Ordinance 11-07 – Approved

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[ Code of Ordinances ]
Ordinance 11-07 – Approved

ORDINANCE NO. 11-07

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA AMENDING ARTICLE IX – ALARM SYSTEMS; AMENDING SECTION 6-168 – DEFINITIONS – AND SECTION 6-169 BY REMOVING REFERENCES TO DIRECT CONNECTION TO THE TOWN’S COMMUNICATIONS CENTER; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, property owners routinely install alarms to protect their investment; and

WHEREAS, alarms sometimes malfunction; and

WHEREAS, there is a cost associated with Town police officers responding to an activated alarm, both in terms of cost and possibly the inability to respond to a different call for assistance; and

WHEREAS, it is necessary in most municipalities to institute an incentive to minimize police needed to respond to false alarms resulting in property owners ensuring that alarm systems function properly;

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida that:

SECTION 1. That Sec. 6-168 is hereby amended to read:

Sec. 6 168. Definitions.

Alarm system. Any assembly of mechanical or electrical equipment so arranged as to signal the occurrence of a monitored event requiring urgent attention and to which the police department or fire department is expected to respond, and which system is connected to the town communication center.

Automatic telephone dialing alarm system. A telephone dialing device which, upon activation, automatically transmits by telephone or telephone line to the town communications center, or to an answering service, a recorded message indicating a need for emergency response.

SECTION 2. That Sec. 6-169 is hereby amended to read:

Sec. 6 169. Permits required; fee; renewal.

* * * * *
(b) A permit fee of ten dollars ($10.00) per year shall be levied on each and every business alarm system installed and in use within the town. and on every residence alarm system that is directly connected with the town communication system. If a business has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate permit shall be required for each structure.

SECTION 3. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 5. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of March, 2011, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of April, 2011.
TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk