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Ordinance 83-2387 ORDINANCE NO. 83-2387 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR FEES TO BE ASSESSED AGAINST OWNERS OR LESSORS OR LESSEES OF REAL PROPERTY CONTAINING BUILDINGS, DWELLINGS , OR STRUCTURES WITH BURGLARY AND ROBBERY ALARM SYS- TEMS WHICH CAUSE CONSISTENT FALSE ALARMS REQUIRING RESPONSE BY THE CITY OF MIAMI BEACH POLICE DEPARTMENT; PROVIDING FOR THE ASSESSMENT OF A FEE AGAINST ANY PERSON OR BUSINESS WHICH OWNS , OPERATES OR LEASES A BURGLARY ALARM SYSTEM IN WHICH THE ALARM IS ACTIVATED FOR A PERIOD IN EXCESS OF ONE HOUR; PROVIDING FOR A FINE FOR NONPAYMENT OF FEES , WHICH FINE MAY CAUSE THE IM- POSITION OF A LIEN FOR NON-COMPLIANCE WITH THIS SECTION; PROVIDING FOR A REPEAL OF CONTRARY ORDINANCES; PROVIDING FOR SEVERABILITY; PROVID- ING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION AS SECTION 25-39.1 THROUGH 25- 39. 4 OF THE CODE OF THE CITY OF MIAMI BEACH. WHEREAS, within the City of Miami Beach, there are numerous burglary and robbery alarm systems which are privately owned and operated, and WHEREAS, repeated malfunctions and false alarms from these alarm systems are causing substantial misuse of the manpower and resources of the City of Miami Beach Police Department by causing the dispatch of police officers to the scene of false alarms, and WHEREAS, the false alarms are a threat to the safety of the residents of the City by taking police away from their normal duties and by removing police from patrol, which results in the police being occupied when there is a legitimate need for the police elsewhere, and WHEREAS, false alarms constitute a waste of economic resources of the City of Miami Beach resulting in an unjustified economic burden to the citizens of the City, and WHEREAS , the current high incidence of false alarms and misuse of said alarms have reached an excessive proportion, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 25 of the Code of the City of Miami Beach is hereby amended by the addition of the following Sections 25-39 .1, False Burglary and Robbery Alarms through 25-39. 4, Automatic Telephone Dialing Alarm Systems Prohibited. , -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 Section 25-39 .1. Same, Definitions. (A) As used in this Section, the term "false alarm" shall mean the activation of a burglary or robbery alarm by other than forced entry, attempted false entry, robbery in progress, attempted robbery, or any other crime of a fel- onious nature at a time when no burglary or robbery is be- ing committed or attempted on the premises . (B) "False alarms" do not include signals activated by unusual weather or atmospheric conditions or other causes identi- fied by the Chief of Police or his designee, which are deemed to be beyond the control of the user or security alarm dealer or caused by failures in the telephone sys- tem. (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 immediately give written notification to the Miami Beach Chief of Police of such installation, then the alarm user upon whose property such alarm has been installed will be given a ten (10) day grace period from the date of the installation to correct any malfunctions as a result of the installation. (D) As used in this section, the term "automatic telephone alarm system" shall mean any device which, when activated, automatically transmits by telephone a recorded alarm message or electronic or mechanical alarm signal to any telephone instrument installed in the police department and which is also referred to as an automatic telephone dialing device. (E) As used in this section, the term "alarm business" means the business of any individual, partnership, corporation or any other business entity engaged in selling, leas- ing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or in causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. An alarm business shall be a burglar alarm specialty electrical contractor which shall have, as a qualifying agent, a master burglar alarm technician with a valid Dade County certificate of competency. (F) As used in this section, "alarm system" means any assembly of mechanically or electrically arranged equipment to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police department is expected to respond, but does not include fire alarms or alarms installed in motor vehicles. (G) As used in this section, "alarm user" means the person, firm, partnership, corporation, association, company or 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 employees, agents and servants in control of any building, structure or dwelling or portion thereof , where-in an alarm system is maintained, if someone other than the owner or lessor occupies same at the time of the occurrence of the false alarm. Section 25-39. 2. Same. Responses to False Alarms. -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH.FLORIDA 33139 (A) A response for a false alarm shall be borne by an alarm user and shall result when any police officer is dis- patched to the scene of the activated alarm system deter- mines the alarm to be false, said officer shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user, at the address of said alarm system installation location, advising the alarm user of the false alarm. (B) The Chief of Police, or his designee, shall have the right to inspect any alarm system on the premises to which a re- sponse has been made and may cause the inspection of same to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this section. (C) If a police officer of the City of Miami Beach responds to any false alarm in the City, the City of Miami Beach shall charge the following regulatory fees to the alarm user , which fees shall be collected by the City Finance Direc- tor : (1) For the first, second and third response to a false alarm within ninety (90) days of the first response, no fee shall be assessed, but the person or business entity responsible for the false alarm shall take whatever corrective action necessary to insure that the third false alarm will be the last; (2) If a fourth response to a false alarm occurs within any ninety (90) day period, a fee of Twenty-five ($25.00) Dollars shall be assessed; for purposes of this sub-section and the next, the ninety (90) day period commences with every false alarm. (3) For each successive response to a false alarm after the fourth response within any ninety (90) day period, the fee assessed shall be as follows: Fifty ($50 . 00) Dollars for the fifth response and One Hundred ($100. 00) Dollars for the sixth response and for each successive response. In the event of any succeeding false alarm after the sixth response in a ninety (90) day period, the Chief of Police or his designee may order the disconnection of such alarm system until it is repaired. It shall be a violation of this section not to disconnect same when so directed. In order to obtain City approved reinstatement for an alarm system which is disconnected pursuant to this section, there must be submitted a letter to the Chief of Police from an alarm business that the alarm system is operating properly, and a Fifty ($50.00) Dollar reinstatement fee to be sent to the Finance Director . (4) Every alarm user who owns, operates, leases or is in control of an alarm system and who fails to turnoff or deactivate said system within one hour after being notified of its activation, whether said alarm is false or not, shall be assessed a fee of Twenty-five ($25 .00) Dollars per incident. -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH.FLORIDA 33139 Section 25-39 . 3. Same. Penalty. 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 to any other penalties provided by law, a fine not to exceed Five Hundred ($500 .00) Dollars may be imposed for each and every violation of this article. (A) In the event that an alarm user fails to pay any fine so imposed within thirty (30) days of its imposition 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 property on which the alarm system is located. Liens accrued as set out in this paragraph shall be of the same dignity as liens acquired by virtue of the City Charter . Section 25-39. 4. Automatic Telephone Dialing Alarm System Prohibited. (A) It shall be unlawful for any alarm business, natural or corporate, to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an automatic telephone dialing alarm system over any telephone lines used by the public to request emergency service from the City of Miami Beach Police Department. (B) The Chief of Police, or his designee, when he has knowl- edge of the unlawful maintenance of an automatic telephone dialing alarm system, installed or operated in violation of subsection (a) of this section, shall, in writing, order the alarm user to disconnect and cease operation of the system within seventy-two (72) hours of receipt of the order . (C) Any automatic telephone dialing system installed unlaw- fully, as set forth in subsection (a) hereof prior to the effective date as set forth in subsection (b) shall be removed within thirty (30) days of the order as contained in subsection (b) hereof . SECTION 2 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3 . If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. -4- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE •MIAMI BEACH,FLORIDA 33139 f SECTION 4 . This Ordinance shall take effect ten (10) days after its adoption on OrtnhPr 15th , 1983 . PASSED and ADOPTED this 5th day of October 1983 . MAYOR ATTEST: LLQ- .,,. CITY CLERK 1st Reading - September 7, 1983 2nd Reading - October 5 1983 (REQUESTED BY .COMMISSIONER SY EISENBERG) RESR/jhd 8313A FORM APPROVED LEGAL DEPT. By �� Date W:Sz1?. -5- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH.FLORIDA 33139 Cl) LH w / § \ J w o N o ) = o o@@ w 4 wR w & u w w w w o 0 & 03 w u 0 a q \ Cl) 01 \ ( \ \ \ 3 \ \ tewew e w / /cl \ \ \ 0 0 co„m / \ / \ U\ \ \ / \ \\ o \ N. c } 2 k \ 4-1 \ \ \ O \ $ \ o CO u / / \ \ ° 0 e e » w » o HI co 0 / % § 0 \ / 0 f § § § / 4 U ) o / \ \© ° Cl) \ w f / 4 \ o \ ° \ H ®A 2 CO o = o / / \ \ 4.4 \ \j4 / § j / j\ ( ?/ \ M \ \ \ /0 m w CO %Zomge 4 o \ LH; / 1 ® � / . / \ \ 0 E ° m gym & J •- H w o u o w \ ° \ ( / H ) / \ 0 / \ \ » » u o \ W J 0 4 % ) \ � a'Lkg \ \ \ o a m m Q m 0 n = wLHw w ,