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HomeMy WebLinkAboutO-2001-020 ORDINANCE NO. 2001-020 ® AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA REPEALING THE PROVISIONS OF ARTICLE IX OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES ENTITLED "EMERGENCY ALARM SYSTEMS", IN THEIR ENTIRETY AND CREATING NEW PROVISIONS TO EFFECT A COMPREHENSIVE REVISION OF THE PROVISIONS SET FORTH IN SUCH ARTICLE IX AND CHAPTER OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the provisions of Article IX of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida entitled "Emergency Alarm Systems" are repealed in their entirety, and new provisions in Article IX of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida are created to read as follows: ARTICLE IX. Emergency Alarm Systems See. 8-125. Definitions For the purpose of this chapter, the following words and phrases shall have the meanings given to them in this chapter, unless the context clearly indicates or requires a different meaning. (a) Alarm. A communication to a public safety agency (police or fire) indicating that a crime, fire or other emergency warranting immediate action of a public safety agency has occurred or is occurring. (b) Alarm Notice. A Citation for Ordinance Violation, issued by an Enforcement Officer. (c) Alarm Site. A single premise or location served by an alarm system or systems. (d) Alarm User. The person in control of any building, structure or portion of such where an alarm system is maintained. (e) Audible Alarm. A device or system designed for the detection of unauthorized entry, the presence of smoke or fire, or medical emergency on the premises, which generates an audible sound wave when activated. 1 ORDINANCE NO. 2001-020 ® (f) Enforcement Officer. The Chief Law Enforcement Officer of the City of Dania Beach (or any person serving under the direction of the Chief Law Enforcement Officer) or the Fire Chief of the City of Dania Beach (or any person serving under the direction of the Fire Chief). (g) False Alarm. The activation of any alarm signal by an alarm system, which is responded to by the Law Enforcement Agency or the Fire Department of the City of Dania Beach, and which is not caused or precipitated by an actual or attempted burglary, unlawful break-in, or other attempted unlawful act, or other emergency (including fire or medical emergency) which reasonably requires the services of law enforcement or fire/rescue personnel. An alarm will be deemed to be valid only when an incident occurs and for which a law enforcement or fire department Incident Report is generated. Alarm systems that activate from any action or cause other than those of an actual incident are deemed to be emitting false alarms. (h) Incident. When substantial physical evidence exists which clearly indicates a criminal act was the sole reason for activation of the alarm or when evidence of a fire or medical emergency is present. (i) Person. An individual, corporation, partnership, incorporated ® association or other similar entity. See. 8-126. Presumed False Alarms There is a presumption that a false alarm is created when an alarm signal is investigated by an Enforcement Officer and there is no sign of an unauthorized attempted entry or crime in progress evident to the officer, or there is no sign of a fire emergency, or there is no sign of a medical emergency. Sec. 8-127. Fees (a) Should the Enforcement Officer, upon responding to an alarm signal, find that there was a false alarm, the Enforcement Officer shall issue an alarm notice to any responsible party on site, or if there is no one available, a copy of the citation shall be both affixed in a prominent location on the building and sent by certified mail, return receipt requested to the owner of the subject property at the address of the subject property, and to any other address of record. (b) The fee for each separate occurrence and alarm notice shall be $25.00. 2 ORDINANCE NO. 2001-020 ® (c) The fee for each separate occurrence and alarm notice shall be paid within thirty (30) days of the date of issuance of the alarm notice. Sec. 8-128. Appeals (a) Any person who has received an alarm notice may, within thirty (30) days of date of issuance of the alarm notice, request a hearing to appeal the notice issued by the Enforcement Officer if the request is in writing and delivered to the Chief Law Enforcement Officer. The Enforcement Officer conducting the hearing shall not be the same officer as the officer issuing the alarm notice. Should the Enforcement Officer determine that the alarm notice is not valid, the fee shall not be collected and the alarm notice shall be dismissed. Should the Enforcement Officer determine that the alarm notice is valid, the fee shall be paid within fifteen (15) days from the date of the hearing. The Enforcement Officer shall render a decision at the time of the hearing. A request for a hearing shall suspend the time period for payment, as described in Section 8-127(c), until which time as the Enforcement Officer renders a decision. (b) Any person aggrieved by the decision of the Enforcement Officer may, within thirty (30) days from the rendition of such decision, apply to the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida for a review of such decision of the Enforcement Officer. • Sec. 8-129. Unpaid or Unexcused Citations For each separate alarm notice that has been neither paid nor excused within ninety (90) days of the date of issuance, the City may take any appropriate action allowed by law, in the appropriate court having jurisdiction thereof against any person to whom such alarm notice has been issued. The City shall be entitled to recover any and all costs including reasonable attorney's fees incurred as a result of such action. Sec. 8-130. Telephone Alarm Devices Prohibited. Telephone alarm devices (those which are connected directly to a law enforcement office or fire department) are prohibited. Section 2. That except as amended above, all other provisions of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. 3 ORDINANCE NO. 2001-020 ® Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on June 12, 2001. PASSED AND ADOPTED on second reading on July 10, 2001 PATRICIA FLURY MAYOR-COMMISSIONER ATT ST: ROLL CALL: COMMISSIONER BERTINO - YES AL,,_ COMMISSIONER MCELYEA-NO CHA ENE JO S N COMMISSIONER MIKES -YES ACTING CITY CL K VICE-MAYOR CHUNN-YES MAYOR FLURY- YES ® APPROVED AS TO F RM AND CORRECTNESS: BY: 1' Ti1O&A'R'J. AflSbRO CITY ATTORNEY 4 ORDINANCE NO. 2001-020 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on July 10, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinance entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF ANIMAL CONTROL; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING CHAPTERS 5 AND 17 TO ESTABLISH COMPREHENSIVE REGULATIONS FOR ANIMAL CARE AND CONTROL; PROHIBITING THE KEEPING OF ANIMALS WITHIN THE CITY OF DANIA BEACH EXCEPT AS PERMITTED BY SUCH REGULATIONS; PROHIBITING CRUELTY TO ANIMALS; PROHIBITING ANIMAL NOISE AND NUISANCES; REGULATING VICIOUS DOGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING THE PROVISIONS OF ARTICLE IX OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES ENTITLED "EMERGENCY ALARM ® SYSTEMS," IN THEIR ENTIRETY AND CREATING NEW PROVISIONS TO EFFECT A COMPREHENSIVE REVISION OF THE PROVISIONS SET FORTH IN SUCH ARTICLE IX AND CHAPTER OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A copy of this proposed Ordinances are on file in the City Clerk Department, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, Acting City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CMC Acting City Clerk Run in Sun Sentinel: 6/29/01 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: JULY 10, 2001 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS Ordinance Revising Chapter 8 Article 9—False Alarms 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND& FINAL READING 4. SUMMARY EXPLANATION & BACKGROUND: New version of Chapter 8, Building, Article 9, False Alarms 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Ken Koch, Building Official, to Jason Nunemaker, City Manager, through Laurence Leeds, Director Growth Management Department (06/06/01) Ordinance Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Ken Koch, Building Official Date July 3, 2001 Growth Management Department City Manager Date Memorandum To: Jason Nunemaker, City Manager Thru: Larry Leeds, Growth Management Director From: Ken Koch, Building Official Date: 6/6/01 Re: False Alarm Ordinance I have completed my review of the existing False Alarm Ordinance, and herewith submit the recommended final version. It was determined that the original version was too cumbersome and impractical to enforce. This version is extremely streamlined, uses only those resources of those agencies that are affected by false alarms, and uses little, if any city resources. ® This version being submitted has been reviewed by you (City Manager), Larry Leeds (Growth Management Director), and City Attorney Tom Ansbro. IN .■ 1*1 Ajr,nEAKING : „r BEFORE:;•tCIT.Y=-:;COMMIS- S ION i'MCITY,i`:,6F" ;DANIA BEACH;'da,,FLORIDA i; RE- SUN - SENT1 EL GARDING Y.. T ADOPTION ,OF:THE::'FOL- �ECEI �/ EDD PUBLISHED DAILY LOWING PROPOSED ORDI- NANCES: FORT LAUDERDALE, BROWARD COUNTY, FLORIDA NOTICE IS HEREBY GIVEN JUL - 3 2001 BOCA RATON PALM BEACH COUNTY FLORID that the City commission , . A of the City of Dania Beach, MIAMI MIAMI DADE COUNTY FLORIDA Florida, on July 10, 2001, at 7:00 P.M. or as soon thereafter as the matter imay be heard, will con- I duct a public hearing in STATE OF FLORIDA ;t a City yDCania lBeachr city COUNTY OF BROWARD/PALM BEACH/MIAMI DADE 'Hall, . loo West Dania BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Beach Boulevard, DaniaBeach, Florida to consider the proposed adoption of p the following Ordinance -wlx�,QU/.L WHO, ON OATH, SAYS THAT entitled: HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED AN ORDINANCE OF THE CITY OF DANIA BEACH, DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED FLORIDA, PERTAINING .TO IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE THE SUBJECT OF<ANIMAL CONTROL;AMENDINGSHE ATTACHED COPY OF ADVERTISEMENT, BEING A: CODE OF ORDINANCE&OF THE CITY OF' ' DANIA BEACH" ANIMAL CONTROL AMENDING CHAPTERS',5 AND :`17 TO.`ESTABLISH COMPREHENSIVE")+''REGU- LATIONS FOR.+:"•;ANIMAL IN THE MATTER OF: CARE AND CONTROL;•PRO- HIBITING THE 1KEEPING OF ANIMALS WITHIN THE CITY Animal Control AS, PERMITTED BY EXCEPT UCH REGULATIONS;'f'PROHIBIT- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE ING,<"CRUEL'TYi,t,T04�2 ANI- MALS;C�PROHIBITING",'ANI- ISSUES OF: SE AND NUISANC- ES;LREGIULATING VICIOUS DOGS;"'•PROVIDING i;;:FOR 6/29,1d 10452554 (CONFLICTS;''- PROVIDING FOR •SEVERABILITY;"''FUR- THER, PROVIDING FOR AN AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER EFFECTIVE DATE.N . AN ORDINACE.yOF.THE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, CITY OF DANIA BEACH, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY FLORID REPEALING SHE PROVVISIISI ONS. OF,ARTICLE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, IX OF CHAPTER'8,OF:THE' CITY CODE OF;ORDINANC EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE ES ,'ENTITLED POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, "EMERGENCY ALARM SYS TEMS,7%IN.THEIR,ENTIRETY FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF AND CREATING NEW:PRO- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT COMPREHENSIVE EFFECT`'-R A EVI- HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR SIGN O SET FORTH HI :PROVISIONS, H IN SUCH:ARTI-, CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE CLE IX AND CHAPTER..OF THE CODE OF ORDINANC- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID ES; PROVIDING FOR CON-. NE PAPER. �FLICTS; z..PROVIDING, FOR, SEVERANCE;,;- :-,FURTHER' ' .PROVIDING .;FOR ;AN';EF- FECTIVE DATE.;;,;•:',,.5? A copy'bfthis"proposed ( TURE OF IA T) Ordinances are:on file''Inl SIG A the Cityy ,'.Clerk Depart-1 ment; 'Cify"Hall;'�'Oo;West SWORN TO AND SUBSCRIBED BEFORE ME Dania ,:Beach.,-Boulevard; Dania Beach,!.Tlorida;•,•and ON: 29-June-2001 , A.D. may be' in'spected;byxhei public_•.,during normal working'hours:' Interested parties may ap- pear...,at rthe'acaforesaldj meeting;rand,� be:wheard (SIGNATURE OF NOTARY PTl_l( with respect,to-vth'e;Pro-1 °t YP °� Barbara 1 r)c aIld posed..c-Any.:,person;,who ; � Comaussion#CC 944074 decides',to;appeal•any;de-i cision made,,by-_the.,city EaQims 3uly 24,2004 Commission with respect; Bonded TAN to any.matter considered' ggOf ``�� AdaaucBondingCo. at.thls hearing wlll.need;a record of the proceedings and for:such purpose may need.to ensure that a ver- (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) batim record of;•the=pro ceedings is made;iwhich record Includes-the testa PERSONALLY KNOWN OR mony-.and evidence;•upori:. which the appeal-is'to,,be; based. ,.- PRODUCED IDENTIFICATION +In ,.accor.dan'c'e 'with1;'the America n,with'Disabilities' Act, persans,needing,as, sistance`.to;p6rticipate,'-49 any„.of:,the 4;.Proceedings`; should;,contact.;Charlene Johnson;,;,,;,,Acting;,?Yi•City Clerk,,jjt.10Q`,West�DBnla� Beach'i,Boulevard;r Dania' Beach;<,;a FloHda;�j�33004; (954)924=3622,afleast�48; hours prior:fo`.the`'meef Ing ri`YF> n� dr Chaifene lohnson,., CMC Acting City Clerlc June 29;2007,�r�ri . ..'1-'.,.