CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                 Mayor and City Commission

 

FROM:           Richard D. Sala, City Manager

 

BY:                  Tammy L. Reed-Holguin, Community Development Director

                        Chief Lou Cavallo

 

DATE:            November 29, 2007

 

SUBJECT:     First Reading: Ordinance Amending Article VI - Alarm Systems

 

As you may recall, the City Commission approved Ordinance No. 02-01-1045 in January 2002, which requires the registration of burglar alarm systems and provides the ability to assess a fine for false alarms. The goal of the ordinance is to encourage owners to register their alarm systems.  The initial registration fee for a burglar alarm system is $25.  In April 2004, the City Commission amended the Ordinance to further encourage owners to register their alarms by eliminating the renewal charge if there were three or fewer false alarms responded to during the previous year. 

 

Since the implementation of the registration of alarm systems and enforcement of penalties for false alarms began in April 2002, there have been 1,870 alarm systems registered within the City of North Lauderdale.  According to BSO, the number of false alarms was reduced, further demonstrating the effectiveness of the registration system and the false alarm penalty. 

However, there remain a significant number of alarm systems that are not registered with the City and generate false alarm calls.  Since November 2006 through August 2007 (a 10-month period), the Community Development Department has tracked 338 responses to false alarms where the alarm system is not registered.  Currently the process is to issue a Courtesy Warning Notice through the Code Enforcement Division advising the owner to register the system with the City.  If they have not complied within the time allotted, they may be brought before the Special Master where usually additional time is granted and a daily fine may be assessed for non-compliance.  It is a lengthy process and the City continues to incur costs while there is the likelihood that additional false alarms will be generated and additional response costs will be incurred while the system is unregistered.

 

To offset these costs due to unregistered alarms and to further encourage registration, it is recommended that a penalty of $50.00 be immediately assessed at the time a false alarm is responded to a property where the alarm is found not to be registered.  Based on the numbers identified to date, there was historically a potential revenue source of approximately $16,000 for the 338 systems that were not registered during that 10-month period cited above.  Although it is hoped that the number of unregistered alarm systems will decrease as we achieve compliance, in the interim the amendment will enable the City to recover some of the costs incurred when responding to unregistered false alarms.

 

Tonight, we are presenting the attached ordinance with the proposed revision pertaining to a penalty of $50.00 for any false alarm calls for unregistered alarms for your consideration on first reading.

 

Recommendation:

 

The City Administration recommends Commission’s consideration and approval of the first  reading of the attached ordinance amending Article VI., entitled “Alarm Systems” to create Section 82-309 entitled “Penalty for Response to Unregistered False Alarms”  to provide penalties to the owners of unregistered alarm systems when a false alarm is responded to.


 

 

ORDINANCE NO. 07-_____

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, CREATING SECTION 82-309, ENTITLED "PENALTY FOR RESPONSE TO UNREGISTERED FALSE ALARMS" OF THE CODE OF ORDINANCES TO PROVIDE penalties to the owners of unregistered alarm systems when a false alarm is responded to; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS, City of North Lauderdale Ordinance No. 02-01-1045 requires the registration of burglar and security alarms, provides for annual registration and renewal fees, and establishes a fine schedule for excessive false alarms; and

 

            WHEREAS, the alarm registration ordinance assists the City by reducing the growing number of "false alarm" calls, which have a potentially adverse impact on the City's law enforcement resources and response; and

 

            WHEREAS, there are approximately 1,870 alarm systems registered in the City of North Lauderdale, and since the implementation of this ordinance, it has been reported that the number of false alarms has been reduced, thereby demonstrating the effectiveness of the alarm registration and false alarm fee program; and

 

            WHEREAS, the purpose of the City's alarm registration ordinance is to encourage alarm users to install and maintain their alarm systems in a responsible manner, thereby reducing "false alarm" responses; and

 

            WHEREAS, it has been determined that there remains a significant number of unregistered alarm systems and costs continue to be incurred to respond to false alarms generated by unregistered systems and to encourage registration; and

 

            WHEREAS, it is recommended that a penalty of $50.00 be immediately assessed upon owners of unregistered systems when a false alarm is generated.; and

 

            WHEREAS, the City Commission of the City of North Lauderdale has determined that it is in the best interest of the citizens and residents of the City of North Lauderdale to amend the alarm registration ordinance to provide a penalty for response to false alarms of unregistered systems.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THAT:

 

            Section 1.        The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.

 

            Section 2.        Section 82-309, entitled "Penalty for Response to Unregistered False Alarms" of the City of North Lauderdale Code of Ordinances is created as follows:

 

            Sec. 82-308. Penalty for unregistered false alarms.

 

In the event that the City’s Public Safety Department responds to an alarm and determines that the alarm is not registered with the City, there will be a $50.00 fine issued immediately and the property owner must register the alarm with the City. 

 

            Section 4.        Codification.    It is the intention of the City Commission of the City of North Lauderdale that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Lauderdale, Florida and that the Sections of this Ordinance may be renumbered, re-lettered and the work "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention.

 

 

            Section 5.        Severability.   If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance.

 

 

            Section 6.        Conflicts.  All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.

 

 

            Section 7.        Effective Date.    This Ordinance shall take effect immediately upon its adoption.

 

 

 

            PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE FIRST READING, THIS ______  DAY OF ________________, 2007.

 

 

            PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS _______ DAY OF ________________, 2007.

 

APPROVED AS TO FORM:

 

 

______________________________

SAMUEL S. GOREN

CITY ATTORNEY                                         ____________________________________

                                                                        MAYOR JACK BRADY

 

 

ATTEST:

                                                                        ____________________________________

                                                                        VICE MAYOR RICH MOYLE

 

__________________________________________

PATRICIA VANCHERI, ACTING CITY CLERK

 

 

 

Rev. 11-17-07