Ordinance 85-2466 ORDINANCE NO. 85-2466
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING §25-39. 1 (c) , §25. 39.1 (g ) ,
§25-39 . 2 (c) (1) , (2) , AND §25-39 . 3, AND
ADDING §25-39.1 ( 17) OF THE CODE OF THE CITY
OF MIAMI BEACH EXPANDING THE GRACE PERIOD FOR
FALSE ALARMS AND THE DEFINITION OF ALARM
USER, CHANGING THE BILLING PERIOD FOR FALSE
ALARMS TO AN ANNUAL BASIS , PROVIDING FOR A
UNIFORM $25 . 00 FEE TO BE ASSESSED FOR CERTAIN
RESPONSES TO FALSE ALARMS, PROVIDING FOR
IMPOSITION OF A PENALTY DUE TO A VIOLATION OF
THIS ORDINANCE BY THE CODE ENFORCEMENT BOARD
OR A COURT OF COMPETENT JURISDICTION, AND
PROVIDING FOR AN ADMINISTRATIVE APPEAL
PROCESS; PROVIDING FOR REPEAL OF §25-
39 . 2 (c) (3) and (4) and §25-39. 4 AND CONTRARY
ORDINANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Section 1:
That section 25-39. 1 (c) is hereby amended to read as follows:
(c) As used in this section the term "grace period" shall
mean that if any alarm business installing such a burglary or
robbery alarm shall 4mmed4ately give wnitten net}tleatlen to the
Mlaml Beaeh Gh}e€ e€ Pellee of sleh }netallatlen or alarm user
notifies the police officer dispatched to the scene of the false
alarm that the alarm system has been installed within the past
thrity (30) days, then the alarm user upon whose property such
alarm has been installed will be given a ten thirty (30) day grace
period from the date of the installation to correct any
malfunctions as a result of the installation.
Section 2:
That section 25-39 .l ( g) is hereby amended to read as follows:
As used in this section, "alarm user" means the person,
trustee, firm, partnership, corporation, association, company, or
incorporated or unincorporated business entity of any kind which
is the owner or lessor of the real property containing a building,
structure, or dwelling with alarm systems and/or the lessee,
occupant, including the employees, agents and servants in control
of any building, structure or dwelling or portion thereof , wherein
an alarm system is maintained, if someone other than the owner or
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
lessor occupies same at on or about the time of the occurrence of
the false alarm.
Section 3 :
That section 25-39 .1 (h) is hereby enacted as a new subsection
as follows:
As used in this section, the term annual period shall mean
the yearly period of three hundred sixty-five (365) or three
hundred sixty-six (366) days, as the case may be, commencing on
January 1 and ending on December 31 of each year .
Section 4 :
That section 25-39 . 2 (c) (1) is hereby amended to read as
follows:
(1) For the first, second, and third, fourth and fifth
response to a false alarm w thin ninety -f99} days of the fist
teepense within an annual period, no fee shall be assessed, but
the petsen Of easiness entity alarm user responsible for the false
alarm shall take whatever corrective action necessary to insure
that the th}r<d fifth false alarm will be the last.
Section 5 :
That section 25-39 . 2 (c) (2) is hereby amended to read as
follows:
If a feutth For each successive response to a false alarm
eeeets w€th€n any n€nety -(90} day pee after the fifth response
within an annual period, a fee of twenty-five dollars shall be
assessed; for purposes of this subsection and the next, the annual
n}nety day period commences w.ith every false alarm each January 1
and ends on December 31 of each year .
Section 6 :
That sections 25-39 . 2 (c) (3) and (4) are hereby repealed.
Section 7:
That section 25-39. 3 is hereby amended to read as follows :
Section 25-39 . 3 Same.
Appeal. Penalty; Payment of collection costs and attorney fees.
(a) A hearing officer shall be appointed by the City Manager to
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
hear appeals from alarm users on the issue of whether the alarm
system in question activated a false alarm, as determined by the
police officer (s) dispatched to the scene of the activated alarm.
(b) The alarm user shall have ten (10) days from the date the
false alarm fee in question is assessed, to request in writing a
hearing from the City Manager before his appointed hearing
officer .
(c) At the hearing, which must be scheduled and concluded within
thirty days from the date the request for same is received, the
alarm user shall have the right to present evidence and testimony.
(d) The hearing officer shall make written findings available to
the alarm user and the chief of police within ten (10) days from
the date the hearing is held and concluded.
(e) A decision by the City Manager , to uphold or to cancel the
false alarm fee which is the subject of the hearing must be made
within ten (10) days of the receipt of the above findings by the
hearing officer .
(f) Until all of the steps set forth in the foregoing subsections
have been completed, the false alarm in question will be
considered to have been genuine and will be considered on the
prima facie presumption that the involved alarm system is
malfunctioning .
(g) Absent an appeal being taken as provided for herein, should a
violation of this section continue past a reasonable time of
thirty (30) days for correction, or should an alarm user fail to
pay the fees assessed for a violation within thirty (30) days of
when due, in addition any other penalties pfey4eled imposed by law,
a fine not to exceed five hundred dollars may be imposed by the
City of Miami Beach Code Enforcement Board or by a court of
competent jurisdiction for each and every violation of eeetiere
25-3972 threugh 25-3974 this section. The alarm user shall pay all
costs of collection, including a reasonable attorney' s fee
incurred in the collection of false alarm fees, penalties and
liens imposed by virtue of this chapter .
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
-fa* (h) In the event that an the alarm user fails to pay
any fine or other penalty provided by law so imposed within thirty
days of its imposition then it shall result in a certified copy of
the fine to be recorded in the Public Records of Dade County,
Florida, and thereafter shall constitute a lien against the real
property on which the alarm system is located. Liens the aeelied
arising as set eat by virtue of this paragraph shall have degnity as
liens acquired by virtue of the City Charter .
Section 8 .
That section 25-39. 4 is hereby repealed.
Section 9 . Repealer
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 10 . Severability
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 11. Effective Date
This Ordinance shall take effect tea (10) days after passage,
on March 2, 1985.
PASSED and ADOPTED this 20th day of February, 1985. .
MAYOR
ATTEST:
City Clerk r
1st Reading - July 25, 1984
2nd Reading - February 20, 1985
RSR:bh
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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