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Crystal River City Zoning Code

CHAPTER 13

POLICE DEPARTMENT

ARTICLE II. - ALARM SYSTEMS[2]


Footnotes:
--- (2) ---

Editor's note— Ord. No. 87-0-15, § 1, adopted July 28, 1987, amended the Code by adding §§ 13-4 and 13-5, which provisions have been included herein by the editor as Art. II.


Sec. 13-1. - Composition.

The police department shall consist of a chief of police and such subordinate police officers as may from time to time be determined by the council.

(Code 1964, § 19-1)

Sec. 13-2. - Chief of police.

The chief of police shall have the following powers and duties:

(1)

He shall have the authority and responsibility to supervise and control the operations of the police department, subject to the approval of the city manager.

(2)

He shall attend all meetings of the council.

(3)

He shall be responsible to the city manager and make such reports as the city manager may require.

(Code 1964, § 19-2)

Sec. 13-3. - Appointment of additional police officers in emergencies.

When, in the opinion of the mayor or city manager a state of emergency shall exist within the city, the mayor may appoint special members of the police department to serve as long as he deems such state of emergency to exist.

(Code 1964, § 19-3)

Sec. 13-4. - Automatic dialing telephonic alarm systems.

(a)

Intent. For the better protection of life and property, in the interest of public safety and for the more efficient and effective allocation of fire and police department personnel, the following rules are adopted.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

(1)

Automatic dialing telephonic alarm system: Any alarm system which is activated by a signal or message transmitted by microwave, a telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit, telephone line or other mode of transmittal as an alarm signal designed to activate a signal.

(2)

Burglar/robbery alarm: An alarm system designed to be used for the detection of any unauthorized entry into a building, structure or facility or for reporting a robbery in progress.

(3)

Emergency service department: Fire and/or police departments.

(4)

Fire/smoke alarm: An alarm system designed to detect the presence of a fire or smoke.

(5)

Occupant: Any person having a possessory interest in any property and in actual possession of such property.

(6)

Fee: The assessment of a monetary charge payable to the City of Crystal River, authorized pursuant to this article, to defray the expenses of responding to a false alarm or alarm malfunction.

(c)

Certain telephone alarm systems prohibited. It shall be unlawful for any person to install, operate or maintain within the city a telephone alarm system using a recorded announcement which, when activated, causes a telephone connection to be made automatically with the Citrus County 911 line or any emergency telephone line installed in the police department or fire control center of the city or any other telephone line maintained by the city.

(d)

Penalty. The penalty for violation of the provisions of this article shall be one hundred dollars ($100.00) per occurrence.

(Ord. No. 87-0-15, § 1, 7-28-87; Ord. No. 97-0-17, § 1, 9-8-97)

Sec. 13-5. - Burglary/robbery alarm systems.

(a)

Intent. This section is adopted for the better protection of life and property in the interest of public safety and for the more efficient and effective allocation of police department personnel.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

(1)

Alarm signal shall mean any sound, signal, message or other indication which is audible, visible or otherwise perceptible and which is emitted, caused or activated by an alarm system.

(2)

Alarm system shall mean any mechanical, electrical or radio-controlled device and its transmission system which is designed to be used for the detection of any unauthorized entry into a building, structure or facility, or for indicating the commission of an unlawful act within a building, structure or facility, which emits a sound or transmits a signal or message when activated, which sound, signal or message is audible, visible, or otherwise perceptible outside of the protected building, structure or facility. Excluded is an audible alarm affixed to a motor vehicle.

(3)

Burglary/robbery alarm shall mean an alarm system designed to be used for the detection of any unauthorized entry into a building, structure or facility or for reporting a robbery in progress.

(4)

Emergency contact telephone numbers shall mean telephone numbers for emergency notifications of the owner/occupant, or agent of same, twenty-four (24) hours daily which are registered with the police department and/or exhibited on the front door (main entrance) of the building housing the alarm system.

(5)

False alarm shall mean the activation of any alarm signal by an alarm system which is responded to by police department personnel 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 clearly indicates a criminal act was the sole reason for the activation of the alarm. Examples include, but are not limited to: freshly broken windows, doors, or locks; obvious indications of forced, illegal entry; missing property, etc. Alarm systems which activate from simple shaking of doors or rattling of windows are not properly installed and maintained and are deemed to be emitting false alarms. Alarm systems which are activated due to power outages or interruptions are deemed to be emitting false alarms. Should an alarm company notify responding units to cancel the call of an alarm prior to the arrival of the first responding unit, that alarm will be deemed to be one-half of a false alarm for purposes of this section. An alarm is not considered a false burglary/robbery alarm if the alarm is activated due to malicious causes beyond the control of the owner.

(6)

Local audible alarm shall mean an alarm system located on the premises or property protected and which is not intended to transmit signals, except audible, and not transmitted over microwave or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm system.

(7)

Nuisance alarm shall mean any alarm which malfunctions or activates due to personnel or other error, and causes a false alarm response by fire and/or police personnel more than three (3) times in any calendar year.

(8)

Occupant/owner shall mean any person having a possessory interest in any property and in actual possession of such property. This includes the person or persons who lease, operate, occupy or manage the property or premises.

(9)

Telephonic alarm system shall mean any alarm system which is activated by a signal or message transmitted by microwave, telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm signal.

(10)

Fee means the assessment of a monetary charge payable to the city, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction.

(c)

Registering, posting emergency telephone numbers. All commercial enterprises with installed alarm systems shall register emergency telephone numbers with the police department and/or exhibit them conspicuously on the front door (main entrance) of the structure. The fine for violation of the provisions of this portion of the section shall be twenty-five dollars ($25.00).

(d)

Local audible alarms. No person shall install or maintain an audible alarm system which does not discontinue emitting the audible sound within fifteen (15) minutes after activation. The fine for violation of the provisions of this portion of the section shall be one hundred dollars ($100.00).

(e)

Response of owner to alarms. Once the owner or person responsible for responding to the alarm is notified of the activation of the alarm, they shall respond to the alarm location within a reasonable time, not to exceed one (1) hour of the notification. Failure to respond once notified and arrive within a reasonable time, not to exceed one (1) hour of the notification shall be deemed to be a violation of this portion of the section and shall result in a fine of twenty-five dollars ($25.00).

(f)

False alarms, nuisance alarms. Responsibility for responding to false alarms under this article shall be borne by the person or persons occupying and controlling the premises.

(1)

After the third malfunction in a year, an alarm system may be designated as a "nuisance alarm." The police chief or his designee shall contact the owner to gain his/her compliance in preventing further false alarms. If the owner should refuse to, or neglects to correct the problem, a fine of one hundred dollars ($100.00) will be imposed for such refusal or neglect. Compliance will occur in not less than fifteen (15) days. The owner of the system thereof shall file with the city proof of repair in a written form acceptable as proof to the city.

(2)

The testing of any alarm system by technicians or installer shall not result in a false alarm assessment as set out in subsection (1), provided appropriate notice is given to the department of the city that is to either receive or respond to the alarm. Upon completion of the testing, the department that is to either receive or respond to the alarm shall be notified that the testing has been concluded and that the alarm system is operating. Should notice not be given and the alarm is activated causing a response, the incident will be deemed to be a false alarm.

(3)

The chief of police or his designee shall document and keep a record of all nuisance alarms and/or documentation on the owner/occupant failing to have a representative arrive at the premises within a reasonable time, not to exceed one (1) hour of notification.

(g)

Billing, collection or response fees. Upon verification that a violation of this section has occurred, the occupant/owner shall be issued a city ordinance citation.

(h)

Appeals. Any appeal or challenge to the assessment of any fine in this section shall be made in accordance with the rules set forth by the Florida Rules of Civil Procedure to the county court and shall be made within thirty (30) days of the citation's issuance. Failure to pay the fine within thirty (30) days will result with the city filing the citation with Citrus County Court, at which time a notice to appear will be issued or proceedings may be brought before the city's code enforcement board.

(i)

Unlawful activation of alarm system. It shall be unlawful for any person to activate any alarm system without being aware of any attempted crime, crime in progress or any other emergency reasonably requiring the services or assistance of the police department. The fine for violation of the provisions of this portion of the section shall be one hundred dollars ($100.00).

(Ord. No. 87-0-15, § 1, 7-28-87; Ord. No. 97-0-17, § 2, 9-8-97; Ord. No. 01-0-04, § 1, 2-26-2001)

Sec. 13-6. - Fire alarm systems.

(a)

Intent. This section is adopted for the better protection of life and property in the interest of public safety and for the more efficient and effective allocation of fire and police department personnel.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

(1)

Alarm signal shall mean any sound, signal, message or other indication which is audible, visible or otherwise perceptible and which is emitted, caused or activated by an alarm system.

(2)

Alarm system shall mean any mechanical, electrical or radio-controlled device and its transmission system which is designed to be activated because of any smoke, heat or fire.

(3)

Fire alarm shall mean an alarm system designed to be used for the detection of any smoke, heat or fire which results in the response of the fire and police departments.

(4)

Emergency contact telephone numbers shall mean telephone numbers for emergency notifications of the owner/occupant, or agent of same, twenty-four (24) hours daily which are registered with the police department and/or exhibited on the front door (main entrance) of the building housing the alarm system.

(5)

False alarm shall mean the activation of any alarm signal by an alarm system which is responded to by fire and police department personnel and which is not caused or precipitated by smoke, heat or an actual fire reasonably requiring the services of fire and police personnel. An alarm will be deemed to be valid only when substantial physical evidence exists which clearly indicates that there was the presence of smoke, heat or fire was the sole reason for the activation of the alarm. Alarm systems which are activated due to power outages or interruptions are deemed to be emitting false alarms. Should an alarm company notify responding units to call off an alarm prior to the arrival of the first responding unit, that alarm will be deemed to be one-half of a false alarm for purposes of this section. An alarm is not considered to be a false fire alarm if the alarm is activated due to malicious causes beyond the control of the owner.

(6)

Local audible alarm shall mean an alarm system located on the premises or property protected and which is not intended to transmit signals, except audible, and not transmitted over microwave or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm.

(7)

Nuisance alarm shall mean any alarm which malfunctions or activates, due to personnel or other error, and causes a false alarm response by fire and police personnel more than three (3) times in any calendar year.

(8)

Occupant/owner shall mean any person having a possessory interest in any property and in actual possession of such property. This includes the person or persons who lease, operate, occupy or manage the property or premises.

(9)

Telephonic alarm system shall mean any alarm system which is activated by a signal or message transmitted by microwave, telephone line or other mode of transmittal which uses a signal or message transmitted by microwave circuit or telephone lines as an alarm signal or to activate an alarm signal.

(10)

Fee means the assessment of a monetary charge payable to the city, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction.

(c)

Registering, posting emergency telephone numbers. All commercial enterprises with installed fire alarm systems shall register emergency telephone numbers with the police department and/or exhibit them conspicuously on the front door (main entrance) of the structure. The fine for violation of the provisions of this portion of the section shall be twenty-five dollars ($25.00).

(d)

Local audible alarms. No person shall install or maintain an audible fire alarm system which does not discontinue emitting the audible sound fifteen (15) minutes after activation. The fine for violation of the provisions of this portion of the section shall be one hundred dollars ($100.00).

(e)

Response of owner to alarms. Once the owner or person responsible for responding to the alarm is notified of the activation of the alarm, they shall respond to the alarm location within a reasonable time, not to exceed one (1) hour of the notification. Failure to respond once notified and arrive within a reasonable time, not to exceed one (1) hour shall be deemed to be a violation of this portion of the section and shall result in a fine of twenty-five dollars ($25.00).

(f)

False alarms, nuisance alarms. Responsibility for responding to false alarms under this article shall be borne by the person or persons occupying and controlling the premises.

(1)

After the third malfunction in a year, an alarm system may be designated as a "nuisance alarm." The police chief or his designee shall contact the owner to gain his/her compliance in preventing further false alarms. If the owner should refuse to, or neglects to correct the problem, a fine of one hundred dollars ($100.00) will be imposed for such refusal or neglect. Compliance will occur in not less than fifteen (15) days. The owner of the system thereof shall file with the city proof of repair in a written form acceptable as proof to the city.

(2)

The testing of any fire alarm system by technicians or installers shall not result in a false alarm assessment as set out in subsection (1), provided appropriate notice is given to the department of the city that is to either receive or respond to the alarm. Upon completion of the testing, the department that is to either receive or respond to the alarm shall be notified that the testing has been concluded and that the alarm system is operating. Should notice not be given and the fire alarm is activated causing a response, the incident will be deemed to be a false alarm.

(3)

The chief of police or his designee shall document and keep a record of all nuisance fire alarms and/or documentation on the owner/occupant failing to have a representative arrive at the premises within a reasonable time, not to exceed one (1) hour of notification, causing excessive use of fire and police resources.

(g)

Billing, collection or response fees. Upon verification that a violation of this section has occurred, the occupant/owner shall be issued a city ordinance citation.

(h)

Appeals. Any appeal or challenge to the assessment of any fine in this section shall be made in accordance with the rules set forth by the Florida Rules of Civil Procedure to the county court and shall be made within thirty (30) days of the citation's issuance. Failure to pay the fine within thirty (30) days will result with the city filing the citation with Citrus County Court, at which time a notice to appear will be issued or proceedings may be brought before the city's code enforcement board.

(i)

Unlawful activation of alarm systems. It shall be unlawful for any person to activate any fire alarm system without being aware of any smoke, heat or fire reasonably requiring the services or assistance of the fire and police departments. The fine for violation of the provisions of this portion of the section shall be one hundred dollars ($100.00).

(Ord. No. 97-0-17, § 3, 9-8-97; Ord. No. 01-0-04, § 2, 2-26-2001)