Ordinance 74-2013 ORDINANCE NO. 74-2013
AN ORDINANCE CREATING SECTIONS 25-121,
25-122, 25-123, and 25-124 OF CHAPTER 25
OF THE CODE OF THE CITY OF MIAMI BEACH
TO REGULATE AUTOMATIC TELEPHONE DIALING
ALARM SYSTEMS ; PROVIDING DEFINITION;
PROHIBITING SPECIFIED ALARM SYSTEMS '
PROVIDING FOR THE REMOVAL OF THE UNLAW-
FUL SYSTEMS; PRESCRIBING CIVIL LIABILITY;
PROVIDING PENALTY FOR VIOLATION OF
ORDINANCE ; PROVIDING SEVERABILITY CLAUSE,
REPEAL CLAUSE, AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA :
SECTION 1 : That Section 25-121 of Chapter 25 of the Code of the
City of Miami Beach is hereby created to read as
follows :
SECTION 25-121 : Automatic Telephone Dialing Alarm
System - Definition.
The term Automatic✓ Telephone Dialing Alarm System
shall include any system which, upon being activated, automati-
cally transmits by telephone or telephone line, a recorded
message or any other electronic or emergency or mechanical
alarm signal to the City of Miami Beach Police Department Com-
munications Center or any telephone line leased by the City of
Miami Beach and installed within any facility operated by the
Miami Beach Police Department. However, public coin telephone
alarm systems ; alarm systems which are utilized by government
departments or agencies of the City of Miami Beach, Florida ; or
alarm systems which transmit to the City of Miami Beach Police
Department Communications Center live voices capable of two-way
communication; or alarm systems which are automatically answered
by the response of a private security or alarm service agency to
the premises are expressly excluded from the definition of the
term "automatic telephone dialing alarm system" as used in this
ordinance.
SECTION 2 . That Section 25-122 of Chapter 25 of the Code of the
City of Miami Beach is hereby created to read as
follows :
SECTION 25-122 : Same - Prohibited alarm system.
It shall be unlawful for any person, natural or cor-
porate, to sell, offer for sale, install, maintain, lease, own,
possess, or operate an automatic telephone dialing alarm system
connected to any exchange telephone trunk line within the City
of Miami Beach, Florida, which automatic telephone dialing
alarm system is regulated to make telephonic connection with
any telephone line leased by the City of Miami Beach and instal-
led within any facility operated by the City of Miami Beach
Police Department.
SECTION 3. That Section 25-123 of Chapter 25 of the Code of the
City of Miami Beach is hereby created to read as
follows :
SECTION 25-123 : Same - Removal of unlawful system.
The supervisor, Communications Bureau, City of Miami
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
Beach Police Department, when he has knowledge of the unlawful
maintenance of an automatic telephone dialing alarm system,
installed or operated in violation of Section 25-122, shall
order the owner, operator or lessee to disconnect and cease
operation of the system within seventy-two (72) hours of
receipt of the order. Any automatic telephone dialing alarm
system installed prior to the effective date of this ordinance
shall be removed within thirty (30) days of such date. It shall
be unlawful for any person, natural, or corporate, to fail to
comply with any of the provisions of this section.
SECTION 4. That Section 25-124 of Chapter 25 of the Code of the
City of Miami Beach is hereby created to read as
follows :
SECTION 25-124 : Same - Civil liability.
The City of Miami Beach Police Department shall be
under no obligation to respond to any message or signal trans-
mitted in violation of Section 25-121 of this Code in Miami
Beach, Florida; the Miami Beach Police Department and its
officers, employees and agents, shall not be liable for any
failure to respond.
SECTION 5 . Penalty for violation of ordinance .
Violation of any provision of this ordinance shall
be punishable in accordance with the penalties provided in
section 1-8 of the Code of the City of Miami Beach, Florida.
SECTION 6 : All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 7 . This ordinance shall go into effect immediately
upon passage and posting as required by law.
PASSED and ADOPTED this 20th day of November , 1974.
M yor
Attest :
City Clerk
1st Reading - October 16, 1974
Passed and
Adopted - November 20, 1974
Posted - November 22, 1974
- 2 -
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 74-2013 entitled:
AN ORDINANCE CREATING SECTIONS 25-121 , 25-122, 25-123, AND 25-124
OF CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO
REGULATE AUTOMATIC TELEPHONE DIALING ALARM SYSTEMS ; PROVIDING
DEFINITION; PROHIBITING SPECIFIED ALARM SYSTEMS; PROVIDING FOR
THE REMOVAL OF THE UNLAWFUL SYSTEMS; PRESCRIBING CIVIL LIABILITY;
PROVIDING PENALTY FOR VIOLATION OF ORDINANCE; PROVIDING SEVERABILITY
CLAUSE, REPEAL CLAUSE, AND EFFECTIVE DATE.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 22nd day of November 1974,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
8th day of January , 1975.
c)2(
City
City Clerk
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