HomeMy WebLinkAboutO-10988/ 729260 5 10588
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 10948,
ADOPTED FEBRUARY 13, 1992, IN ITS ENTIRETY;
FURTHER AMENDING ARTICLE II, "BURGLARY AND
ROBBERY ALARMS" OF CHAPTER 3.5, "ALARM
SYSTEMS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY DELINEATING THE
QUALIFICATIONS OF BURGLAR ALARM SPECIALTY
ELECTRICAL CONTRACTORS; BY SETTING FORTH
PROVISIONS DEALING WITH FALSE ALARMS
INCLUDING THE INSTANCE WHERE A SYSTEM FOR
WHICH AN ALARM PERMIT HAS NOT BEEN ISSUED OR
HAS NOT BEEN RENEWED GENERATES A FALSE ALARM;
DELETING THE REQUIREMENTS OF INSPECTIONS BY
POLICE AND A LICENSED BURGLAR ALARM COMPANY
AS A CONDITION PRECEDENT TO REINSTATEMENT OF
THE ALARM PERMIT; MORE PARTICULARLY AMENDING
SECTIONS 3.5-22, 3.5-23 AND 3.5-29 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 10948 was adopted February 13, 1992
as an emergency measure; and
WHEREAS, after further review of said Ordinance, it has been
determined that the new measures provided therein failed to
adequately remedy certain administrative deficiencies in the
enforcement of the Burglary and Robbery Alarms provisions of the
City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 10948, adopted February 13,
1992, is hereby repealed in its entirety.
Section 2. Sections 3.5-22 and 3.5-23 of the Code of the
City of Miami, Florida, as amended, are hereby amended in the
following particulars:/
"Sec. 3.5-22. Definitions.
Unless it is apparent from the context that
another meaning is intended, the following words when
used in this article shall have the meanings attached
[attributed] to them by this section:
Alarm business means the business of any
individual, partnership, corporation or other entity
engaged in selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing
any alarm system or in causing any alarm system to be
sold, leased, maintained, serviced, repaired, altered,
replaced, moved or installed in or on any building,
structure or facility. An alarm business shall be a
burglar alarm specialty electrical contractor which
shall have, as a qualifying agent,
contractor. Dade County master electrician. State of
Florida alarm contractor. or State of Florida
electrical contractor_.
An alarm business shall have an
occupational license issued by the city.
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-2-
10988
"Sec. 3.5-23. Alarm user permits required; fee;
renewal-; enforcement provisions,
tct-y%Qj If a business has one (1) or more alarm
systems protecting two (2) or more separate structures
having different addresses, a separate permit will be
required for each structure.
fe�Lgj Subsections (b) through fd? %€_2 of this
section shall not apply in those situations where alarm
user permits have been revoked under section 3.5-29
hereof."
-3-
10088
Section 3. Section 3.5-29 of the Code of the City
of Miami, Florida, as amended, is hereby amended in the
following particulars:?,/
"Sec. 3.5-29. Fee assessuient for exterrm aser permtts.
False alarm service charges: enforcement
provisions.
(A) It is hereby found and determined that more
than five (5) false alarms within any permit year is
excessive and constitutes a public nuisance.
(B) The activation of six (6) or more false
alarms within a permit year will be handled according
to the following schedule:
(1) The sixth through eighth false alarms will be
billed a twenty-five dollar ($25.00) service
charge per occurrence which shall be considered a
bill owed by the alarm user to the city. Each
twenty-five dollar ($25.00) service charge
incurred for the sixth through eighth false alarms
at the premises described in the alarm user's
permit shall be paid within thirty (30) days from
date of receipt thereof. Failure to make payment
within thirty (30) days from date of receipt shall
result in a discontinuance of police response to
alarms that may occur at the premises described in
the alarm user's permit until payment is received.
(2) The ninth false alarm shall result in revocation
of the alarm user's permit in the following
manner:
(a) The alarm user shall be given ten (10) days'
advance written notification that the alarm
user's permit will be revoked, which written
notice shall set forth the reasons for such
revocation.
(b) The notice shall specify the specific date of
revocation, and that the police department
will discontinue responding to alarms that
occur at the premises described in the
revoked permit after the date of revocation.
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-4-
tc--�Ld). Reinstatement of the permit and police
service will be made upon receipt of a letter
from an alarm company licensed by-thE-city in
accordance with sec. 3-5.22 hereof. [to the
effect] that the alarm system is operating
properly and navment of a fifty dollar
($50.00) reinstatement fee. and all
outstanding service charges.
(3) The tenth false alarm shall result in a written
notification to the alarm user that upon
activation of the next false alarm the alarm
user's permit will be revoked.
(4) The eleventh false alarm shall result in
revocation of the alarm user's permit in the
manner described in paragraph {b-YS.$Z(2) hereof,
except that the fee for reinstatement shall be one
hundred dollars ($100.00).
(5) The twelfth false alarm shall result in a written
notification to the alarm user that upon
activation of the next false alarm the alarm
user's permit will be revoked.'
(6) The thirteenth false alarm shall result in
revocation of the alarm user's permit in the
manner described in paragraph fb-�iRI(2) hereof,
except that arr tuspeattan of the property by a;
the fee for reinstatement shall be
two hundred fifty dollars ($250.00).
(7) No action shall be taken by the city as a result
of the fourteenth false alarm.
(8) The fifteenth false alarm shall result in a
written notification to the alarm user that upon
activation of the next false alarm the alarm
user's permit will be revoked.
(9) The sixteenth false alarm shall result in
revocation of the alarm user's permit in the
manner described in paragraph f3T}5jjj(2) hereof,
-5-
10988
except that
the fee for reinstatement
shall be three hundred fifty dollars ($350.00).
(10) No action shall be taken by the city as a result
of the seventeenth and eighteenth false alarms.
(11) The nineteenth false alarm shall result in a
written notification to the alarm user that upon
activation of the next false alarm the alarm
user's permit will be revoked.
(12) On the twentieth and each subsequent false alarm,
the alarm user's permit shall be revoked in the
manner described in paragraph fb}Sal(2) hereof,
except that the fee for reinstatement shall be
five hundred dollars ($500.00)
(C) For the purposes of this section a permit
year will extend from October 1 to September 30 of the
following calendar year.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provision of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
May, 1992.
ME
10988
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 11tr day of June , 1992.
ATTE
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A: QTIZNN/JgNES, III
CITY ATT EY
JOB/kd/bss/osk/M885
-7-
VIER L. U EZ, AYOR
10988
CITY OF MIAMI. FLORIDA4
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members
of the City Commission
DATE �e ��, _ 4 '�92 FiLE
11 ,
$Uf3JECT :
Proposed Ordinance
Repealing Ordinance No. 1094E
Alarm Ordinance
FROM . Cesar H. 0 0RE}tRLNCES
City Manage
ENCLOSURES
• yl� 1
It is respectfully recommended that the City Commission adopt the
attached ordinance, as amended, revising those segments to
clarify and thereby remedy certain administrative deficiencies in
the enforcement of the Burglary and Robbery Alarms provision of
the City Code.
PYAWWW1111 . I•
Ordinance No. 10948, adopted on February 13, 1992, set forth
certain guidelines governing the Burglary and Robbery Alarm
Detail of the Miami. Police Department. Cue to ambiguities and
deficiencies, it is necessary that revisions be made to more
clearly dslineate the requirements of the citizens of the City of
Miami in procuring alarm permits and the provisions of the City
of Miami Police Department in the enforcement of the alarm
ordinance.
The modifications to the Burglary and Robbery Alarm Ordinance
will require computer progrananing changes to accommodate the new
fee structure for police response where no permit has been issued
or the permit has expired, as well as tracking the number of
alarms from a specific address for notification of permit
requirements and billing purposes.
It is therefore recommended that the amendments to the Burglary
and Robbery Alarm Ordinance take effect on October 1, 1992 in
order to insure that Compliance with the alarm ordinance does not
cause any undue hardship upon the citizens and enforcement of the
ordinance does not place liability upon the City of Miami.
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
ORDINANCE NO. 10988
in the ........... X. X....................... Court,
was published in said newspaper in the issues of
June 29, 1992
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade Co Florida, for a period of one year next preceding
the firs ub ation of the attached copy of advertisement; and
affian urt says that she has neither paid nor promised any
per , fir or corporation any discount, rebate, commission
or re n or the pur ose of securing this advertisement for
pubII a n in the sal newspaper..
Sworn to and subscribed before me this
29th . ly, of ........ ... .........I A.D. 19.92.. .
..... -
.AI.',v AKYc.�.:�Atr..........
(SEAL) A3 ACNES E. PENA !
Sookie Willia $' IQd"EC 172 �OF IIJRI
MY COMMISSION EXP. I-AuN. G,Rl4
CITY GA- MIAMI, FLORIDA
�L.EGAL NOTICE
All interested persons will take notice that on the 11th day of
June, 1992, the City Commission of Miami, Florida, adopted the
following titled ordinance's:
ORDINANCE Md. IONS
AN ORDINANCE AMENDING ORDINANCE NO, 10912,
ADOPTED ON SEPTEMBER 11, 1#91 WHICH ESTAB-
LISHED tNiTIAL RESOURCES AND INITIAL APPROPRIA-
TIONS FOR THE SPECIAL REVENUE FUND ENTITLED
"ASSET TRACKING," TO PROVIDE FOR AN INCREASE
IN THE AMOUNT OF $34,500 AS A RESULT OF A SUC-
CESSFUL APPLICATION FOR ADDITIONAL GRANT
FUNDS, AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT OF $34,500 FROU THE U.S.
DEPARTMENT OF JUSTICE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.100><7
AN ORDINANCE AMENDING ORDINANCE NO. 10913,
ADOPTED ON SEPTEMBER 11, 1991, WHICH ESTAB-
LISHED INITIAL RESOURCES AND INITIAL APPROPRIA-
TIONS FOR THE SPECIAL REVENUE FUND ENTITLED
"GEOGRAPHIC TARGETING PROGRAM," TO PROVIDE
FOR AN INCREASE IN THE AMOUNT OF $65,000 AS A
RESULT OF A SUCCESSFUL APPLICATION FOR ADDI-
TIONAL GRANT FUNDS, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT OF $65,00D FROM
THE U.S. DEPARTMENT OF JUSTICE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO 10Yl6
AN ORDINAINIffeffMFUUNG`ORDINANCE NO. 10945,
ADOPTED FEBRUARY 13;,1902,114 ITS ENTIRETY; FUR-
THER AMENDING ARTICLE N, BURGLARY AND ROB-
BERY ALARMS" OF CHAPTER 3o-1 `"ALARM "SYSTEMS"'
OF THE CODE OF THE CITY OF MIAMI; FLORIDA, AS
AMENDED, BY DELINEATING THE QUALIFICATIONS OF
BURGLAR ALARM SPECIALTY ELECTRICAL OONTRAC-
TORS; BY SETTING FORTH PROWSIQNS DEALING -WITH
FALSE:AtARMS_iWCLUDING THE INSTANCE WHERE A
SYSTEM FOR WHICH AN ALARM' PERMIT44AS NOT SEEN
ISSUED. OR HAS NOT BEEN RENEWED=GENERATES A
FALSE'ALARM; DELETING THE REQUIREMENTS OF
INSPECTIONS BY POLICE AND A LICENSED BURGLAR
ALARM COMPANY AS A CONDITION PRECEDENT TO
REINSTATEMENT OF THE ALARM PERMIT; MORE
PARTICULARLY AMENDING SECTIONS 3.5.22, 3.5.23 AND
3.5.29 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, CONTAINING A REPIEALER PROVISION,
SEVERAWLITY � CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.10089
AN ORDINANCE,' RELATING TO THE HOMELESS,
AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT, NOT TO EXCEED $45,000, FROM THE SPECIAL
REVENUE FUND ENTITLED "HOMELESS PROJECT,"
PROJECT NUMBER192001, INDEX CODE NUMBER
251001, AS THE CITY OF MIAMI'S MATCH TO METRO -
DATE COUNTY, TO PROVIDE BED$ AND SPECIALIZED
TREATMENT FOR HOMELESS INDIVIDUALS HAVING
SUBSTANCE ABUSE PROBLEMS; FURTHER, AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE ANY NECESSARY
AGREEMENTS WITH DADE COUNTY IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A.
REPEALER PROVISION AND A SEVERABILITY CLAUSE. J`
ORDINANCE NO. tam
AN ORDINANCE AMENDING CHAPTER 45.5, ENTITLED
"PUBLIC NUISANCE", OF THE, CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH PROVIDED -FOR
THE CREATION OF A NUISANCE- ABATEMENT BOARD
("BOARD"), AND SET FORTH ENFORCEMENT
PROCEDURES; PENALTIES, AND. CONDUCT OF HEAR-
INGS, SAID AMENDMENT DECREASING" FROM TWENTY
FOUR (24) MONTHS TO SIX (6) MONTHS, THE TIME
FRAM FOR NUISANCE COMPLAINTS; ESTABLISHING
AN ALTERNATIVE REQUHREMENT FOR•SEVEN
DOCUMENTED INSTANCES TO SUPPORT FINDINGS OF
PUBLIC NUISANCES IN LIEU OF A CERTIFIED CONVIC-
TION; ADDING REGULATIONS FOR.YOUTH GANG
RELATED NUISANCE ACTIVITIES; CI#ANGING THE -
BOARD MEMBERS' RMENTS TO INCL#PE.
RESIDENCY OR- BUSINE , OFFICE ,WITHIN TINE CITY
OF MIAMI; PROVIDING F614 THE TERMS OF CHAIR R-
SONS; ESTABLISHING REOU904ENTS OF AFFIRMATIVE
VOTES BY AT LEAST THREE (3) BOARD MEMBERS;
AUTHORIZING THE CLEW OF THE BOARD TO ADOPT
AND USE OFFICIAL SEAJL FOR CERTIFICATION OF`DOC-
UMENTS; PROViD" FOR THE USE OF INDEPENDENT
COUNSEL WITH COMB WW* APPROVAL TO DEFEND
THE CITY OF MIAfMI WHEN fi{E CITY ATTORNEY OR
THE DESIGNEE CITES =df*Y OWNED PROPERTY FOR `
ALLEGED NUISANCE ACTIVITY; DECREASING THE
NOTICEOF HEARING REQUMEMENT FROM TWHIV (31*
DAYS TO FIFTEEN (s) CAUIN60 DAYS; DECREASING
NOTICE VIA POSTING FORM TWENTY (2W DAYS PRIOR
TO THE HEARING TO TEN (10 DAYS PRIOR TO THE
HEARING; OBTABLISH114G THE CLEAR AND CONVINC-
IM STANDARD AS THE SUIRDEN OF PROOF; CLARIFY-
1146 THAT BOARD MAY 4*6CEE030, HEARING 1N
AO&CLMA &rs1aST"PA0PERTY OWNERS WHO FAILTO
67-o QIING FORJI► !tl
AW ORDINANCE_
ENTlTI�ED "��il
TIiIEEa" OF Th4E'•
Ul, ..3r;aB4
A
�rt
LITY CLAUSE, „
NO:1094y
CHAPTER 31, ARTICLE II,
OCCUPAtbDN1AL LICENSE
NE CITY OF WAMI, FLORi-
F*"a TH>` DEFINITION OF
kTtpN ANDPROVIDINGFOR
:VENT IS HELD IN A FACit
......f cnNTAKING A
A1dDPRO�ttdiNG FOFI AN EFFECTIVE DATE.
of
be Inspected by the public at the OMoffl day
Said oton"IcesmaY an Drive, Miami, Florida,
the, Cit Clerk, 3500- Pan Americ
throu9 Friday, e%otuding tvoiidays, between the hours of $00 a.rn•
an, 5:00 p.m.
MATTY HIRM
CITY CLERK. .
MIAMI, FLOAVOL
a -
) 9274.06,2962M
lit#ij of �iami
\1. 01
MATTY HIRAI 3
City Clerk ��.,..
y
ro.,r�°
July 29, 1992
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10988
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Gree ood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
llttg of �tami
A OF 1
MATTY HIRAI '3
City Clerk
July 29, 1992
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10988
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
----------- --------
DEPUTY CITY UC LERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
lSt#v of �i* ami
MATTY HIRAI
City Clerk
July 29, 1992
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10988
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
lj-tl�
BY: _ _______
DEPUTY_ CTTY U RK�
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360