Ord. No. 23-90-1463AORDINANCE NO.23-90-1463A
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING SECTION 15-4 OF THE CODE OF ORDINANCES OF THE
CITY OF SOUTH MIAMI RELATING TO BURGLAR ALARM SYSTEMS
BY AMENDING SUBSECTIONS C AND E TO REQUIRE POSTING OF
THE TELEPHONE NUMBER OF A PERSON WHO CAN BE CONTACTED
AT ANY HOUR FOR ENTRY ONTO THE PREMISES OF THE ALARM
AND/OR DEACTIVATION OF THE ALARM;REQUIRE A BACK-UP
POWER SUPPLY EFFECTIVE ON THE EVENT OF POWER FAILURE OR
OUTAGE IN THE SOURCE OF ELECTRICITY FROM THE ELECTRIC
UTILITY COMPANY;AND TO PROVIDE FOR CHANGES IN THE
FINES FOR VIOLATIONS OF THIS SECTION;PROVIDING FOR
SEVERABILITY,REPEAL OF CONFLICTING ORDINANCES,AND AN
EFFECTIVE DATE.
WHEREAS,by Ordinance 24-80-1083 in September 2,1980,the
City of South Miami first passed and adopted an Ordinance
establishing in Chapter 15,section 15-4,rules and regulations
regarding the use of burglar alarm systems within the City;
WHEREAS,the Mayor and City Commission wish to amend
specific sections of such chapter in order to require posting of
the telephone number ofa person who can be contacted at any
hour for entry onto the premises of the alarm and/or deactivation
of the alarm;require a back-up power supply effective on the
eventofpower failure or outage inthe source of electricity
fromthe electric utility company;andto provide for changes in
the fines for violations of this section of the Ordinances of the
City of South Miami;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Subsection C of section 15-4 of the Code of
Ordinances is hereby amended to read as follows:
(1)ItisaviolationofthisSectiontomaintainany
alarm system or audible alarm unless the alarm user has
first posted on,or within 25feetof,thefront door
ofthepremises,thetelephonenumberofapersonwho
canbe contacted at any hourfor entry ontothe
premises of the alarm and/or deactivation of the alarm.
(2)Itisa violation of this Section to maintain
anyalarmsystemoraudiblealarmthatisnotequipped
(a)to deactivate within fifteen (15)minutes of its
activation,or(b)with a back-up power supply
effective on the event of power failure or outage in
the source of electricity from the electric utility
company.
(3)It is a violation of this Section to maintain an
audible alarm system which does not have a timer to
prevent the alarm from ringing from the time the
premises are entered by an authorized person until the
system is shut off.
(4)False alarms as defined hereinabove are a
violation of this section.
Section 2.Subsection E of section 15-4 of the Code of
Ordinances is hereby amended to read as follows:
E.Violations
(1)Upon a first violation of any portion of this
section,the City will notify the alarm user that he is
in violation and require the alarm user obtain a
written report from a certified alarm service company
as to the cause of the violation and the corrective
action taken and file same with the city within three
days (exclusive of Sundays and/or holidays).Upon the
failure of an alarm user to comply with the foregoing
provisions,the alarm user will be subject of a fine
of $50.00.
(2)Upon a second violation of subsection C(4)of
this section,within six months of the most recent
violation of the same subsection,the City will notify
the alarm user that heisin violation and require the
alarm user obtain a written report from a certified
alarm service company as to the cause of the violation
and the corrective action taken and file same with the
city within three days (exclusive of Sundays and/or
2
holidays).Upon the failure of an alarm user to comply
with the foregoing provisions,the alarm user will be
subject of a fine of $50.00,in addition to the
written report required in (1)above.
(3)Upon a second or successive violation of
subsection C(1)of this section,within six months of
the most recent violation of the same subsection,the
alarm user will be subject to a fine of$50.00,in
addition to the written report required in(1)above.
(4)Upon a second or successive violation of
subsection B,C(2),C(3)orDof this section,within
six months of the most recent violation of the same
subsection,the alarm user will be subject to a fine of
$50.00,in addition to the written report required in
(1)above.
(5)Upon a third violation of subsection C(4)of
this section,within six months of the most recent
violation of the same subsection,the alarm user will
be subject to afineof$50.00,in addition to the
written report required in(1)above.
(6)Upon a fourth or successive violation of
subsection C(4)of this section,within six months of
themostrecent violation ofthesame subsection,the
alarm userwillbesubjecttoafineof$100.00,in
addition tothe written report required in(1)above.
Theforegoing notwithstanding,nofinewithinasingle
24 hour period shall exceed $200.00.
Section 2.Subsection Pof section 15-4 of the Code of
Ordinances is hereby amended to read as follows:
F.Penalties
(1)Inthe event any fineis assessed pursuant tothe terms
and conditions ofthis Ordinance,the owner,occupant,
and/or lessee of the premises wherein the violation has
occurred,shall pay same to the City of South Miami on or
before ten (10)days from the date of said assessment.In
the event said person or persons shall fail to pay said fine
within the time prescribed herein,all alarms within said
premises shall be forthwith disconnected and same shall not
be reconnected until payment of the fines referred toin
this Ordinance.In the event said alarm or alarms are
reconnected without payment of said fines,as provided for
herein,same shall be considered a violation of this
Ordinance and subject to Section 1-8 of the Code of
Ordinances of the City of South Miami,Florida.
Section 3.If any section,clause,sentence or phrase of
this ordinance is held tobe invalid or Unconstitutional by any
court of competent jurisdiction,then said holding shall inno
way affect the validity ofthe remaining portions of this
ordinance.
Section 4.All Ordinances or parts of Ordinances in
conflict herewith be,and the same are,hereby repealed.
Section 5.This Ordinance shalltake effect immediately at
the time ofits passage.
PASSED AND ADOPTED this 2nd day of October ,1990.
APPROVED
READ AND APPROVED AS TO FORM:
/ka^mQy^^
CITY ATTORNEY
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