§ 46-36. False alarm response; verification of alarms by alarm companies; service charge; collection.

(a)

Whenever an alarm is activated in the city and the police department responds, a police officer on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the activated alarm was an emergency as indicated by the alarm system or whether the activated alarm was a false alarm.

(b)

If the police officer at the scene of the activated alarm system determines the alarm to be false, the police officer shall make a report of the false alarm. A notification of the false alarm shall be mailed to the alarm user at the address listed on the application or to the alarm premises.

(c)

An alarm monitoring company performing monitoring services and nonmonitored alarm users shall provide the police department with as much information as possible at the time of a call. Such information should include the valid permit number, the name and address of the alarm activation, and if capable, the specific location, e.g., front door, west window, etc. Failure to have a valid permit at the time of the call shall result in a service charge as established by resolution of the city commission. Failure to have a valid permit at the time of a second call shall result in a civil penalty as established by resolution of the city commission. Failure to have a valid permit at the time of a third call shall result in a civil penalty as established by resolution of the city commission, together with notice by certified mail that no further responses by the city will be made until a valid permit is obtained and all service charges and civil penalties are fully paid.

(d)

All alarm monitoring companies, when notified of the activation of any alarm system in the city to which the police department is expected to respond, must make a verification call to the premises generating the alarm signal, prior to alarm monitor personnel contacting the police department, in accordance with F.S. ch. 489.

(e)

All alarm monitoring companies who monitor burglar alarm systems in the city must maintain for a period of one year all monitoring service and installation records. Additionally, current information must be maintained regarding the premises monitored and the representative who can respond to an alarm activation when requested to do so by the alarm monitoring company or the police department. Such records shall be made available to the police department on request. Violation of this section shall result in a civil penalty to the alarm company in the amount established by resolution of the city commission.

(f)

The activation of false alarms from an alarm site within a year shall be fined and billed according to a fee schedule that shall be set by resolution of the city commission.

(g)

Failure to make payment within 30 days from the date of receipt of a bill for a service charge shall result in the imposition of a civil penalty as established by resolution of the city commission. Failure to pay the service charge and civil penalty within ten days of the date of receipt of the amended bill for service charge and civil penalty will result in the doubling of the civil penalty. Failure to pay the service charge and doubled civil penalty within ten days of the date of receipt of the amended bill shall result in a notice by certified mail of a discontinuance of the police department's response to alarms that occur at the premises described in the alarm user's permit, and the permit will be revoked until payment in full is received.

(h)

For the purposes of this section a year will extend from the first day of the original month of application to the last day of the same month the following calendar year. False alarms occurring during each year shall be handled in the same manner as set forth in subsections (a)—(d) of this section.

(i)

Any person operating a nonpermitted alarm system (revoked, suspended, or never permitted) will be subject to a civil penalty in the amount established by resolution of the city commission for each false alarm dispatch.

(j)

All alarm dispatch requests caused by an actual criminal offense or with evidence of an attempted criminal offense will not be counted as a false alarm, so long as the criminal offense is reported within five business days of the activation.

(k)

A second request to respond to the same premises within a 24-hour period will require the response of a person with a key to the premises. It is the duty of the alarm monitoring company to contact the key holder before a second dispatch request is made. If a key holder cannot be contacted, the police department will not be requested to respond. Alarm monitoring companies shall be assessed a civil penalty as established by resolution of the city commission for making requests for police department response without notifying a key holder in advance.

(l)

All users of an alarm system must have two representatives available to respond to an alarm activation to open the premises or deactivate the system. The representative must respond within 30 minutes of the request by the police department or alarm company to deactivate the system. Failure to do so shall result in a civil penalty as established by resolution of the city commission. All persons, firms, alarm companies, nonmonitored alarm users, and/or organizations who are responsible for notifying the police department of an alarm activation must have the alarm permit number of such location available, if one has been issued, for the police department when notifying the police department of an alarm activation.

(m)

The police department will respond to all 911 calls and robbery/panic alarms, when possible, regardless of the alarm user's status. However, the police department's response to these types of activations are limited to alarm systems which require an intentional act by a person on the premises to activate these types of alarms. Activation of these types of alarms which are determined to be false by the police department will result in an assessment as described in this section.

(n)

The police chief or his designee shall have the right to inspect any alarm system on the premises to which a response has been made and he may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this article.

(o)

The city attorney may proceed by a suit in a court of competent jurisdiction to collect such charge after demand therefor has been made by the city and the payment thereof refused by the alarm user.

(Code 1979, § 24-58)