§ 10.5-202. False alarms; required corrective action and penalties.

(a)

Regardless of the number of false alarms an alarm user has had within any period of time, whenever it appears that a false alarm was caused by a system malfunction rather than human error or some other external source, the alarm user shall within fifteen (15) days have his or her alarm system inspected and, if necessary, repaired by a state-certified or state-registered alarm contractor. The alarm user shall submit written proof of such inspection and, if applicable, repair to the fire services division in the case of a fire alarm and to the sheriff's office in the case of a security alarm within thirty (30) days of the false alarm.

(b)

Except as provided in subsection (c), the penalties for false alarms shall be as follows:

(1)

No fine shall be imposed for the first false alarm within any 365-day period.

(2)

No fine shall be imposed for the second false alarm within any 365-day period unless the alarm user has failed to comply with the requirements of subsection (a), in which case a fine in the amount of fifty dollars ($50.00) shall be imposed.

(3)

The fine for a third and subsequent false alarms within a 365-day period shall be as follows, except that the listed fines shall be doubled if the alarm user is not in compliance with subsection (a) at the time the false alarm triggering the fine occurs:

False Alarm	Fine
3rd	$100.00
4th	150.00
5th	200.00
6th	300.00
7th	400.00
8th and over	500.00

 

(c)

The penalty for contested citations shall be in an amount to be determined by the court, not to exceed five hundred dollars ($500.00).

(d)

If an alarm user fails to pay any fine imposed herein within sixty (60) days of issuance of a citation, or within forty-five (45) days of the date of an adverse final judgment by the court in the event of a contested citation, the alarm user forfeits the right to operate his or her alarm system and, unless otherwise required by law, may not operate said system until such fine is paid. Operation of an alarm system in violation of this subsection shall constitute a misdemeanor of the second degree, punishable as provided in Chapter 775, Florida Statutes. In addition, a judgment lien may be recorded against the alarm user in the public records.

(e)

For the purposes of this section, false security alarms and false fire alarms shall be counted separately. For example, an alarm user who has had three (3) false security alarms within a 365-day period will not receive a citation upon the occurrence of his or her first false fire alarm within the 365-day period.

(Ord. No. 97-36, § 5, 9-16-97; Ord. No. 09-052, § 1, 9-2-09)