The Mayor shall be the designated City official authorized to exercise the powers provided for in F.S. §§ 870.01—870.047.

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:

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 of the commission of an unlawful action within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when activated. The term "alarm system" includes, but is not limited to, direct dial telephone devices, audible alarms and proprietor alarms. The term "alarm system" does not include devices which are designed or used to register alarms that are audible, visible or perceptible in or from any motor vehicle or auxiliary device installed by telephone companies to protect telephone systems from damage or disruption of service.

Automatic dialing device means 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 designed to detect, but shall not include such telephone lines exclusively dedicated to an alarm system which are permanently active and terminate within the communication center of the Police Department.

Commercial premises means any structure or area which is not defined herein as residential premises.

False alarm means the activation of any alarm signal by an alarm system which is responded to by the Police Department, and which is not caused or precipitated by an actual or attempted burglary or other attempted unlawful act or activity, or other emergency reasonably requiring the services of police personnel. An alarm will be deemed to be valid only when substantial physical evidence exists which would clearly indicate a criminal act was the sole reason for activation of the alarm. Examples include, but are not limited to:

(1)

Freshly broken windows, doors, or locks;

(2)

Obvious indications of forced illegal entry;

(3)

Missing property, etc.

Alarm systems which activate from simply shaking of doors or rattling of windows are not properly installed or maintained and are deemed to be emitting a false alarm.

Fee means an assessment of costs imposed pursuant to this article to defray the expense of responding to a false alarm.

Police means any certified police officer of the City.

Residential premises means any structure or combination of structures which serve as dwelling units, including single-family as well as multifamily units.

(Ord. No. O-86-10, § 1, 1-20-1986)

Every person who shall own, operate, or lease any alarm system as defined herein within the incorporated area of the City, whether existing or to be installed in the future, shall, within 30 days of the effective date of the ordinance from which this article is derived for existing alarm systems or prior to installation of alarm systems installed after the effective date of the ordinance from which this article is derived, notify the Police Chief, on forms to be provided by the Police Department of the following information:

(1)

The type, make, model of the alarm system.

(2)

Whether installed in a residential or commercial premises, and the location of the alarm system, including the street address or specific directions to where the alarm system is located.

(3)

The name, address, business and/or home telephone number of the owner or lessee of the alarm system. In the event that the owner or lessee of the alarm system is a business entity, partnership, or corporation, the business shall indicate the name, street address, and telephone number of the agent designated by the business to be responsible for contacting.

(4)

The names, addresses and telephone numbers of not less than two persons to be notified to respond in the event of an alarm activation. The responder persons so listed must be available at all times and be authorized to enter the premises and deactivate the alarm system. It shall be the responsibility of the owner, operator, or lessee of the alarm system to keep the listing current.

(5)

Such other information as the Chief of Police shall deem necessary or appropriate.

(Ord. No. O-86-10, § 2, 1-20-1986)

(a)

For the purpose of this article, responsibility for a false alarm shall be borne by the owner, operator, or lessee of the alarm system.

(b)

A response to a false alarm shall result when any Police Officer is dispatched to or responds to the activation of any alarm system.

(c)

The following shall be required by each person who owns, operates or controls any premises, commercial or residential, for each incident of a response to a false alarm by the Police Department:

(1)

For a response to a premises at which no other false alarm has occurred from the effective date of the ordinance from which this article is derived or within the preceding four-month period, whichever shall be less, a written report on forms prescribed by the Chief of Police shall be filed with the Police Department within ten days after notice to do so, setting forth the cause of such false alarm, the corrective action taken, whether the alarm has been inspected by an authorized serviceman, and such other information as the Chief of Police may reasonably require to determine the cause of such false alarm and corrective action necessary. No fee shall be charged for the first response.

(2)

For a second or third response to false alarms to any premises, commercial or residential, within four months after the first response, no fee shall be assessed, but a written report shall be required as for a first response.

(3)

For a fourth false alarm response to any premises, commercial or residential, within four months after such third response of a false alarm and for each succeeding response within four months of the preceding response, a fee of $35.00 shall be charged; a written report and inspection shall be required; and if such fourth false alarm or any such succeeding false alarm is a result of failure to take necessary corrective action, the Chief of Police may order the disconnection of such alarm system. For failure to pay the required fee, the Chief of Police may order the disconnection of any alarm system. It shall be a violation of this article not to disconnect, or to reconnect such alarm system until such corrective action is taken and the fee is paid, provided that no disconnection shall be ordered on any premises required by law to have an alarm system in operation. Any order for disconnection shall be rescinded by the Chief of Police upon presentation of demonstrative evidence of corrective action and inspection as may be required by the Chief of Police, and a finding that adequate corrective action has been taken and the required fee has been paid.

(Ord. No. O-86-10, § 3, 1-20-1986)

The owner, operator, or lessee or a listed responder of an alarm system is required to respond by reporting to this premises or facility within 30 minutes from the time of the notification by the Police Department of the activation of any alarm system, whether false or not, failure to respond shall be deemed a violation of this article by the owner, operator or lessee of the alarm system.

(Ord. No. O-86-10, § 4, 1-20-1986)

It shall be a violation of this article to maintain an alarm system or audible alarm which does not deactivate within 15 minutes of its activation.

(Ord. No. O-86-10, § 5, 1-20-1986)

It shall be a violation of this article for any person to install, maintain, own, possess or operate any automatic dialing device alarm system regulated or programmed to make connection with any telephone number installed in the Police Department, except to such telephone number which may be determined and designated by the Chief of Police.

(Ord. No. O-86-10, § 6, 1-20-1986)

Upon written request of the person assessed a fee or ordered to disconnect an alarm, a hearing may be held before the City Manager or his designee to review such assessment or disconnect order. Such request must be made within 15 days after the date of the notice of assessment or disconnect order. At the hearing, such evidence as is deemed necessary may be presented.

(Ord. No. O-86-10, § 7, 1-20-1986)

Anyone convicted of a violation of or failure to comply with any of the provisions of this chapter shall be subject to punishment as provided by law.

(Ord. No. O-86-10, § 8, 1-20-1986)