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97-3078 ORD ORDINANCE NO. 97-3078 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING SECTIONS 25-39.1 THROUGH 25-39.3 OF MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS"; AND SUBSTITUTING THEREFORE A NEW SECTION 25-39.1 ENTITLED "BURGLAR ALARMS"; PROVIDING DEFINITIONS; REQUIRING ALARM USER REGISTRATION AND PERMIT; REQUIRING CERTAIN EQUIPMENT IN BURGLAR ALARM SYSTEMS; PROHIBITING FALSE INTRUSION ALARMS; PROVIDING FOR ENFORCEMENT; PROVIDING PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, within the City of Miami Beach, there are numerous burglar alarm systems which are privately- owned and operated, and WHEREAS, repeated malfunctions and false alarms from these systems cause 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 burglar alarms, and WHEREAS, false burglar alarms are a threat to the safety of the residents of the City by removing police from patrol duties and preventing police from responding to citizens with legitimate emergencies, and WHEREAS, false burglar alarms have resulted in over $400,000 worth of lost public safety services ,thereby causing an unjustified economic burden to the residents of the City, NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Sections 25-39.1 through 25-39.3 of Miami Beach City Code Chapter 25, entitled "Offenses-Miscellaneous" reading as follows, are hereby repealed in their entirety: See. 25 39.1. False burglary' and rob bel')' alarms Definitions. (a) As used in this section, the term "false alB:I'ft'i" shall mean the aeth:ation of a burglary or robbery: alarm by other than foreed entry, attempted false entl1', robbery in progress, attempted robbel1', or MiY other crime of a felonious nattlrt: at a time vihcn no burglary or robbery is bcing eommitted or attempted on the premIses. (b) "False alarms" do not inelude signals aetivated by unusUftl \veatfter or atmospherie eondition or other causcs identified by the ehiC[ of poliee or his dcsigftee, which are deemed to be beyond the eontrol of the user or security alarm dcaler or eauscd by failures in the tclephone system. (c) As used in this scction the tcrm "gmee period" shall mean that if any alarm business installing such a burglary or robbel1' alarm user notifies the police officer dispatehed to the seenc of the false alarm that the alarm s)"stem has been installed -.vithin the past thirty days, then the alarm user upon \vhose property such alarm has been installed will be given a thirty day grat:e period from the date of thc installation tD correet any malfunetiDns as a result of the installation. (d) As used in this section, the term "ftUtomatie telephone alarm system" shall mean 8ft)" deviec -.vhieh, -vr.ilcn acti-iated, fffitomatically transmits b:y telephone a reeorded alarm message or electronie or mechMiical alarm signal to any telephone instrument installed in the poliee department and \\ilieh is also referred to as an automatie telephone dialing deviee. (e) As used in this seetiem, the term "alarm business" means the business of MiY individual, partnership, corporation or any other business entity engaged in selling, leasing, maintaining, sel'Yieing, repairing, altering, replacing, nloving Dr installing an)' alarm system or in causing any alaml systcm to be seld, leased, maintained, serviced, repaired, altered, replaced, mO-ied or installed in or on any building, structurc or faeility. An alB:I'ft'i busiftcSS shall be a burglar alarm specialty cIectrical eontractor \vhich shall hft\'c, as a qualifying agent, a master burglar alarm teehniciMi viith a -,:alid Dade County certificate Df competeftey. (f) As used in this seetiDn, "alarm system" means any assembly of mechanically or electrically arranged eqtlipment to signal the occurrence of an illegal entry or other at:ti-jity requiring urgent attention and tD -i.ilieh the police department is expected to respond, but docs not indude fire alarm or alam1s installed in motor -iehieles. (g) As used in this sectiDn, "alarm user" means the person, trustee, firm, partnership, eorporation, association, eDmpany, or incorporatcd or unineorporatcd business entity ef MiY kind -.vhieh is the O\Vfier or lessor Df the real property containing a building, strueturc, or dwclling -",,'ith alarm s)'stems andler the lessee, occupant, ineluding the empleyees, agents and scrvants in control Df Mi)" building, stmcture or d.....elling Dr portion thercof, whercin an alarm system is maintained, if somcone other than the D'niner er lesser oeeupies same on er about the time of the oe:e:tnTenee of the falsc alarm. (h) As used in this section, the term annual period shall mean the yearly period of three hundred sixty five or three hundred sixty six days, as the ease may 2 be, commefteing on JftIlum . 1 a . lJ' an endIng on Deeember 31 f h o cae yeM'. See. 25 39 ~ 8 .. ame Resp6nses t6 flllse alarms. (a) A response for a false alMm shall result wheft a:ny poliee officer dis ateh a be bome by a:n alltl'fl.l user ana shaH system detelmines the alM'ffl to be f~ e . ato the he scenc of the aeti./ated alM'ffl alarm, a notifieation of v.hieh shall :e, sa\ :ffieer ~hall make a report of the fa13e address of said alarm system installati~n~:~a~i or cle_l.~v~red to the alarm user, at the ttlttmr. on, ad v ISlflg thc alarm user of the false (b) The ehief of policc or his d . """'" symm Oft the premises to ..:meh a re:Slgoee, shall ho.e the right to inspect IIftY m<pcetu", of same to be II1ftde Mllft . r p6ft3< has beeft made '"'" ftltlY eatlS< the It IS beiftg 1:lsed in eonfolmit," vf"ithYth e70nttbk/lf~c thcr~aftcr to detelmifte 'vvhether (e} If' e elmS 0 thIS sectIOn . a polIce officer of the Ci . ., . alarm. lfl the eit)., the City of Miami Beach t~ of MIamI Beach responds to ttft)" fa13e to the alttrm user, vv'hieh fees shall be eoll:et~~ ~h.~e t~c following regulatol')" fees (1) For the first seeond tho a ) t e eIt:r finftIlee dircctor: a:n B:rdtUalperiod, no fee sh~ll be as;ess~d ~ fourth response to a false alarm. within alarm sh.all take vf"hatever eorreetive acr' ut the alMm u~er responsible for the falsc alttrm vall bc last. IOn necessary to Insure that the fourth fa13c (2) For eaeh suceessi"e MI 1 . v respoftse afte th: :f; :':: perIOd, a fee of Iweftly five doll.... ($25 o~ he I 01H'lh respoftse withift llft OtIS subscetlOft the Mmual period . s a I be assessed; for purposes Dccember 31 of eaeh yeM' eommences eaeh Ja:nuM)-" 1 ftIld d . ~SM See. 25 39.3 Same Appeal. , penal~'; payment 6f e611eeti6n e6sts and att6 . ~ (a'. A h: rne) ees. } L" eM'ing officcr shall b . appca13 from alMm users Oft the . e f ftJ'pOlftted by the eity mftIlagcr t- he-- I" ISS"" 0 - ---h th h b v ~ ac Ivatea a false alM'ffl, as detelminea b _ vv ~ er t e alM'ffl system ift question of the activated alftfl1l ) the polIce offieer(s) clisRatehe..l t- ...L . r av~~M . (b) The alarm user shall h .. :- qliCstiOft is ..sessed, to reqoesl ift ";;Ie le1l ~aysfroftl the dote the folse ala.,,, fee IS appointed heM'ing officer. vv Ing a carIng from the city mftIlagcr bcfere (c) At the hearing --'hi h a . if ' vv c must be seh a 1 a ft)s om the date the request for samc is re '.. e u e tmd concluded v'iithift thirt - 10 prese~ <<ideoee llftd lestimoay. eel. ed, the a1ll1'ft1 .ser slmIl hove thc ri~ () The heanftg offieer shall mal -- . . 1:lser a:na the ehief of police 'vvithift t a ~e ~mttcft findings a'v"ailttblc to the alM'ffl coneluaea. en It) s rom the datc the heM'iftg is held a:nd n _ . (e) . L \. decision b)" the city ma:na fec vvhIch IS the subjeet of the h' ger, to uphold or to caned the fahe I CM'lflg must bc made withift ten davs ofthc a a:m J receIpt 3 of the above findings b)' the hearing offieer. (f) Until all of the steps set forth in the foregoing subseetions have been completed, the false alarm in question \vill be eonsidered to htf'v'c been genuine and 'vvill be eonsidered on the prima fade presumption thttt the ilYlolved alarm s)"stem is malfooetioning, (g) Absent an 8f'pcal being taken a3 pro-(ided for herein, should a violation of this seetion eontifttle past a reasonable time of thirty days for correetion, or should an alarm user fail to pay the fees assessed for a 'v'iolation vlithin thi~' days ohyhen due, in additions to MY other penaltics imposed by la-v.., a fine not to exceed fi'v'c hundred dollars may be imposed by the City ofMi8:mi Bcach Code Enforcement Board or by a court of eompetent jurisdiction for coch and e.ery 'v'ioltttion of this section, The alarm mer shall pay all eosts of eollcetion, including reasonable attorney fees incurred in the eollcction of false alarm fees, penalties and licns imposed by 'virtue of this eh8f'tcr. (h) In the e {ent the alarm user fails to pft) any fine or other penalty pro v ided by Itf'N so imp6sed "v'ithin thirty dft).s of its impositi6n then it shall result in a certified eop)' of the fine to be rccorded in the Public Records ofDadc C6tmty, Florida, Md thereafter shall constitute a licn against the real propertY' on v.hich the alarm system is located, Liens arising by 'v'irme of this paragmph shall hW'v'e thc same dignity as lien acquired b)' 'v'irtue of the City Charter. SECTION 2. That a new Miami Beach City Code Section 25-39.1 , entitled "Burglar Alarms" IS hereby enacted to read as follows: Section 25-39.1 Burglar Alarms L The pm:pose of this section is to place the responsibility on the alarm user to prevent. by use of appropriate mechanical. electrical. or other means. false burglary and robbery alarms. L Definitions. The following terms shall have the following meanings for pm:poses of this section: W- "Alarm user" shall mean the person or other entity that owns. possesses. controls. occupies. or manages any premises as defined below. .(hL "Intrusion alarm system" shall mean any assembly of equipment. mechanical 4 or electrical. arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the Police Department may reasonably be expected to respond. but does not include fire alarms or alarms installed in motor vehicles. If a fire alarm system is connected to an intrusion alarm system. this section shall not apply to false alarms that the alarm user proves were generated by the fire alarm portion of the system. .(Q "False intrusion alarm system" shall mean a signal from an intrusion alarm system that elicits a response by the police when no emergency or actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence. accident. mechanical failure. and electrical failure: signals activated intentionally in non-emergency situations: and. signals for which the actual cause of activation is unknown. It is a rebuttable presumption that an intrusion alarm is false if the responding police officer does not discover any evidence of unauthorized entry. criminal activity. or other emergency after following normal police procedures in investigating the incident. An alarm is not false if the alarm user proves that: L An individual activated the alarm based upon a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed: or L The alarm system was activated by lightning. thunderstorms. severe weather conditions. or an electrical surge that caused physical damage to the system. as evidenced by testimony of a licensed alarm system contractor who conducted an on-site inspection and personally observed the damage to the system. (dL "Premises" shall mean the building or structure or portion thereof upon which 5 an intrusion alarm system is installed or maintained. L Alarm registration and permit. After the date of the enactment of this Section. anyone having a new alarm shall pay a $50.00 Permit Fee to the City which shall be used to defray the cost of registration of the new alarm user(s) and other administrative costs associated with this program. Users who had intrusion alarms installed prior to the enactment of this Section shall pay the $50.00 permit fee during the month following enactment of this legislation. but by no later than September 30th. Permits shall be renewed annually during the month of January. The fee for renewal will be $10.00. Failure to pay the Permit Fee shall result in the termination of police response to intrusion alarms. The $10.00 renewal fee will be waived for all alarm users who have had no false intrusion alarms during the past 12 months. Before police response to any alarm is terminated under this section. the Police Department will notify the alarm user and the alarm monitoring company by certified mail. return receipt requested. The notification will inform the alarm user and the alarm monitoring company that the alarm is being operated in violation of this section and that police response to alarms will be terminated in 30 days unless the alarm is registered and the fee is paid. The alarm company that installs an alarm system. or the user of an alarm system not installed by a company. shall file the following information with the City of Miami Beach Police Department False Alarm Section within 48 hours of such installation. excluding weekends and holidays. For alarms existing before the enactment of this ordinance. alarm users must. within 60 days of enactment of this legislation. file a completed alarm registration/permit form with the Police Department. providing the following information: 6 Uti the names of individuals able and authorized to enter the premises and deactivate the alarm: au emergency telephone numbers by which those individuals can be reached at all times: (0 the name and telephone number of the alarm company that is monitoring the alarm system. if applicable: @ the name and telephone number of the alarm company that installed the system. if different from the monitoring entity: W the name and address of the alarm user. The alarm company or - where there is no alarm company - the user. must make certain that the information filed with the Police Department is current. Failure to update this information within five (5) working days of any change. excluding weekends and holidays. constitutes a violation of this section: ill whether the alarm is equipped with a backup power supply that will automatically be activated in the event of a power failure: (g) whether the alarm is equipped with a device that automatically silences the alarm within fifteen (15) minutes after activation. ill Required Equipment in an Intrusion Alarm. An intrusion alarm user shall not use an intrusion alarm system unless that intrusion alarm system is equipped with: Uti a backup power supply that will automatically be activated in the event of power failure or outage: and 7 Dll a device that automatically silences the alarm within fifteen (15) minutes after activation. Within (18) months from the effective date of this section. alarm users shall be responsible to ensure that all existin~ intrusion alarm systems are brou~ht into compliance with para~raphs 4(a) and 4(b) above. Intrusion alarms installed after the enactment of this le~islation shall comply with the requirements of 4(a) & 4(b) before they can be activated in the City of Miami Beach. 2:. Cancellin~ False Intrusion Alarm Calls. Alarm monitorin~ companies shall in all cases attempt to verify that any activated alarm is not false. They shall. within 10 minutes of the alarm activation. notify the Miami Beach Police Department to cancel a police response to alarm calls that they have determined false as defined in 2( c). The Police Department will cancel the police response only under the followin~ conditions: W the Police Department received notification prior to the officer's arrival at the alarm location: (h). the alarm is not a panic alarm. 6. False Intrusion Alarms Prohibited. Each false intrusion alarm after the third in any dynamic twelve (12) month period shall be a violation. 7. Penalties. Each violation of this section shall be punished as follows: W For a first violation. a fine of fifty dollars ($50.00): 8 au For every subsequent violation. a fine of one-hundred dollars ($100.00) will be assessed for each alarm: W Upon the seventh violation in a twelve (12) month dynamic period. the police will SUSPEND response to the location for the remainder of the twelve-month period. The user will be notified by certified mail. return receipt requested. that (30) calendar days from the receipt of the notification letter. the Police Department will suspend response to the user's location. 1.. If an appeal is filed by the alarm user or alarm company pursuant to 7(c). service shall not be suspended until after the appeal is heard pursuant to Section 9. @ 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 (24) period. W For each violation of section 5. the alarm monitorin~ company shall be fined one hundred dollars ($100.00). B.:. Initial Review. Upon review of any False Alarm Wamin~ Notice. False Alarm Notice of Assessment. or Alarm Subscriber Permit Wamin~ from the City. the alarm user shall have (15) days from the date the notice was postmarked to request an initial review of the facts. The alarm user will be required to submit the request for review in writin~ to the False Alarm Section. The request must include the specific defenses. as defined in the False Alarm Ordinance. why the activation occurred. and what actions have been taken to eliminate the cause. All such requests shall be mailed. or hand delivered to the Miami Beach Police Department False Alarm Section. 1100 W ashin~ton Avenue. Miami Beach Florida. 33139. 9 Within 10 working days of receipt of the Request for Review. the False Alarm Section will review the information provided by the alarm user and determine if the defense is one allowed by ordinance. If it is. the user will be sent a Police Review Letter indicating that the alarm meets the exception criteria under this ordinance and that the alarm will be removed from the user's record as a false alarm incident. If the defense provided is one not allowed by the ordinance. the alarm user will be sent a Police Review letter indicating that the documentation provided does not contain reasons allowed under the ordinance and that the alarm will remain a false alarm as part of the alarm user's record. In this case the Police Review Letter will also provide the alarm user with information on how and where to appeal. 9. Appeals. W A hearing officer(s) shall be appointed by the City Manager to hear appeals from alarm users/alarm monitoring companies. In this section. "alarm user" and "alarm monitoring company" shall be used interchangeably and shall apply to both. .au Upon receipt of a Police Review Letter indicating that the alarm will remain a false alarm as part of the alarm user's record. the alarm user shall have (15) days from the date the notice was postmarked to request a hearing. in writing. All such requests shall be mailed or hand-delivered to the Miami Beach City Hall. 1700 Convention Center Drive. Attention City Clerk's Office. Miami Beach Florida 33139. The City Clerk shall notify the Police Department of the request for hearing on the next working day following receipt of same. W All requests for hearings must be accompanied by a filing bond of $75.00 in cash. money order. or certified check. for each alarm disputed. This bond will be returned to the 10 user if the hearing officer rules in his/her favor. @ At the hearing. which shall take place within (15) days from the date the request was received. the alarm user shall have the right to present evidence and testimony. Within (10) days of the hearing. the hearing officer shall make written findings available to the alarm user and the Chief of Police. lQ.. Notification of False Alarms. It is the responsibility of each alarm user to monitor the occurrences of false alarms on its premises. The City shall notify the alarm user within (15) days of each false alarm occurrence. Such notice shall be provided by posting a notice on the premises: or by mailing notice to the alarm user. lL. Limitation to Police Response. W Police are not required to respond: L To intrusion alarms at locations where seven (7) or more substantial false alarms occurred in a dynamic twelve (12) month period unless the provisions of section 9 are complied with: 2. To intrusion alarms at locations where an intrusion alarm fine was not paid within sixty (60) days of a notice of violation unless the provisions of paragraph 9 are complied with: 1:. To locations where required alarm registration information was not filed within sixty (60) days of a notice of violation for failure to file alarm information. au Nothing herein shall: 11 1.:. Preclude the Police Department from respondin~ to panic or ambush alarm si~nals. calls describin~ emer~encies or crimes in pro~ress. or routine calls for service: 2. Limit the Police Department from issuin~ a notice of violation for alarms in violation of this ordinance: .1. Be construed to create a duty to respond in any circumstances where such a duty does not exist pursuant to the statutory or common law of Florida. (0 A notice that police response will be discontinued. for any of the above reasons. will accompany a notice of violation and will be posted at the affected location. or be sent to the user by certified mail. return receipt requested. at least thirty (30)days prior to discontinuin~ servIce. @ Police response will continue while an appeal is pendin~ under para~raph 9. W Restoration of police response to bur~lar alarms. In order to restore police response to bur~lar alarms at terminated locations. the alarm user must: 1.:. When police response had been discontinued pursuant to 1 1 (a)!. submit a letter or written report from a licensed alarm company certifyin~ that the alarm system is workin~ properly. and pay all outstandin~ bur~lar alarm ordinance fines: 2. When police response had been discontinued pursuant to 11(a)2. pay all outstandin~ bur~lar alarm ordinance fines: .1. When police response has been discontinued pursuant to 11(a)3. submit completed alarm registration information to the Police Department and pay all outstandin~ bur~lar alarm ordinance fines. 12 .lb. Enforcement. This section shall be enforced by the Police Department of the City of Miami Beach. Florida. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the 12thday of April ,1997. PASSED AND ADOPTED this 2nd day of April ATTEST: (' ...';. (' t ( j APPROVED AS TO V FORM & lANGUAGE & FOR EXECunON (20 WAr ~aA~ CITY CLERK 1st reading 3/19/97 2nd reading 4/2/97 13 , , :4(p CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~ '3"2.- ~7 TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 2, 1997 SUBJECT: AN ORDINANCE F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING SECTIONS 25-39.1 THROUGH 25-39.3 OF MIAMI BEACH CODE CHAPTER 25, ENTITLED "OFFENSES - MISCELLANEOUS"; AND SUBSTITUTING THEREFORE A NEW SECTION 25-39.1 ENTITLED "BURGLAR ALARMS"; PROVIDING DEFINITIONS; REQUIRING ALARM USER REGISTRATION AND PERMIT; REQUIRING CERTAIN EQUIPMENT IN BURGLAR ALARM SYSTEMS; PROHIBITING FALSE INTRUSION ALARMS; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. FROM: Jose Garcia-Pedrosa City Manager ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND This Ordinance was adopted passed on first reading on March 19, 1997 by the Mayor and City Commission. The Police Department conducted a study with regard to the use of alarms in the city. The study focused on the number of false alarms that occur in the city, the police officers time that is spent answering these false alarms, and the monetary loss suffered by the city as a result of responding to false alarms. A copy of the study is attached. The problem of false alarms has become so acute on a nationwide basis that the International Association of Chiefs of Police has noted that "One of law enforcement greatest concerns over the past decade has been the overwhelming number of false alarms, which are demanding increasing amounts of time from our nation's officers." The Police Department conducted a very thorough analysis of the problem. The analysis included a study of all alarm calls, their cost to the city, their impact on other service and emergency calls, and a review of other jurisdictions' responses to this problem. AGENDA ITEM R'5~ ~-2-q7 DATE COMMISSION MEMORANDUM Page 2 Highlights from the study include such facts as: * 99.43% of all alarms are false * False alarm calls increased 35% between 1990 and 1996 * False alarms accounted for 14% of all incoming calls The city is spending over $400,000 annually in responding to false alarms. The police department has concluded that Section 25-39 of the Code of the City of Miami Beach should be amended in order to provide a more efficient service to the community we serve. The new ordinance: * Requires a permit fee prior to installation; * Requires that the alarm be approved, have a back-up power supply, and a device that silences the alarm after 15 minutes of operation; * Requires all alarm locations be registered with the police department. The registration information must include emergency contact information for the alarm site and the monitoring company; * Requires that the monitoring company verify the alarm before it is called into the police department; and * Restructures the false alarm fee schedule to be consistent with schedules found throughout neighboring cities in Dade County. This revision of the ordinance was referred to the Capital Improvements/Finance Committee by the Mayor and the City Commission on September 25, 1996. On October 10, 1996, the Capital Improvements/Finance Committee met and approved the amendment. CONCLUSION This amendment to the existing ordinance will benefit the citizens of Miami Beach by reducing the number of responding to false alarms and thus providing more efficient service to the community they serve. JGP!RB~/SDRlMS/Jed qv