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Ordinance 89-2667 ORDINANCE NO. 89-2667 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING SECTION 25-39.2 OF THE CITY OF MIAMI BEACH CODE ENTITLED "RESPONSES TO FALSE ALARMS", SPECIFICALLY PARAGRAPHS C(1) AND (2) BY CHANGING NON- ASSESSABLE RESPONSES TO FALSE ALARMS FROM FIVE TO FOUR ANNUALLY; PROVIDING FOR A $25.00 FEE PER RESPONSE AFTER THE FOURTH FALSE ALARM RESPONSE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Amending Section 25-39 . 2 of the City of Miami Beach Code entitled "Responses to False Alarms" , specifically paragraphs C(1) and C(2) . The above referenced section of the City of Miami Beach Code shall be amended to read as follows: SECTION 25-39 . 2 RESPONSES TO FALSE ALARMS (a) A response for a false alarm shall be borne by an alarm user and shall result when any police officer dispatched to the scene of the activated alarm system determines 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 response 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 director: (1) For the first, second, third, and fourth and fifth response to a false alarm within an annual period, no fee shall be assessed, but the alarm user responsible for the false alarm shall take whatever corrective action necessary to insure that the fourth fifth false alarm will be the last. (2) For each successive response after the fourth fifth response within an annual period, a fee of twenty-five dollars ($25. 00) shall be assessed; for purposes of this subsection the annual period commences each January 1 and ends on December 31 of each year. 1 Section 2 . SEVERABILITY. If any section, sentence, clause 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 affect the validity of the remaining portion of this Ordinance. Section 3. REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. Section 4. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption on the 14th day of October , 19 89 . PASSED and ADOPTED this 4th day of October , 19 89 . i/ef 0°F 41( It.. . le MAYOR ATTEST: CITY CLERK FORM APPROVED: C 2e` - - LEGAL DEPARTMENT DATE: 07/40 HD/mml Words in Struck through type are deletions. Words in underscore are additions. 1st reading 9/20/89 2nd reading 10/4/89 2 LH O a) a) O a 1 rA r-I O U) AU) ,04..) � o co .o .0 a) Cd U) a) • w CV •H U) 1 C) Cd bO N •H N G 0 Cd U) L1 4i .0 U) Cd Cd E Cd d • .1-) N a l O O O !Y+ 1"+ Z 0 r1 C w C ° v 1Z—� cam.) c.1 a) C b0 E a0 ((-y •rU4 Cd $.4Z (4, b0r- a) O H 1 .1-J •r-I Cd Cd •rl 1.1 N v CU CDC.1.) 0 cd O f:).• C1 U) s~ a) w r-1 a a) o `d ›, Id Cl) ••-iO 0 4-1 ••• 0 a1 +1 C O CI) +°.i ri cn o rn u cd a) a bOdrI d Ca a) 00 a) C as <0 Cd Cr) C H •r-I CO Cd cd d •rI a) o a O U) .. a N 1 a) CO •rl I (1) 0 O r{ 4-4 t- Cd