HomeMy WebLinkAboutItem #37 - First Reading OrdinanceV
S. 'i
-4-90-744
9/7/90
7 , 7 7777777 7777,77, 779 _-Z
ORDINANCE NO.
AN ORDINANCE RELATED TO BURGLARY AND ROBBERY
ALARMS; AMENDING ARTICLE 11, "BURGLARY AND
ROMERY ALARMS" OF CHAPTER 3.5t "ALARM
SYSTEMS" OF THE CITY CODE OF THE CITY OF
MIAMIt FLORIDA, AS AMENDED,: PROVIDING THAT
ALL ENFORCEMENT MEASURES AND REMEDIES FOR
VIOLATIONS OF SAID ARTICLE ARE DEEMED TO BE
CUMULATIVE IN NATURE; REDEFINING THE TERM
"ALARM USER"; DELETING THEREFROM AN OBSOLETE
REQUIREMENT OF OBTAINING A CERTIFICATE FROM A
FEDERAL AGENCY AND ADDING A REQUIREMENT THAT
A MASTER BURGLAR ALARM TECHNICIAN HAVE
HIS/HER FINGERPRINTS AND PHOTOGRAPH ON FILE
WITH EITHER METRO-DADE COUNTY OR THE MIAMI
POLICE DEPARTMENT; DELINEATING THE
QUALIFICATIONS OF A BURGLAR ALARM SPECIALTY
ELECTRICAL CONTRACTOR; DEFINING THE TERM
"BACKUP POWER SUPPLY"; AND BY SETTING FORTH
SERVICE CHARGES AND LIEN PROVISIONS DEALING
WITH FALSE ALARMS AND ADDING A REQUIREMENT
THAT PROOF BE SUBMITTED THAT AN APPLICATION
FOR AN ALARM USER PERMIT HAS BEEN FILED
BEFORE THE ISSUANCE OF AN ELECTRICAL PERMIT
FOR THE INSTALLATION OF AN ALARM SYSTEM;
REQUIRING THAT AN ACTIVATED ANNUNCIATOR BE
SILENCED WITHIN THIRTY (30) MINUTES FROM THE
TIME THE CITY PLACES A PHONE CALL TO THE
EMERGENCY TELEPHONE NUMBER SHOWN ON THE
PERMIT APPLICATION; SETTING FORTH THE
PROCEDURES TO BE FOLLOWED IN CONNECTION WITH
FALSE ALARMS INCLUDING THE INSTANCE WHERE AN
ALARM SYSTEM FOR WHICH NO ALARM PERMIT HAS
BEEN ISSUED GENERATES A FALSE ALARM AND
SETTING FORTH PROCEDURES IN CONNECTION WITH
IMPOSITION AND COLLECTION OF SERVICE CHARGES
AS CONTAINED IN SAID ARTICLE; SPECIFICALLY
AMENDING SECTIONS 3.5-21, 3.5-22t 3.5-23,
3.5-24t 3.5-25, 3.5-26t 3.5-27 AND 3.5-28;
FURTHER REPEALING SECTION 3.5-29 IN ITS
ENTIRETY AND SUBSTITUTING NEW PROVISIONS
THEREFOR; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the City established an annual alarm . permit
system to help defray
defray administrative a personnel
poce response to se Z�
resulting fro ifalse and � (
costs
p rWHE S,, he improper A ion and maintenance
iv a; ms in th Ci r u to in a greater proportion
being
al i the Police Department of the City
s
_
/ems
J-00-744
RDINANCE NO.
AN 0 INANCE RELATED TO BURGLARY AND ROBBERY
AMENDING ARTICLE 11 "B'UROLARY AND
ROBBE ALARMS" OF CHAPTER 3.5, "ALARM
SYSTE OF THE CITY CODE OF THE CITY OF
MIAMI, LORIDA, AS AMENDED; PROVIDING THAT
ALL LN RCEMENT MEASURES AND REMEDIES FOR
t
VIOLATIO OF- SAID ARTICLE ARE DEEMED TO BE
CUMULATI IN NATURE; REDEFINING THE TERM
"ALARM US "; DELETING THEREFROM AN OBSOLETE
REQUIREMEN Or -OBTAINING A CERTIFICATE FROM A
FEDERAL AGE CY AND ADDING A REQUIREMENT THAT
A MASTER URGLAR ALARM TECHNICIAN HAVE
HIS/HER PING RPRINTS AND PHOTOGRAPH ON FILE
WITH EITHER TRO-DADE COUNTY OR THE MIAMI
POLICE DEP TMENT; DELINEATING THE
QUALIFICATIONS OF A BURGLAR ALARM SPECIALTY
ELECTRICAL ON RACTOR; DEFINING THE TERM
"BACKUP POWER S PLY"; AND BY SETTING FORTH
SERVICE CHARGES D LIEN PROVISIONS DEALING
WITH FALSE AND ADDING A REQUIREMENT
THAT PROOF BE SUB ITTED THAT AN APPLICATION
FOR AN ALARM USE PERMIT HAS BEEN FILED
-
BEFORE THE ISSUANC OF AN ELECTRICAL PERMIT
FOR THE INSTALLATI OF AN ALARM SYSTEM;
REQUIRING THAT AN A TIVATED ANNUNCIATOR BE
SILENCED WITHIN THIR (30) MINUTES FROM THE
TIME THE CITY PLACES A PHONE CALL TO THE
EMERGENCY TELEPHONE ER SHOWN ON THE
PERMIT APPLICATION; ETTING FORTH THE
PROCEDURES TO BE FOLLOWE IN CONNECTION WITH
FALSE ALARMS INCLUDING T INSTANCE WHERE AN
ALARM SYSTEM FOR WHICH N ALARM PERMIT HAS
BEEN ISSUED GENERATES A FALSE ALARM AND
SETTING FORTH PROCEDURES I CONNECTION WITH
IMPOSITION AND COLLECTION 0 SERVICE CHARGES
AS CONTAINED IN SAID ARTIC ; SPECIFICALLY
AMENDING SECTIONS 3.5-21, .5-22, 3.5-231
3.5-24, 3.5-25, 3.5-26, 3.5- 7 AND 3.5-28;
FURTHER REPEALING SECTION 3 5-29 IN ITS
ENTIRETY AND SUBSTITUTING N PROVISIONS
THEREFOR; CONTAINING A REPEALER R0 ISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the City established an annua�
system to help defray administrative and
resulting from police response to false alarms;
WHEREAS, the improper installation and
alarm permit fee
personnel costs
of
private systems in the City results in a greater )proportion of
false alarms being called into the Police Department\of the City
of Miami; and
a
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Es ��r _
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tho ability of the Police Department to respond t+�
�
genuine emergencies is affected by the diversion of resources and
x�
Porto 1. to
answering false alarms . by private alarm systww j an
F a
WURW
the City Commission of the City of Miami fines that
false alarms
by private systems constitute a public nuisance;
Y�
HOWt TMSRRFOREt BE IT ORDAINED By THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
section 1. Sections
3.5-21, 3.5-22, 3.5-23, 3.5-24 r 3.,5-25 r
3.5-26, 3.5-27 and 3.5-28
Florida, as amended, are
particulars: l/
"Sec. 3.5-21. Title;
JAI This article shall be known as the
rd s andoro
"Burglary and Robbery Alarm Ordinance."
(b)_ Upon conviction in the County -Court. an!
person violating the 2royiis_ions of this article shall
=r
be subject to punishment as provided in City_ Code
Sect12n _1-6. Such conviction shall not release or
excuse such 2erson from paying any fee$ or charae� due
-
t
under the provisions of this article at the time of
such conviction. All remedi2g for violations of the
article shall be cumulative and the use of one -or more
remedies by the city shall not bar the city'a use of
,any ether remedy and shall not prevent the city from
taking, whatever enforgement measures are de2Med
,Aggronri� ate by the city including civil actions."
"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 meaning attached
tattributedl ascribed to them by in this section:
r
Alarm business means the business of. any
individual, partnership, cor
poration rporation or ..other entity
engaged in selling, leasing, maintaining servicing,,
r,
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 shell be a
burglar alarm specialty electzical contractor which
shall have, as a qualifying agent,
Of CW 6t:G41lCT a State of Flo•-f p or D41111 Qunty Cnpanv
Qual i f igIr , Manina Ig 22rooll..1. cengad..,ali a Dad2 CouBttal
iT
fi th
Ho/ t i k h
r gores m r c sn uq $hall be de�.+�ttad.
underscored words and/or figures shall be added. �`he
remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and unchanged material,
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include an alarm signal caused by otner ex-tavraillaA.Y
circumstances not reasonably subject to control by the
alarm user.
"Sec. 3.5-23. Alarm user permits required; fee;
renewal.
(a)41.1 It shall be unlawful for any person to
maintain or operate an alarm system without a valid
alarm user permit. V t of `h - _ shall--
provided —for in etimpter-:F751, Pleride .
(ii) No electrical permit for the
installation of an alarm system as defined in
Section 3.5 22 of this code, shall be issued unless the
aggl cant for said 2ermit presents proof that an
"Sec. 3.5-24.
*
Application
notification
information.
for alarm permit; emergency
and reporting service
(A) iU Applications: Applications for alarm
permits shall be made on forms provided by the police
department. Each application shall be accompanied by or
fee of- b"enty-five de4*&Z-9 . one of the
following fees:
The application shall state .UJ the
name, address and telephone number of the applicant's
property to be serviced by the alarm;;, JU and the
name, address and telephone number of the applicant's
residence if differentt (3) the names of individuals
that installed .,,the evs�; , (, i ) the nAM2 and telephone
U Mbor of , the monitoring entitY: and (,2 ) -fif the
applicant's alarm is serviced by an alarm company, then
the applicant shall also include the name, address and
telephone number of that company. Thin LazarBA
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eos
and thl's
fo .. bA —,kept'at1 aft i�i . t i ]► 4$ hours Constitutes ay{ olati, oft .af
in--mea of .: taoh permit shall be valid until the
irtieth day of September of each year.
*
"Sec. 3.5-25 .
Issuance of permit decals.
A permit decal with the alarm user's permit number;
lit"IM •dl VL WWA&/ i v 46W%.�r —a— trri ......r. ..
address will be issued with the alarm user's permit.
This decal must be prominently posted on or near the
front entrance to the premises so that the information
provided on the decal is visible from the outside of
the structure."
"Sec. 3.5-26. Necessary items for alarm systems to
qualify for an alarm user permit]
deactivation.
(a) All alarm systems shall have a backup power
supply that will become effective in the event of power
failure or outage in the source of electricity from the
utility company. "Backu2 power supply" as used in the
"Sec. 3.5-27. Response to alarm;
validity* notice.
*
determination of
(b) If f the police officer at the scene of
the activated alarm system determines the alarm to be
false, said off ices shall make a report of the false
alarm,._ ._�.,.�_1_ ,� - _, f_ _� hj:e'- _ y.,_,. _3__ -16 ; �.i......_......
r
and _.sha11 give
notigg _ or cause _ notice to be . _ given of __his.%her
determi.n tion, advising the alarm user of the false _
alarm.
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"Sec. 3.5-28. Appeals.
(b) Upon receipt mailing of notice ,prescribed
in this article of any false alarm report from —the
city, the alarm user shall have ten (10) days, orally
or in writing, to request a hearing before the said
hearing officer.
(f) After a hearing has been requested. uUntil
all of the steps set forth in this section have been
completed, the false alarm in question will be
considered to have been genuine and will not be
considered the basis for the prima facie presumption
that the involved alarm system is malfunctioning."
Section 2. Section 3.5-29 of the Code of the City of Miami,
Florida, as amended, is hereby repealed in its entirety and the
following is substituted in its place:
"Sec. 3.5-29. Fee assessment for alarm user permits.
(a) There shall be no service charge for the first
three (3) false alarms annually (fiscal year - October
lot through September 30th), Thereafter during the same
fiscal year, there shall be service charges and
requirements applicable an follows:
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fi (1) The fourth through fifth false alarms -
will be billed a fifty dollars ($50.00) service
charge per occurrence which shall be considered
a bill due and owed by the alarm user to the
city.
j .
(2) The sixth through nineteenth false
alarm will be billed a one -hundred dollar
($100.00) service charge per occurrence which
shall be considered a bill due and owed by the
alarm user to the city.
(3) The twentieth and all subsequent false
alarms will be billed a two hundred dollar
($200.00) service charge per occurrence which
shall be considered a bill due and owed by the
alarm user to the city. -
(4) The ninth, fourteenth, nineteenth and
all subsequent false alarms shall result in the
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.
s
(b) The notice shall specify the date
of revocation, and that the police
department will discontinue responding to
alarms that occur at the premises described
f in the subject permit after the date of
revocation.
(c) Reinstatement of the permit and
s police service is conditioned upon
inspection by a representative of the City
- of Miami and a licensed alarm company who
- has certified that the alarm system is:
=� operating properly plus one of the
following reinstatement charges:
(i) upon the ninth, fifty dollars
($50.00) or,
(ii) upon the fourteenth, one -
hundred dollars ($100.00) or,
_ (iii) upon the nineteenth and all
subsequent false alarms two hundred
- dollars ($200.00).
(b) The alarm user permit holder shall have
thirty (30) days from the date the City gives notice of
the service charge within which to pay the service
charge.
(c) The herein service charges are declared to
be a debt due to the city and shall accrue interest at
- the rate of twelve percent (12%) per annum from the
h
-
date the same became due to the city, and such amount
- of service charges shall constitute and are hereby
imposed as special assessment liens against the real
- property containing the building, structure, or
k`
dwelling wherein the subject alarm system is located to
-7 the same extent and character as a lien for special`
- assessment, and with the same penalties and sauce rights
f
y
z
k
�1 c+�lledt .on, ores lo�ure sale aff+� forfeiture !!A
- t ;i►��f��d ��� special assessment liens until fully p��.d
dad �3.�dhar�a� or l�arrod h� lama shall r�[tain lions
rank and in dignity
with the lied Of county
and city ad valorem taxes and superior in mink and
dignity to all other liana, encu�i�brances, titles and
claims in, to or against the real property invol"dr
unpaid and delinquent." tax
section 2. All Ordinances or parts of ordinances insofar
A
they are inconsistent or in conflict with the provision of
--
this Ordinance are hereby repealed.
Section 3.
If any section, part of section, paragraph,
s Ordinance is declared
clause, phrase or word of thiinvalids the -
remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty -
_ days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this day
of , 1990.
PASSED ANDADOPTED ON SECOND AND FINAL READING BY TITLE ONLY -
this day of 1990.
XAVIER L. SUAREZ, MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
_ APPROVED AS TO FORM AND CORRECTNESS: _
J GE L. E ANDEZ
CI ATTORN Y
RFC/bss/M686
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