BIE - Alarm Services (07/05/2024)M IA M I B E A C H
City ot Miami Beach, 17OO Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickee wiams, Interim city Mana@er k[(_)
MEETING DATE: July 24, 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 GENERATE 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;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
D 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;
D The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement; or
D 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
Page2
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.
Ordinances - RS A
MIAMI BEACH
COMMISSION MEMORANDUM
T O : H ono rable M ayor and M em bers of the C ity C o m m ission
FR O M : C ity A tt orn ey R icardo J. D opico
D A T E :
T IT L E :
Jun e 26, 2024 10:10 a.m . Second R eading P ublic Hearing
A N O R D IN A N C E O F TH E M A Y O R A ND CITY CO M M IS S IO N O F THE CITY O F
MIAMI B E A C H , FLO R ID A , A M E N D IN G CH A P T E R 42 O F TH E CO D E O F MIAMI
B E A C H , E N T IT LE D "E M E R G E N C Y SE R V IC E S ," A RTIC LE 11, E NTITLED "ALARM
S Y S T E M S ," DIVISION 3, ENTITLED "B U R G LA R A LA R M S ," BY AM EN DING
S E C T IO N 42-85 T H E R E O F , E N TITLE D "R E Q UIR E D EQ U IP M ENT IN AN
IN TR U SI O N ALARM," TO R E Q U IR E C A LI B RA TIO N O F M O TIO N D ETEC TO R S
T H A T G E N E R A TE O U TD O O R SO U N D S O R V E R B A L RESPO NSE AND
P R O V ID IN G FO R R E P E A LE R , S E V E R A B ILI TY , C O D IF IC A TIO N , AND AN
E F F E C T IV E D A T E .
ANALYSIS
A t the req u est of the sponsor, C om m issioner K risten R osen G onzalez, this proposed ordinance
is prese nted to the M ayor and C ity C om m ission fo r your consideration on first reading. The item
w as re ferred to th e M arch 20, 2024 m eeting of the P ublic S afety and N eighborhood Q uality of Li fe
C om m itt ee , w here it w as discussed in concept and sent back to the C ity C om m ission w ith a
fa vorab le reco m m endation and instruction to the C ity A ttorn ey's O ffi ce to draft appro priate
le g islatio n .
B urgla r alarm s are utilized by m any residents of the C ity of M iam i B each as part of the overall
se curity fo r th e ir hom es and fam ilies. H ow ever, burglar alarm s som etim es activate as false alarm s
w he n no in trud er is present. M oreover, so m e burglar alarm s also em ploy outdoor m otion
detectors tha t em it a loud sound or verbal response w hen the m otion detector senses a potential
intrud e r on the propert y. Som e of these outdoor m otion detect ors are not calibrated by the alarm
use r to only activate and em it a loud sound or verbal response w hen an intruder is detected on
the pro perty , resulting in innocent passersby on the adjacent sidew alk, sw ale, or street being
start le d and frig htened by the loud sound or verbal response blaring from the alarm system .
If ado pted by the M ayor and C ity C om m ission, the pro posed ordinance w ould am end Section 42-
85 of the C ity 's burglar alarm ordinance to m itigate this unintended consequence of uncalibrated
m otio n sensors by requiring alarm users w ith outdoor m otion detectors to calibra te the sensors to
only activate a so und or verbal w arn ing if a person, anim al, or other anim ate object is actually
se nsed on the alarm user's propert y. If the alarm w ere to activate based on m otion off-pro perty,
such as m o tion on the adjacent sidew alk, sw ale, or street, this activation w ould be treated as a
fa lse ala rm and be punished in the sam e w ay as m ultiple fa lse alarm s.
F a lse ala rm fin e s are addressed in C ity C ode S ections 42-89 to 42-91. In sum m ary , an alarm
user is no t fine d or otherw ise punished fo r up to three false alarm s per registration year. After the
first three false alarm s, furt her false alarm s are subject to the fo llow ing fine schedule pursuant to
Se ctio n 42 -91 (a):
(1) For the fo urt h false burglar alarm in the user's registration period, by a fine of $50.00.
(2 ) For the fift h false burglar alarm in the user's registratio n period, by a fine of $100.00.
(3 ) Fo r the sixt h and each additio na l false burglar alarm in the use r's registration period, by a fine
of $200.00.
FIS C A L IM P A C T S T A T E M E N T
N /A
D o es this O rd in an c e req u ire a B u sin ess Im p act E stim ate? N o
(F O R O R D IN A N C E S O N L Y )
T he Bu sine ss Im p a ct Estim ate (B IE ) w as published on June 7, 2024. See BIE at:
htt ps://w w w .m iam ib e a chfl.g ov/city-hall/city-clerk/m eeting-notices/
A p p lic a b le A rea
C ityw id e
Is th is a "R e s id en ts R ig ht to K no w " item ,
purs u a nt to C ity C o d e S e cti o n 2-17 ?
Is this item related to a G .O . B o nd
P roject?
N o N o
W as th is A g en d a Item in itia lly req u ested by a lo b byist w hich, as defi ned in C o d e S ec. 2-4 81,
in c lu d e s a p rin c ip a l en g a g e d in lo b b yin g ? N o
If so , sp e cify the nam e of lobbyi st(s) and principal(s):
D e pa rt m e n t
C ity A tt orn ey
S p o ns o r(s )
C o m m issio ne r K risten R ose n G o nzalez
C o -sp o n s o r( s)
O R DI NA N C E N O . _
A N O R D IN A N C E O F T H E MA Y O R A N D C ITY
C O M M IS S IO N O F T H E C ITY O F M IAM I B E A C H ,
F L O R ID A , A M E N D IN G C H A P T E R 4 2 O F T H E C O D E O F
M IA M I B EA C H , E N T IT L E D "E M E R G E N C Y S E R V IC E S ,"
A R T IC L E 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
le i¥ *
DIVISION 3. - BURGLAR ALARMS
• k t
S ec. 42-8 5. - R eq ui red eq uipm ent in an intru sion 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 yerbal 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. REP EAL E R.
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.
I
I
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the d ay of 2 024.
P A S SE D A N D A D OP T E D this day of.2024.
A TT EST :
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Underline denotes additions
Strikethrough denotes deletions
APP R O VED A S T O
FORM & LANGUAGE
& FOR EXECUTION
Date