Ordinance 2024-4621 ORDINANCE NO. 2024-4621
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:
CHAPTER 42
EMERGENCY SERVICES
* * *
DIVISION 3. — BURGLAR ALARMS
* * *
Sec. 42-85. - 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:
(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.
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 ordinanqe 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 G day of l4/,, , 2024.
PASSED AND ADOPTED this a* day of Tua-e , 2024.
ATTEST:
4000 Steven Meiner, Mayor
2a
— 3 2024
Rafael E. Granado, City Clerk BEq',,,
(Sponsored by Commissioner Kristen Rosen Gonzalez
,IH(ORP RATED)
CN•2...
,,,
Underline denotes additions '
Strikethrough denotes deletions
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
1ub — Q 1 z 112�,
City Attorney Date
Ordinances - R5 A
MIAMI BEACH
•
COMMISSION MEMORANDUM
PTO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 26, 2024 10:10 a.m. Second Reading Public Hearing
TITLE: 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.
ANALYSIS
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 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.
Page 1024 of 1862
(3) For the sixth and each additional false burglar alarm in the user's registration period, by a fine
of$200.00.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on June 7, 2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related.to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(sl
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
•
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