BIE - Emergency Services Alarm System (06/07/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickele wwams, Interim ciy Mana, (/
MEETING DATE: June 26, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF MIAMI BEACH, ENTITLED
"EMERGENCY SERVICES," ARTICLE II, ENTITLED "ALARM SYSTEMS," DIVISION 3,
ENTITLED "BURGLAR ALARMS," BY AMENDING SECTION 42-85 THEREOF, ENTITLED
"REQUIRED EQUIPMENT IN AN INTRUSION ALARM," TO REQUIRE CALIBRATION OF
MOTION DETECTORS THAT GENERA TE OUTDOOR SOUNDS OR VERBAL RESPONSE
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4 ), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
14. Additional comments: None.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Steven Mainer and Members of the City Commission
Rafael A. Paz, City Attorney t,P
FIRST READING
DATE: April 3, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE
CODE OF MIAMI BEACH, ENTITLED "EMERGENCY SERVICES,"
ARTICLE II, ENTITLED "ALARM SYSTEMS," DIVISION 3, ENTITLED
"BURGLAR ALARMS," BY AMENDING SECTION 42-85 THEREOF,
ENTITLED "REQUIRED EQUIPMENT IN AN INTRUSION ALARM," TO
REQUIRE CALIBRATION OF MOTION DETECTORS THAT GENERA TE
OUTDOOR SOUNDS OR VERBAL RESPONSE AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
At the request of the sponsor, Commissioner Kristen Rosen Gonzalez, this proposed
ordinance is presented to the Mayor and City Commission for your consideration on first
reading. The item was referred to the March 20, 2024 meeting of the Public Safety and
Neighborhood Quality of Life Committee, where it was discussed in concept and sent
back to the City Commission with a favorable recommendation and instruction to the City
Attorney's Office to draft appropriate legislation.
Burglar alarms are utilized by many residents of the City of Miami Beach as part of the
overall security for their homes and families. However, burglar alarms sometimes
activate as false alarms when no intruder is present. Moreover, some burglar alarms
also employ outdoor motion detectors that emit a loud sound or verbal response when
the motion detector senses a potential intruder on the property. Some of these outdoor
motion detectors are not calibrated by the alarm user to only activate and emit a loud
sound or verbal response when an intruder is detected on the property, resulting in
innocent passersby on the adjacent sidewalk, swale, or street being startled and
frightened by the loud sound or verbal response blaring from the alarm system.
If adopted by the Mayor and City Commission, the proposed ordinance would amend
Section 42-85 of the City's burglar alarm ordinance to mitigate this unintended
consequence of uncalibrated motion sensors by requiring alarm users with outdoor
motion detectors to calibrate the sensors to only activate a sound or verbal warning if a
Commission Memo
April3,2024
Page2
person, animal, or other animate object is actually sensed on the alarm user's property.
If the alarm were to activate based on motion off-property, such as motion on the
adjacent sidewalk, swale, or street, this activation would be treated as a false alarm and
be punished in the same way as multiple false alarms.
False alarm fines are addressed in City Code Sections 42-89 to 42-91. In summary, an
alarm user is not fined or otherwise punished for up to three false alarms per registration
year. After the first three false alarms, further false alarms are subject to the following
fine schedule pursuant to Section 42-91 (a):
(1) For the fourth false burglar alarm in the user's registration period, by a fine of
$50.00.
(2) For the fifth false burglar alarm in the user's registration period, by a fine of
$100.00.
(3) For the sixth and each additional false burglar alarm in the user's registration
period, by a fine of $200.00.
RAP/RFR/mmm
2
a.
ORDINANCE NO. _
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF
MIAMI BEACH, ENTITLED "EMERGENCY SERVICES,"
ARTICLE II, ENTITLED "ALARM SYSTEMS," DIVISION
3, ENTITLED "BURGLAR ALARMS," BY AMENDING
SECTION 42-85 THEREOF, ENTITLED "REQUIRED
EQUIPMENT IN AN INTRUSION ALARM," TO REQUIRE
CALIBRATION OF MOTION DETECTORS THAT
GENERATE OUTDOOR SOUNDS OR VERBAL
RESPONSE AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, burglar alarms are utilized by many residents of the City of Miami Beach as
part of the overall security for their homes and families; and
WHEREAS, burglar alarms sometimes activate as false alarms when no intruder is
present; and
WHEREAS, some burglar alarms also employ outdoor motion detectors that emit a loud
sound or verbal response when the motion detector senses a potential intruder on the property;
and
WHEREAS, some of these outdoor motion detectors are not calibrated by the alarm
user to only activate and emit a loud sound or verbal response when an intruder is detected on
the property, resulting in innocent passersby on the adjacent street or sidewalk being startled
and frightened by the loud sound or verbal response; and
WHEREAS, the Mayor and City Commission desire to amend the City's burglar alarm
regulations to mitigate this unintended consequence of uncalibrated motion sensors as set forth
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Sections 42-85 of the City Code shall be created as follows, and as
hereinafter set forth below:
CHAPTER42
EMERGENCY SERVICES
k le
DIVISION 3.- BURGLAR ALARMS
ye k
Sec. 42-85. - Required equipment in an intrusion alarm .
(a) An intrusion alarm user shall not use an intrusion alarm system unless that intrusion alarm
system is equipped with:
(1) A backup power supply that will automatically be activated in the event of power failure
or outage; and
(2) A device that automatically silences the alarm within 15 minutes after activation.
Within 18 months from April 12, 1997, alarm users shall be responsible to ensure that all
existing intrusion alarm systems are brought into compliance with subsections (1) and (2)
of this section. Intrusion alarms installed after April 2, 1997, shall comply with the
requirements of subsections (1)and (2) of this section before they can be activated in the
city.
(b) A residential intrusion alarm user shall not use an intrusion alarm system that utilizes an
outdoor motion sensor to activate an outdoor sound or verbal response to the presence
of intruders unless the motion sensor is calibrated to activate only if a person, animal or
animate object is detected on the property covered by the intrusion alarm, but not to
activate by passersby on the adjacent street, swale or sidewalk. The use of a motion
sensor initiated sound or verbal response that is activated by a person not on the property
shall be treated in the same manner as a violation of Section 42-86 (false alarms) and
subject to the provisions of Sections 42-89, 42-90 and 42-91 of this division.
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 Miami
Beach City Code. 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 day of2024.
PASSED AND ADOPTED this day of,2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Underline denotes additions
Strikethrough denotes deletions
APPROVED AS TO
FORM & LANGUAGE
&, FOR EXECUTION
Date