structure or area owned and operated by a government entity.
L. Permit Holder means the person to whom the alarm permit is issued.
M. Permit Year means the period starting from the date of issuance of a permit and ending twelve (12) months from the date of issuance.
N. Residential Premises means any structure serving as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
O. Sheriff means the Martin County Sheriff or his designee(s).
P. Sheriff’s Office means the designated authority charged with administration and enforcement of the Martin County False Alarm Ordinance.
Q. Verification means an attempt by the monitoring company or its representative to contact the alarm site and/or alarm user by telephone and/or other means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this Ordinance, 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 determine whether an alarm signal is valid before requesting law enforcement dispatch.
SECTION 3: ALARM PERMIT AND FEE
A. Every existing alarm operator will be required to obtain an alarm permit within 120 days of the adoption of this ordinance. New alarm operators are required to obtain an alarm permit before activation of an alarm system. All alarm operators will annually apply to the Sheriff for a nontransferable alarm permit. The permit shall be valid for one Permit Year and then expire.
B. A fee of $ 20.00, which may be revised by resolution adopted by the Board of County Commissioners, shall accompany each application or renewal for alarms on residential, commercial, or governmental premises. Alarm operators who experience no false alarms during a permit year will have their alarm permit renewal fee reduced to $ 10.00 for the following year provided that the permit is renewed prior to the expiration of the current permit. All fees will be paid to the Martin County Sheriff’s Office False Alarm Reduction Unit.
C. The owner or manager of any residential or commercial premises that are rented to others and which have alarm systems provided by the owner or manager shall:
1. Explain the operation of the alarm system to the alarm operator.
2. Explain the alarm operator’s financial responsibilities for false alarms.
3. Obtain the alarm operator’s signature on a form in which the alarm operator acknowledges having received and understood the information provided in (1) and (2) above.
4. Furnish a blank alarm permit application to the tenant. The sheriff shall provide the owner or manager with forms upon request.
D. No permit shall be required for a Deactivated Alarm System.
E. The alarm operator shall provide such information as required by the Sheriff, on a form approved and provided by the Sheriff.
F. No permit will be issued when a fine is outstanding, when a reason for a previous revocation has not been corrected, or if the applicant provides false information.
G. The alarm operator shall submit interim updated application information within fifteen (15) days when the on-file information has changed. A permit may be revoked if it is found to contain inaccuracies.
SECTION 4: FALSE ALARM PENALTIES
A. Responsibility for false alarms shall be borne by the permit holder.
B. The following fines shall be required for each false alarm per alarm system within one permit year:
1. First and second false alarm $25.00 each; however, if the alarm operator has a valid alarm permit, then there is no fine for the first alarm.
2. Third and fourth false alarms $50.00 each.
3. Fifth and sixth false alarms $ 75.00 each.
4. Seventh and eighth false alarms $ 100.00 each.
5. Ninth and above false alarms $ 150.00 each.
6. The additional fine for false alarms from a non-permitted alarm system or from an alarm system with a revoked permit is $200.00. The Sheriff may reduce this amount to $50.00 if the alarm system is permitted within ten (10) days of false alarm.
SECTION 5: REVOCATION AND REINSTATEMENT OF ALARM PERMIT
A. The Sheriff may revoke an alarm permit if it is determined that:
1. There is a false statement of a material matter in the permit application.
2. Ten or more false alarms have been received by the Sheriff from the alarm site within a permit year.
B. An alarm operator whose alarm permit has been revoked may be issued a new permit if that alarm operator:
1. Submits an updated application and pays a $50.00 reinstatement fee.
2. Pays all fines issued to the alarm operator under this Ordinance.
C. The Sheriff shall notify the alarm monitoring company and the alarm permit holder in writing of a revocation or reinstatement.
D. Neither the Alarm Monitoring Company, nor the Alarm System Contractor, shall notify the Martin County Sheriff’s Office of an alarm by telephone if an alarm permit has been revoked. A $100.00 fine may be assessed against the Alarm Monitoring Company and/or the Alarm System Contractor for each violation of this section.
SECTION 6: APPEALS OF FINES AND REVOCATIONS
A. Appeals of a fine, suspension or revocation under this Article shall be to the Martin County Code Enforcement Special Magistrate by notifying the Sheriff in writing within twenty (20) days of service of the notice of fine, suspension, or revocation. Proper notification shall stay the imposition of a fine, suspension, or revocation until the decision of the Special Magistrate is issued.
B. The Sheriff shall set a hearing before the Special Magistrate and notify the Appellant in writing of such hearing with at least ten (10) days notice.
C. The Special Magistrate shall conduct a hearing and consider evidence presented by the Appellant, the Sheriff, and other interested parties before issuing a written decision. Such decision shall be reduced to writing and issued within thirty (30) days. Appeal from such decision shall be as provided by general law or court rules.
D. Faulty or overly sensitive equipment, user error, or failure to renew the alarm permit shall not be sufficient basis to grant an appeal.
SECTION 7: RESPONSE TO ALARM
The alarm operator or a responder listed on the alarm permit shall respond to the alarm site within thirty (30) minutes from the time of notification by the Sheriff of the activation of the alarm, whether false or not. The failure to respond, when directed by the Sheriff, may be deemed a violation by the alarm operator, and a $50.00 fine may be assessed by the Sheriff’s Office.
SECTION 8: DEACTIVATION OF AUDIBLE ALARMS
The alarm operator shall deactivate the alarm within fifteen (15) minutes, or adjust the alarm to automatically deactivate within fifteen (15) minutes of activation pursuant to §489.530, Florida Statues, Audible Alarms.
SECTION 9: ALARM MONITORING COMPANIES
A. The alarm monitoring companies shall register with the Sheriff within 30 days of the adoption of this ordinance. Alarm monitoring companies must thereafter register annually with the Sheriff. Failure to register annually with the Sheriff’s Office may result in a $125.00 fine and/or any other administrative action against the alarm monitoring company. Each registration shall be valid for twelve (12) months. The alarm monitoring company shall provide the following information:
1. The name, telephone number, and current mailing address of the alarm monitoring company, to include forwarding addresses necessary to receive correspondence.
2. Names, street address, and telephone numbers of all alarm operators contracted within the territorial jurisdiction of this Ordinance.
3. The procedure used to verify the legitimacy of an alarm prior to notification of the Sheriff.
4. Name, street address, and telephone number of the qualifying agent of the alarm monitoring company.
C. Monitoring companies shall maintain, for a period of at least one (1) year, records relating to alarm notification and shall provide such records to the Sheriff within three (3) business days when requested by the Sheriff’s Office. Failure to maintain such records may result in a $125.00 fine.
D. Monitoring companies shall ensure that their databases of contracted alarm operators reflect current, accurate names, street addresses, telephone numbers, and operational status. If an alarm systems contractor provides notice of disconnection to a monitoring company, the monitoring company shall modify its database within five (5) calendar days of notification. The monitoring company may be fined $125.00 if the Sheriff is notified by telephone of an alarm after a disconnection notice is received.
SECTION 10: ALARM VERIFICATION CALLS REQUIRED
All burglary or intrusion alarm systems that have central monitoring shall have central monitoring verification calls made to the alarm site prior to alarm monitoring personnel contacting a law enforcement agency for alarm dispatch in accordance with the following procedure. Failure by the alarm system contractor or alarm monitoring company to make the verification calls may result in a $125.00 fine.
The time permitted for enhanced verification of non-certificated systems may be extended beyond the time constraints imposed for certificated systems defined in UL Standard 827 as appropriate under the facts known by monitoring center personnel.
B. PROCEDURE
For alarm signals received from non-certificated commercial burglar alarm systems or any residential alarm system signal, such as a burglar, duress, or panic, the following procedures shall be followed:
1. Call 1
The monitoring facility shall attempt telephone verification to the protected premises after receipt of alarm signal.
2. Call 2
If a monitoring facility operator gets a busy signal or no answer on the first call to the protected premises, a second call or calls shall be made to an alternate phone number, such as cellular, work, or second number at the protected premises.
3. Answering Machines
If the first or second call reaches an answering machine, a message should be left clearly stating that it is the alarm company calling and leaving necessary information for the alarm user to promptly contact the monitoring facility.
4. Person on Premises Without Proper Code
If the operator reaches the protected premises on the first or second call and the person answering the phone does not have the proper pass code, then the operator shall attempt to make a three-way call with the premises person retained as a party to the call. The three-way call shall attempt to reach others on the call list to verify the authenticity of the personon the protected premises. If this process fails to resolve the issue, then the operator should proceed to notify dispatch authorities.
5. Scheduled Events
If an alarm signal is received in connection with a scheduled opening or closing event, additional numbers shall be called on the call list in order to determine whether an opening or closing error caused the alarm signal.
6. Verified False
If the alarm is verified as being false during the first, second, or succeeding call as a result of getting a valid pass code, the operator shall suspend activities relating to the specific signal being worked.
7. Notification Call
Call to law enforcement authorities, such as 911.
8. Call Lists and Priority
Following notification of law enforcement authorities, attention shall be placed on completing the entire emergency call list with priority to achieve a cancellation of the dispatch if it is verified that no emergency exists. Subsequent to dispatch of a sworn officer, the priority of notification calls to phone numbers in the customer’s database shall be first to numbers where there is a high probability of reaching an alarm user. The succeeding calls shall be made next to neighbors, then to non-premises people, such as relatives or secondary key holders.
9. Verification Phone Accessibility Guideline
Care shall be taken to verify that the emergency call list phone numbers are to phones without Call Waiting, or alternately that *70 is programmed in front of the monitoring center phone number in the electronic digital communicator. The verification phones at the monitored premises shall be accessible after normal business hours (not locked up in an office), such as in the vicinity of commonly used entrances. The verification phones shall not direct callers to voice mail so that employees and cleaning people who are working after normal business hours may hear and answer the phone.
C. ADDITIONAL METHODS
Audio verification, video verification, or cross zoning shall be permitted in place of, or in addition to, the second verification call and shall be considered in compliance with this enhanced verification standard.
SECTION 11: ALARM SYSTEM CONTRACTORS
A. All alarm system contractors shall register with the Sheriff within 30 days of the adoption of this ordinance. Alarm system contractors must thereafter register annually with the Sheriff. Failure to register annually with the Sheriff may result in a $125.00 fine and/or any other administrative action against the alarm system contractor. Each registration shall be valid for twelve (12) months. The alarm system contractors shall provide the following information:
1. The name, telephone number, and current mailing address of the alarm system contractor, to include any forwarding addresses necessary to receive correspondence.
2. Names, street addresses, and telephone numbers of all alarm operators contracted within the territorial jurisdiction of this Ordinance.
3. Name, street address, and telephone number of the qualifying agent for the alarm system contractor.
B. No person shall install, maintain, repair, alter, service, or monitor alarm systems for compensation without being a licensed alarm system contractor in accordance with F.S.S. 489. Performance of alarm work without a license may result in a fine of $125.00.
C. All alarm system contractors shall ensure that each of its agents are in compliance with §489.518, Florida Statutes.
D. Alarm system contractors shall provide initial/new installation registration information, collect fees, and forward to the Sheriff in a computerized format specified by the Sheriff.
E. Alarm system contractors shall not install new systems or equipment or use methods of installation that do not meet or exceed minimum Underwriters Laboratories or American National Standards Institute requirements for the appropriate installation and which do not use control panels tested for conformance to the Security Industry Association’s Control Panel Standard, C.P.-01 (or equivalent listing), or a fine of $125.00 may be assessed.
F. Alarm system contractors shall not cause a false alarm during the servicing, repairing, testing, or inspection of an alarm system, or a fine of $125.00 may be assessed. The alarm operator shall not be charged with such false alarms.
G. Alarm system contractors shall complete the application, collect the registration fees, and forward the application to the Sheriff’s Office, whenever installing, maintaining, repairing, altering, or servicing an alarm system, unless the alarm system contractor reasonably believes that the system is permitted. Failure of the alarm system contractor to provide the application and registration fees to the Sheriff’s Office may result in a fine of $125.00.
SECTION 12: AUTOMATIC DIALING DEVICES PROHIBITED
The alarm operator shall not operate an alarm system equipped with an automatic dialing device programmed to connect directly to the Sheriff, or a fine of $125.00 may be assessed.
SECTION 13: MODIFICATION OF EXISTING ALARM SYSTEMS
Whenever an existing alarm system is serviced, modified, or inspected, the following features shall be removed or adjusted by the alarm system contractor, or a fine of $50.00 may be assessed against the alarm system contractor:
A. Single action, non-recessed switches that activate a panic alarm.
B. Duress or Aone-plus@ programming that activates a panic alarm.
C. Swinger shutdown will be set no higher than two (2).
SECTION 14: AUXILIARY POWER SUPPLY
An alarm operator shall not operate an alarm system that does not have a minimum four (4) hour auxiliary power supply, or a fine of $125.00 may be assessed against the alarm operator.
SECTION 15: NO PUBLIC DUTY
The permitting of an alarm system is not intended to, nor will it create, a contract, duty, or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By registering the alarm system, the alarm operator acknowledges that law enforcement response may be based on factors such as availability of law enforcement units, priority calls, weather conditions, traffic conditions, emergency conditions, and staffing levels.
SECTION 16: ADMINISTRATION AND ENFORCEMENT
The Sheriff shall be responsible for the administration and enforcement of this Ordinance, including the collection of all fees and fines.
A. Payment of all fines assessed under this ordinance shall be due within 45 days of the date of violation.
B. The Sheriff may use any legal means to collect unpaid fees or fines.
SECTION 17: DISPOSITION OF FEES AND FINES
Fees and fines collected by the Sheriff pursuant to this Ordinance shall be deposited into an agency fund and be remitted to the Martin County Board of County Commissioners on a monthly basis by the Sheriff’s Civil Unit.
SECTION 18: REPORTING
The Martin County Sheriff’s Office shall provide an annual monitoring report to the Martin County Board of County Commissioners showing performance/activity for the False Alarm Ordinance. The information contained in such report may be used by the Board of County Commissioners to determine if the fines and/or registration fees should be adjusted.
SECTION 19: ANNUAL AUDIT
These monies will be audited in compliance with Florida Statutes, Chapter 219.
PART TWO. CONFLICTS PROVISIONS
Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, County Ordinances and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not effect its applicability to any other person, property or circumstances.
PART FOUR. APPLICABILITY
This ordinance shall be applicable throughout the unincorporated area of Martin County.
PART FIVE. FILING WITH THE DEPARTMENT OF STATE
The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, R.A. Gray Building, Room 101, 500 S. Bronough Street, Tallahassee, Florida, 32399-0250.
PART SIX. EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State that this ordinance has been filed in that office.
PART SEVEN. CODIFICATION
Provisions of this ordinance shall be incorporated in the Martin County Code and the word “ ordinance” may be changed to “section”. “article” or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention: provided, however, that parts two to seven shall not be codified.
DULY PASSED AND ADOPTED THIS ______ DAY OF ___________, 2005.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
_________________________ _______________________________________
MARSHA EWING, CLERK LEE WEBERMAN, CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
_____________________________________
STEPHEN FRY, COUNTY ATTORNEY