§ 8-39. Alarm/elevator systems.

(a)

Declaration of intent. The intent of this section is to encourage alarm users, alarm businesses and elevator operators to maintain operational reliability, to promote the proper use of alarm systems and to reduce or eliminate dispatch requests for false alarms and elevator rescues to enhance safety through limiting the number of high speed responses required and to increase the availability of public safety personnel to address bona fide emergencies.

This section governs systems intended to summon law enforcement or fire response, to establish response fees, to establish a system for the administration and to establish criteria for limited response to alarms. This section applies to all alarm and elevator systems incorporated into premises other than standalone smoke detectors not connected to a central alarm system.

(b)

Definitions. As used in this section, the following terms shall be defined as follows:

Alarm business shall mean any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, monitoring, servicing or responding to an alarm system, or which causes any of these activities to take place.

Alarm period shall mean the twelve-month period starting with and immediately preceding the date of a false alarm or elevator rescue. Each false alarm or elevator rescue has its own alarm period, starting with the date of that false alarm or elevator rescue and looking backwards for a twelve-month period. The function of an alarm period is to establish the number of occurrences of a false alarm or elevator rescue within that twelve-month period looking backwards from the false alarm or elevator rescue under consideration. This false alarm or elevator rescue is assigned a response fee reflecting the number of false alarms or elevator rescues having occurred in its alarm period. For example, a false alarm which is the fourth in its alarm period of the past twelve months will be assigned a response fee consistent with four false alarms in the past twelve (12) months. Police false alarms, fire false alarms and elevator rescues are separate categories which are aggregated separately in considering the number of incidences within an alarm period. For example, the first fire false alarm in a twelve-month period is treated as a first occurrence even though the property may have had multiple police false alarms within the prior twelve (12) months.

Alarm user shall mean the person(s), firm, partnership, corporation, association, organization, company or other entity that owns the premises on which the alarm system is maintained.

Elevator shall mean a hoisting and lowering mechanism, equipped with a car and platform that moves in guide rails and serves two (2) or more landings to transport materials or passengers or both.

Elevator rescue shall mean a response by the fire department with the intent to free individuals trapped within a stalled or non-functioning elevator car. Elevator rescues initiated by documented power failures, severe weather conditions or other force majeure incidents will not be included as incidents within the meaning of this section.

Elevator rescue alarm shall mean the activation of an elevator alarm system that indicates there are individuals trapped within a stalled or non-functioning elevator.

Elevator operator shall mean the person(s), firm, partnership, corporation, association, organization, company or other entity that owns the premises on which the elevator is maintained.

False alarm shall mean the activation of an alarm system for any reason other than an unauthorized entry or other crime or a fire, such as mechanical failure, malfunction, improper installation, or an action or omission of the owner or occupant of the property served by the activated alarm system. False alarms initiated by documented power failures, severe weather conditions or other force majeure incidents shall not be deemed as incidents within the meaning of this section.

Fire alarm system shall mean any mechanical or electrical device sold or installed which is designed for use for the detection of a fire emergency and which emits sound or transmits a signal or message when activated.

Intrusion/burglary alarm system shall mean any mechanical or electrical device sold or installed which is designed for use for the detection of an unauthorized entry into a building, structure, facility or enclosed area, or for alerting others of unauthorized entry, or any other crime and which emits sound or transmits a signal or message when activated.

Response fee shall mean those fees charged to the alarm user or elevator operator of a premises when the city dispatches personnel in response to a false alarm or elevator rescue signal from that premises.

Unmonitored alarm system shall mean an alarm system that emits an audio or visual alarm only and does not transmit a signal or message to an alarm business.

(c)

Response to alarm; determination of false alarm.

(1)

Whenever an alarm is activated in the city, thereby requiring a response to the location by the law enforcement department and/or the fire department, a law enforcement officer and/or fire official on the scene of the activated alarm system shall inspect the premises protected by the system and shall determine whether the City's response was due to a false alarm.

(2)

In making said determination, the investigating law enforcement officer or fire official shall presume that the alarm was a false alarm when there is no sign or physical evidence of an unauthorized entry or an attempted unauthorized entry and where there is no sign or physical evidence of a fire. For unmonitored alarm systems an alarm shall be presumed to be a false alarm only if an audio or visual alarm is activated upon arrival of the investigating law enforcement officer or fire department official.

(3)

All residential or commercial intrusion/burglary alarms that have a central monitor shall have a central monitoring verification call made to the premises generating the alarm signal, prior to alarm monitor personnel contacting the law enforcement department for alarm dispatch. This requirement excludes those alarm signals generated by silent or panic alarms.

(4)

Notwithstanding the requirements of (c) (1) and (2) within this section, any dispatch cancelled prior to the arrival of law enforcement or fire rescue personnel shall be deemed to be a false alarm subject to the provisions of this section.

(d)

Report of false alarm or elevator rescue notice. The false alarm or elevator rescue shall be documented by the law enforcement department and/or fire department.

(1)

Notice shall be provided to the alarm or elevator location address and to the property owner, if the property owner resides elsewhere from the location of the alarm or elevator, by first-class mail. This notice shall indicate the number of false alarms or elevator rescues recorded in the most recent twelve months, the sequence number and response fee due for the most recent false alarm or elevator rescue, the time and date of the response, the total amount of response fees remaining unpaid and the procedure for contesting the response fee.

(e)

False alarm and elevator rescue fees. In the event of a false alarm or elevator rescue, the alarm user or elevator operator shall be responsible to the city for response fees within a running twelve-month alarm period according to the following schedule:

(1)

False alarms. There shall be no response fee for the first and second false alarms, fifty dollars ($50.00) for the third false alarm and one hundred dollars ($100.00) for the fourth and subsequent false alarms, within a running twelve-month alarm period. In determining the sequence number within a twelve-month alarm period, fire alarms and security alarms shall be separate categories.

(2)

Elevator rescues. There shall be no response fee for the first and second elevator rescues within a building, two hundred and fifty dollars ($250.00) for the third elevator rescue within a building, and five hundred dollars ($500.00) for the fourth and subsequent elevator rescues within a building within a running twelve-month period Elevator rescue shall be a separate category and responses shall be tabulated by building regardless of the number of elevator cars operating in that building.

(3)

The false alarm or elevator rescue response fee shall be paid or an appeal requested within forty-five (45) calendar days of the incident of false alarm or elevator rescue. Failure to pay the fee or request an appeal fee within forty-five (45) calendar days of the incident of alarm shall result in prosecution of the case before a special magistrate. A penalty for failure to pay the fee or request an appeal within this period may be imposed and shall not exceed one hundred (100) percent of the unpaid response fee. A lien may be imposed on the real property where the violation exists and upon any real property owned by the violator.

(f)

Reserved.

(g)

Appeal of response fee.

(1)

An alarm user or elevator operator may appeal assessment of the response fee by filing a written request setting forth the reasons for the appeal within forty-five (45) calendar days of the false alarm or elevator rescue incident. The person submitting the appeal does not have to be present at the hearing for the appeal to be considered. The chief, Broward Sheriff's Office Oakland Park District and/or the Chief, Oakland Park Fire Rescue, or their designees, will initially consider all appeals. If circumstances warrant, the appeal will be approved and the incident will be dismissed. If the appeal remains unresolved, the appellant may submit the appeal to a special magistrate who shall conduct a hearing and consider the evidence presented. The decision of the special magistrate is final. If an alarm user or elevator operator is found in violation of City Code by the special magistrate and the response fee remains unpaid beyond the time directed for payment by the special magistrate, a penalty may be imposed not exceeding one hundred (100) percent of the unpaid fee. A lien may be imposed on the property where the violation exists and upon any real or personal property owned by the violator.

(h)

Liens. The special magistrate shall have the authority after a determination that a response fee has not been paid within the forty-five-day period or when an appeal has not been requested or after an appeal which has determined that a response fee is due to order that a lien be imposed on the real property where the violation exists and upon any real property owned by the violator and located in Broward County, Florida. The recordation of the notice of lien shall constitute a lien on the real property and shall remain in full force and effect for the amount due in principal, interest, penalties, recordation and release of lien administrative expense, plus costs of court, if any, until final payment is made. The amount due shall bear interest at the legal rate beginning from the date by which payment has been ordered due by the special magistrate. The notice of lien, as recorded in the Official Records of Broward County, shall be prima facie evidence of the debt to the City of Oakland Park and may be foreclosed as mortgages and other liens consistent with Florida law.

(Ord. No. O-2008-034, § 2, 11-5-08; Ord. No. O-2013-001, § 1, 1-16-13; Ord. No. O-2014-002, § 2, 3-19-14)