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HomeMy WebLinkAbout17-006ORDINANCE NO. 17-006 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SUBSECTION 18-100(C) (CLASSIFYING ALARMS; FEES CHARGED) TO DELETE THE CIVIL PENALTY FOR ALARM COMPANIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1982, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with the requirements of state law and to provide for a more efficient means of processing alarm system permit applications and collecting false alarm charges effective October 1, 2015. 5. On September 15, 2015, the Board adopted Ordinance No. 15-013 which further amended Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal of a false alarm determination and fine and extend the effective date of from October 1, 2015 to April 1, 2016 in order to allow the additional time for the local municipalities to complete adoption of similar amendments to their respective alarm system ordinance. 6. On April 4, 2016, the Board adopted Ordinance No. 16-05 which extended the effective date of Ordinance No. 15-05 to July 1, 2016. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4308588 05/1512017 10:42.07 AM OR BOOK 3996 PAGE 948 - 950 Doc Type: ORDN RECORDING: $27.00 1 Underlined passages are added. StFuck thre..^" passages are deleted. 7. On July 5, 2016, the Board adopted Ordinance No. 16-011 to extend the effective date to October 1, 2017 in order to further allow additional time for the local municipalities to complete adoption amendments to their respective alarm system ordinances. 8. Section 553.7931, Florida Statutes, exempts alarm contractors from civil penalties arising from failure to register alarm systems and false alarms from unregistered alarm systems. 9. It is necessary to amend Subsection 18-100(c) to delete fines assessed to alarm companies forfailingto register alarm systems and false alarms from unregistered alarm systems. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 18-100 (Classifying alarms; fees charged) of the St. Lucie County Code of Ordinances and Compiled Laws is amended by amending Subsection 18-100(c) to read as follows: (c) An alarmsystem shall not be aetiyate activated the alarn; system prior to the registration of the alarm system_. If a false alarm occurs prior to the registration of the alarm permit, the alarm is self meniteFed the a user will be charged a fine of $50.00, which may be waived if the alarm perwit system tem is registered within 30 days. PART B. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chairman Tod Mowery, Vice Chairman Commissioner Linda Bartz 2 ABSENT AYE AYE Underlined passages are added. StFuek thFeug4 passages are deleted. Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 2nd day of May, 2017. ATTEST: Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED- S TO FORM CORRECTNE BY: County Attorng Underlined passages are added. StFUGk thFE) # passages are deleted. .�ILOEUDA 5PARTTENT 4f STATE RICK SCOTT Governor May 10, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEPI' DIETZNER Secretary of State CANNED MAY .11, 2017 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-006, which was filed in this office on May 10, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building ® 500 South Bronough Street ® Tallahassee, Florida 32399-0250 'telephone: (850)245-6270 www.dos.state.fl.us