Ordinance 97-3078ORDINANCE 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
PENALTIES; 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 MAYOR 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entitled "Offenses -Miscellaneous" reading as follows, are hereby repealed in their entirety:
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(a) As uscd in this scction, thc term "false alarm" shall mean the
premises-
(b) "Falsc alarms" do not includc signals activated by unusual weather or
dealer or caused by failures in thc tcicphonc system.
(c) As uscd in this section thc term "gracc period" shall mcan that if any
(d) As used in this scction, thc term "automatic tcicphonc alarm system"
nd which is also rcfcrrcd to as an
(c) As uscd in this section, thc term "alarm business" mcans thc business
selling, leasing, maintaining, scrvicing, repairing, altering, rcplacing, moving or
installing any alarm systcm or in causing any alarm systcm to be sold, leased,
(fl As uscd in this section, "alarm system" mcans any assembly of
vehicles-
(g)
As used in this scction, "alarm uscr" means the person, trustee, firm,
occurrcncc of the falsc alarm.
(h) As uscd in this section, thc term annual period shall mcan thc yearly
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be, commencing on January 1 and ending on Dcccmbcr 31 of cach year.
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(a) A rcsponsc for a false alarm shall be bornc by an alarm uscr and shall
result when any policc officer dispatchcd to thc he sccnc of thc activated alarm
alarm.
(b) Thc chief of police, or his dcsigncc, shall have thc right to inspect any
(c) If a policc officer of the City of Miami Bcach responds to any false
(1) For thc first, second, third and fourth rcsponsc to a falsc alarm within
alarm will be last
(2) For cach successive response after the fourth rcsponsc within an
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of this subsection thc annual period commences cach January 1 and cnds on
Dcccmbcr 31 of cach year.
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(a) A hearing offteer shall be appointed by thc city managcr to hear
o fthc activated ,.lar
(b) Thc alarm user shall have ten days from thc date the falsc alarm fee
(c) At the hcaring, which must be scheduled and concludcd within thirty
(d) Thc hcaring officer shall mala writtcn findings available to the alarm
(c) A dccision by thc city mater, to uphold or to cancel thc false alarm
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(f) Until all of the steps set forth in thc foregoing subscctions have bccn
(g) Abscnt an appeal being taken as provided for herein, should a
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section. The alarm user shall pay all costs of collection, including reasonable
attorney fccs incurred in the collection of false alarm fccs, penalties and liens
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(h) In thc event thc alarm user fails to pay any fine or othcr penalty
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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 purpose 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.
22. Definitions. The following terms shall have the following meanings for purposes
of this section:
Cal "Alarm user" shall mean the person or other entity that owns, possesses,
controls, occupies, or manages any premises as defined below.
(b) "Intrusion alarm system" shall mean any assembly of equipment, mechanical
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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.
"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
2_ 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.
(d) "Premises" shall mean the building or structure or portion thereof upon which
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an intrusion alarm system is installed or maintained.
3. 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 he 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:
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the names of individuals able and authorized to enter the premises and
deactivate the alarm;
(b) emergency telephone numbers by which those individuals can be reached at
all times;
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;
CO 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;
Lf 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.
!_4_1 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:
Cal a backup power supply that will automatically be activated in the event of
power failure or outage; and
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Ll a device that automatically silences the alarm within fifteen (15) minutes atter
activation.
Within (18) months from the effective date of this section, alarm users shall be responsible
to ensure that all existing intrusion alarm systems are brought into compliance with
paragraphs 4(a) and 4(b) above. Intrusion alarms installed after the enactment of this
legislation shall comply with the requirements of 4(a) & 4(b) before they can be activated
in the City of Miami Beach.
5. Cancelling False Intrusion Alarm Calls.
Alarm monitoring 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
following conditions:
the Police Department received notification prior to the officer's arrival at the
alarm location;
(b) 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 he
a violation.
7. Penalties.
Each violation of this section shall he punished as follows:
)a,) For a first violation, a fine of fifty dollars ($50.00);
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(b) For every subsequent violation, a fine of one -hundred dollars ($100.00) NA ill
be assessed for each alarm.,
( 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.
l . 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.
(d) 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.
fie) For each violation of section 5, the alarm monitoring company shall be fined
one hundred dollars ($100.00).
8. Initial Review.
Upon review of any False Alarm Warning Notice, False Alarm Notice of Assessment or
Alarm Subscriber Permit Warning 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 he required to submit the request for review in writing 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 he mailed, or hand delivered to the Miami Beach Police Department False
Alarm Section, 1100 Washington Avenue, Miami Beach Florida, 33139.
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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.
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.
ilpon 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 Citv 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.
Lc� All requests for hearings must be accompanied by a filing bond of 575.00 in cash,
money order, or certified check, for each alarm disputed. This bond will be returned to the
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user if the hearing officer rules in his/her favor.
(d) 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.
10. 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.
11. Limitation to Police Response.
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;
3. 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.
0) Nothing herein shall:
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1. Preclude the Police Department from responding to panic or ambush alarm
signals calls describing emergencies or crimes in progress, or routine calls
for service;
2. Limit the Police Department from issuing a notice of violation for alarms in
violation of this ordinance;
3. 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.
() 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 discontinuing
service.
j) Police response will continue while an appeal is pending under paragraph 9.
Lei Restoration of police response to burglar alarms. In order to restore police response
to burglar alarms at terminated locations, the alarm user must:
1. When police response had been discontinued pursuant to 11(a)1, submit a
letter or written report from a licensed alarm company certifying that the
alarm system is working properly, and pav all outstanding burglar alarm
ordinance fines;
2. When police response had been discontinued pursuant to 11(a)2, pay all
outstanding burglar alarm ordinance fines;
3. When police response has been discontinued pursuant to 11(a)3, submit
completed alarm registration information to the Police Department and pav
all outstanding burglar alarm ordinance fines.
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12� 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 , 1997
ATTEST:
R. (AAA- -,90„,ct,
CITY CLERK
1st reading 3/19/97
2nd reading 4/2/97
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MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR ETON
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\'.ci. m iam i-beach.fl. us
COMMISSION MEMORANDUM NO. 232-1-7
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
DATE: April 2, 1997
SUBJECT: AN ORDINANCE 1 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.
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 RC
DATE 42-7 !
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.
/SDR/MS/led
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