2014-3830 Ordinance i
ORDINANCE NO. 2014-3830
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE
MIAMI BEACH CITY CODE, ENTITLED "EMERGENCY SERVICES,"
BY AMENDING ARTICLE II THEREOF, ENTITLED "ALARM
SYSTEMS," BY AMENDING SECTION 42-86, ENTITLED "FALSE
ALARMS," TO PROHIBIT THREE (3) OR MORE FALSE INTRUSION
ALARMS; BY AMENDING SECTION 42-89 ENTITLED "NOTIFICATION
OF FALSE ALARMS," WHICH SHALL BE ENTITLED
"ENFORCEMENT," AND SETS FORTH THE ENFORCEMENT
AUTHORITY OF THE MIAMI BEACH POLICE DEPARTMENT AND
THE ISSUANCE OF A NOTICE OF VIOLATION FOR SECTION 42-86;
BY AMENDING SECTION 42-90 ENTITLED "INITIAL REVIEW UPON
NOTIFICATION," WHICH SHALL BE ENTITLED "RIGHTS OF
VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAR; FAILURE TO
PAY CIVIL FINE OR TO APPEAL," AND SPECIFICALLY DELINEATES
THE RIGHTS OF VIOLATORS, PAYMENT OF FINE, RIGHT TO
APPEAR, AND FAILURE TO PAY THE CIVIL FINE OR APPEAL; BY
AMENDING SECTION 42-91 ENTITLED "APPEAL OF FALSE ALARM
DESIGNATION," WHICH SHALL BE ENTITLED "PENALTIES," BY
PROVIDING FOR PENALTIES REGARDING A FALSE INTRUSION
ALARM; BY DELETING SECTION 42-92 ENTITLED "PENALTY FOR
VIOLATION OF DIVISION"; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, throughout the City of Miami Beach (the "City"), exists numerous intruder
alarm systems that are privately owned, operated and maintained; and
WHEREAS, the continued false alarms from these intruder alarm systems cause
substantial deviation of the City of Miami Beach Police Department resources by causing the
dispatch of police officers to the scene of false intruder alarms; and
WHEREAS, these false alarms are a continued threat to the safety of the residents of
the City by removing police officers from patrol duties, and preventing police officers from
responding to legitimate emergencies; and
WHEREAS, the current penalty provisions fail to deter the continued malfunctioning of
these false alarms, and unnecessarily diverts the patrol duties of the Miami Beach Police
Department; and
WHEREAS, the Administration and the Miami Beach Police Department recommends
amending the penalty provision for violation of Article II, which are necessary to accomplish the
above objectives; and
WHEREAS, the City Commission accepts the recommendation of the Finance and
Citywide Projects Commission Committee rendered on April 25, 2013, to amend Chapter 42,
entitled "Emergency Services" by amending Article II, entitled "Alarm Systems."
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled, "Alarm Systems," of Chapter 42 of the Miami Beach City
Code, entitled "Emergency Services," is hereby amended as follows:
CHAPTER 42
EMERGENCY SERVICES
ARTICLE II. ALARM SYSTEMS
Sec. 42-86. False alarms.
No alarm user shall cause, allow or permit the intrusion alarm system
to give four (4) or more false intrusion alarms in any registered period.
Sec. 42-89. . Enforcement.
alarm use-r-.
The Miami Beach Police Department shall enforce the provisions of this section. This
shall not preclude other law enforcement agencies or regulatory bodies from any action to
assure compliance with this section, and all applicable laws. If an enforcing officer finds a
violation of this section, the officer may issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, notice that the Violation may be
appealed by requesting an administrative hearing within ten days after service of the Notice of
Violation, and that failure to appeal the violation within the ten days, shall constitute an
admission of the violation and a waiver of the right to a hearing.
Sec. 42-90. . Rights of violators; payment of fine; right to
appear; failure to pay civil fine or to appeal.
(a) I pee; revieIei of any false alarm wamine nntiGe false alam; RGtiGe of •,e+GeGGMeRt.
or alarm s bSGFibeF permit warning from the 6ity, the alarm u seF 6hall have
days from the date the notice was pestmarked to Furl lest an initial reyie.AV of the
2
/h\ I.Nithim nGei t of the rervuestrfVi�Vii-�TG the false a
them e"G-rve 16 eRee allowed by �cimuel inn If it is ter ser �eiill he c+ e
a PGIiG
re�i� letter iRdinating that the alarm me e.. th. -X'GeptiGR GFiteFia QeF thi6
.
(G) If the d fensa pFevided *6 GRe not allowed by thi6 diVw6iGR, the alarm weer wall he
sent a pGline TFeeyie
GOntagn Feasens allowed 6IRder this divisien and that the alaFFn wall Femain a false
M A violator who has been served with a Notice of Violation must elect to either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be requested within 10 days of the
issuance of the notice of violation.
The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73.
If the named violator, after issuance of the Notice of Violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be
treated as an admission of the violation, which fines and penalties to be
assessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
Property owned by the violator, which may be enforced in the same manner
as a court iudgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
iudgment except for enforcement purposes. After two months from the
recording of any such lien that remains unpaid, the City may foreclose or
otherwise execute upon the lien.
Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (10) days of the issuance of the Notice of Violation.
M The Special Master shall not have discretion to alter the penalties prescribed
in sections 42-91 and 42-92.
3
Sec. 42-91. Appeal of false alarm designation. Penalties.
ren�sj shall he mailed nr hand del
shalnetify the pGIine deeparrtmen+ of the request for hearing en the next ernrl�inn
a resole i y norv�rv+issinn in Gash money eFder or geFtified GheGk fnr
��(. VVIVI I, 11 I Gash, II IVI IV• VI�..VI, VI VV.�...Vim.. v..v v.� .v.
each aIam; disputed. The appeal fee well heFetr Red to the �JGr ihe heear�g
n#iner n Iles in his/her/its fayeF
(d) At the in�heaFiinnng, whinh shall take pIage WithiR dais fre.m. the date the FegWeSt
testimony. Within ten of the hearing the hearing offin
fi di�y nrrs available
(a) Civil fine for violators. The following civil fines must be imposed for a violation of
Section 42-86, for those violations incurred for a false intrusion alarm:
1. For the fourth false burglar alarm in the user's registration period, by a fine of
50.00.
2. For the fifth false burglar alarm in the user's registration period, by a fine of
100.00.
3. For the sixth and each additional false burglar alarm in the user's registration
period, by a fine of$200.00.
4. For each violation of section 42-87, the alarm monitoring company shall be
fined $100.00.
An alarm user shall not be fined more than two hundred dollars ($200.00) for
false alarms that occur at the same premises in any twenty-four-hour period.
(c) No penalty specified hereunder shall be imposed or assessed against any entity
that qualifies as tax exempt under the provisions of Section 501(c)(3) of the
Internal Revenue Code provided that the premises is used exclusively by said
entity for such tax exempt purposes.
4
For a first. violation, a fine ef .
(2 r eTiveFy subsequent , a fine of$1 QQ.QQ will be assesse
e the p9liGe well suspeRd
re p9RSe- to the IGGatien far the romaiRdeF of the 12 month peFied The i�cer will
�f""��" R7T1"Q"GTGTCTI•G-T�f7TGTTLTrr7 GT7'oG�T-r-ry�yyT vr...
he notified by nertified mail ret6 irn reneint rem ue6ted that 30 Calendar days from
tton th F'6 1GGGatiGR. if an appeal ice+ filed by
rry
p ur ua1�T tT tG hi�G GeNiGe shall not he s speF;ded Until after the appeal
0s heard nuFsuanttG seGtiG t 41
(G) An alam; w6eF shall Rot be fined PAeFe thaR $20040 f9F false a1aFFRs that GGGUF at
the am s in any 24-hour period_
/d\ F=nr a t,nQo7, the alarm monitnrinrr nom iaRY 6hall he fined
V M M
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way effect the validity of the remaining portions of this ordinance.
SECTIONS. EFFECTIVE DATE.
This Ordinance shall take effect the a5M day of P , 2014
PASSED and ADOPTED this P90% day of J 4h� r y 2014
ATTEST:
FAEL E. GRANADO, CIT E ,., •;y
"r - APPROVED AS TO
Underline denotes additions;' J �c�9hot / deleti FORS ANGUAG
E
&F ECUTION
�-f
26'
5 _ A TORN EY D TE
COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE BY AMENDING ARTICLE II THEREOF,BY AMENDING
§ 42-86 TO PROHIBIT THREE (3) OR MORE FALSE INTRUSION ALARMS; BY AMENDING § 42-89, WHICH
SHALL BE ENTITLED "ENFORCEMENT," AND SETS FORTH THE ENFORCEMENT AUTHORITY AND THE
ISSUANCE OF A NOTICE OF VIOLATION FOR§42-86; BY AMENDING§42-90,WHICH SHALL BE ENTITLED
"RIGHTS OF VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAR; FAILURE TO PAY CIVIL FINE OR TO
APPEAL," AND SPECIFICALLY DELINEATES THE RIGHTS OF VIOLATORS, PAYMENT OF FINE, RIGHT TO
APPEAR, AND FAILURE TO PAY THE CIVIL FINE OR APPEAL; BY AMENDING § 42-91, WHICH SHALL BE
ENTITLED "PENALTIES," BY PROVIDING FOR PENALTIES REGARDING A FALSE INTRUSION ALARM; BY
DELETING§42-92 ENTITLED"PENALTY FOR VIOLATION OF DIVISION.
Key Intended Outcome Supported:
Increase Resident and Business ratings of Public Safety.
Supporting Data(Surveys, Environmental Scan,etc.): According to the Center For Research and
Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009,indicated
that their three top most important areas of for the City of Miami Beach to address in an effort to improve public
safety throughout the City is Preventing Crime 44.9%,Enforcing Traffic Laws 36.1%and Increasing Visibility of
Police in Neighborhoods 32.4%.
Issue:
Shall the Mayor and City Commission adopt the proposed amendments to the false intrusion alarm provisions of
the City Code?
Item Summa /Recommendation:
The false alarm ordinance was discussed in the Finance and Citywide Projects Committee on April 25,
2013. Chief Martinez presented the department's analysis, and proposed amending the City of Miami
Beach Code to mirror the false burglar alarm code in Miami-Dade County.
The Committee members voted to amend the false intrusion alarm fine schedule to mirror Miami-Dade
County burglar alarm provisions,with the exception of increasing the per year registration permit fee and
maintaining it at$10.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: $17,000 011-8000-354-001
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Dolores W. Mejia, Miami Beach Police Department
Si n-Offs
Dep rtment irector Assistant City Manager City Manager
f�,r
Ra mond artinez, hief
Agenda Item RS7A
MIAMIBEACH Date
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members ptheCity mmission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
EADING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE MIAMI BEACH CITY
CODE, ENTITLED "EMERGENCY SERVICES," BY AMENDING ARTICLE II
THEREOF, ENTITLED "ALARM SYSTEMS," BY AMENDING SECTION 42-86,
ENTITLED "FALSE ALARMS," TO PROHIBIT THREE (3) OR MORE FALSE
INTRUSION ALARMS; BY AMENDING SECTION 42-89 ENTITLED
"NOTIFICATION OF FALSE ALARMS," WHICH SHALL BE ENTITLED
"ENFORCEMENT," AND SETS FORTH THE ENFORCEMENT AUTHORITY OF
THE MIAMI BEACH POLICE DEPARTMENT AND THE ISSUANCE OF A NOTICE
OF VIOLATION FOR SECTION 42-86; BY AMENDING SECTION 42-90 ENTITLED
"INITIAL REVIEW UPON NOTIFICATION,"WHICH SHALL BE ENTITLED "RIGHTS
OF VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAR; FAILURE TO PAY
CIVIL FINE OR TO APPEAL," AND SPECIFICALLY DELINEATES THE RIGHTS OF
VIOLATORS, PAYMENT OF FINE, RIGHT TO APPEAR, AND FAILURE TO PAY
THE CIVIL FINE OR APPEAL; BY AMENDING SECTION 42-91 ENTITLED
"APPEAL OF FALSE ALARM DESIGNATION," WHICH SHALL BE ENTITLED
"PENALTIES," BY PROVIDING FOR PENALTIES REGARDING A FALSE
INTRUSION ALARM; BY DELETING SECTION 42-92 ENTITLED "PENALTY FOR
VIOLATION OF DIVISION"; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
KEY INTENDED OUTCOME SUPPORTED
• Increase Resident and Business ratings of Public Safety.
• Ensure Compliance with code within a reasonable time frame.
ANALYSIS
The Miami Beach Police Department has experienced over 5,400 false alarm calls in
Fiscal Year 2012/13. As the Code currently stands, the Miami Beach Police Department
is responsible for the administrative process for false alarms, including notifying
residents and businesses of each false alarm incident, notification to residents and
business payment and collection and false alarm incidents which require the payment of
a fine, and collecting the fines.
Due to limited staffing, the Miami Beach Police Department has been completing the
false alarm processing via overtime assignments. This has caused backlogs in
processing, as well as delays in collecting fees. Year over year, the Miami Beach Police
Department has seen a decrease in the collection of false burglar alarm fees.
The table below reflects fee collection from 2008 to 2012:
YEAR REVENUE
2008 $13,610
2009 $13,060
2010 $10,950
2011 $7,050
2012 $2,800
Currently, fines and appeals for this section of the City Code are under the purview of
the Miami Beach Police Chief. It is further recommended that these provisions would be
included in Chapter 30 of the City Code to provide jurisdiction to the Special Master.
As part of the due diligence process, the Miami Beach Police Department reviewed local
false alarm provisions, as illustrated below:
Miami- City of Current-
iDade Hialeah j Miami
'Coup Beach
Registration - 1 violation $50 $50 $10
Registration -2nd violation and all $100 $100 N/A
subsequent
1S false alarm $0 $0 $0
2"a false alarm $0 $0 $0
3rd false alarm $0 $0 $0
4 false alarm $50 $100 $50
5 false alarm $100 $100 $100
6 false alarm and all subsequent in $200 $200 $100
registration period
Violation of alarm verification call, $100 $100 N/A
cancelling false alarm subsections
Cap(in a 24-hour period) $200 $200 $200
Miami Beach Police Department personnel also contacted several billing and collections
agencies who serve other local law enforcement departments for false alarm billing and
collections.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
The false alarm ordinance was discussed in the Finance and Citywide Projects
Committee on April 25, 2013. Chief Martinez presented the department's analysis, and
proposed amending the City of Miami Beach Code to mirror the false burglar alarm code
in Miami-Dade County.
The Committee members voted to amend the false intrusion alarm fine schedule to
mirror Miami-Dade County burglar alarm provisions, with the exception of increasing the
per year registration permit fee and maintaining it at $10.
The table below illustrates the committee's recommendation:
Finance Committee Approved -
Miami Beach False Alarm Fine
Schedule
Registration - 1 violation $10
Registration -2" violation and all subsequent $100
1 false alarm $0
2n false alarm $0
3ro false alarm $0
4 false alarm $50
5 false alarm $100
6 false alarm and all subsequent in registration period $200
Violation of alarm verification call, cancelling false alarm $100
subsections
Cap (in a 24-hour period) $200
FISCAL IMPACT
The purpose of the fines is to encourage compliance with the Code, and it is anticipated
that revenue from these fines will decrease from year to year with the increase in
compliance. The cost associated with responding to a false alarm calls involves
personnel responding to the call; however, this cost is funded from the general fund as a
standard Police Department function. The revenue projected from these fines in Fiscal
Year 2013/14 total $17,000; however, it is difficult to predict revenue without an
established ordinance and track record.
CONCLUSION
For the Miami Beach Police Department, burglar alarms are an additional tool in helping
keep residents and businesses safe. Lack of enforcement relative to burglar alarm
registration, as well as false alarms diverts public safety resources and impacts
response time. The new fine schedule, appeals procedures and outsourcing of
administrative processing for billing and collections will assist the department in
facilitating consistency and compliance with these provisions of the City Code.
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