§ 10.5-198. Definitions.

Unless it is clear from the context that another meaning is intended, the following words, when used in this division, shall have the meaning attributed to them by this section:

365-day period means any consecutive 365-day period. For the purposes of determining the number of false alarms an alarm user has had within a 365-day period, the period of time to be analyzed shall be the date on which the most recent false alarm has occurred and the 364-days preceding the date of such false alarm.

Alarm system means any mechanical, electrical or radio controlled device which is designed to be used for the detection of smoke, heat or fire or an unauthorized entry into a building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility, and which emits a sound or transmits a signal or message when activated. Excluded from this definition are devices that do not register alarms that are audible or visible and that do not otherwise communicate outside of the protected building, structure or facility; auxiliary devices installed by telephone companies to protect telephone systems from damage or disruption of service; and alarm systems installed in conveyances for the exclusive protection of such conveyances. Alarms that indicate malfunctions in public utilities are also excluded from this definition.

Alarm user means the person, firm, business, partnership, association, corporation or other entity who either:

(1)

Owns the premises in which an alarm system is installed; or

(2)

Who leases or occupies the premises;

(3)

Who is designated as the registered agent of the premises; or

(4)

Is the rental/property management company for the premises.

Automatic alarm communication system means any automatic communication device or automatic telephone dialing alarm system which, upon being activated, automatically transmits to any telephone in any facility of the fire services division or the sheriff's office a recorded message or coded signal indicating the need for an emergency response.

False alarm means an activated alarm that elicits a response by the fire services division when no fire, reasonable threat of a fire, or other emergency requiring the services of the fire services division exists, or that elicits a response by the sheriff's office when no criminal activity, reasonable threat of criminal activity, unauthorized entry or other emergency requiring the services of the sheriff's office exists. This definition includes signals activated by accident, negligence, mechanical failure, electrical failure, signals activated intentionally in nonemergency situations and signals for which the actual cause of activation is unknown. A rebuttal presumption shall exist that an alarm is false if, in the case of a fire alarm, personnel from the fire service division find no evidence of a fire, reasonable threat of a fire, or other emergency requiring the services of the fire service division after following normal operating procedures or, in the case of a security alarm, personnel from the sheriff's office find no evidence of an unauthorized entry, criminal activity, a reasonable threat of criminal activity, or another emergency requiring the services of the sheriff's office after following normal operating procedures. This presumption may be overcome if the alarm user proves that:

(1)

In the case of a fire alarm, an individual activated the alarm based upon a reasonable belief that a fire, reasonable threat of a fire, or another emergency requiring the services of the fire services division actually existed; or

(2)

In the case of a security alarm, an individual activated the alarm based upon a reasonable belief that an unauthorized entry, criminal activity, a reasonable threat of criminal activity, or another emergency requiring the services of the sheriff's office actually existed; or

(3)

The alarm system was activated by lightning or an electrical surge that caused physical damage to the alarm system, as evidenced by the testimony of a state-certified or registered alarm system contractor who conducted an on-site inspection of the system; or

(4)

The alarm system was activated by some other cause beyond the alarm user's reasonable control.

Fire services division means the Polk County fire services division.

Keyholder means any person authorized by the alarm user to enter or provide access to the alarm user's premises for the purposes of enabling the fire services division or the sheriff's office to investigate and determine the validity of an alarm.

Panic alarm means any mechanical, electrical or radio-controlled device which is personally activated by the alarm user and which indicates that a clear and present danger is presently confronting the alarm user. The term shall include pull stations used to signal the existence of a fire.

Polk County means Polk County, a political subdivision of the State of Florida.

Polk County Code Enforcement Citation Ordinance means Polk County Ordinance No. 92-32, as amended, and the uniform fine schedule adopted pursuant thereto. Said ordinance may also be referred to herein as the "Polk County citation ordinance" and the "citation ordinance".

Responding officer means an officer or deputy with the sheriff's office responding to a security alarm or a firefighter, fire inspector or other official with the fire services division responding to a fire alarm.

Sheriff's office means the Polk County sheriff's office.

(Ord. No. 97-36, § 2, 9-16-97; Ord. No. 03-64, § 1, 9-17-03)