Ord. No. 24-80-1083ORDINANCE NO.24-80-1083
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING SECTION 15-4 OF CHAPTER
15 OF THE CODE OF ORDINANCES OF THE CITY
OF SOUTH MIAMI,FLORIDA BY CHANGING THE
TITLE THEREOF AND BY ADDING THERETO
ADDITIONAL PROVISIONS,REGULATING BURGLAR
ALARM SYSTEMS,PROVIDING DEFINITIONS,
PROHIBITING CERTAIN TYPES OF ALARM DEVICES,
PROVIDING ALARM OPERATING STANDARDS,
PROHIBITING INTENTIONAL ACTIVATION OF ALARMS
EXCEPT UNDER SPECIFIED CIRCUMSTANCES,SETTING
FORTH PROCEDURE FOR HANDLING FALSE ALARMS AND
FINES THEREFOR,SETTING FORTH PENALTIES,
PROVIDING FOR SEVERABILITY,AND PROVIDING
WHEN THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the title of Section 15-4 of
Chapter15oftheCodeofOrdinancesoftheCityofSouth Miami,
Florida,be,andthesameisherebychangedtoreadas follows:
"Sec.15-4.AutomatedTelephoneDialingAlarm
Systems —False Alarms."
Section 2.That Section 15-4 of Chapter 15ofthe
Code of Ordinances of the City of South Miami,Florida,be,and
the same is hereby amended by adding the following provisions
immediately after Subsection (e)thereof:
"A.Definitions
(1)'Alarm System'means any mechanical or electrical
device,sold or installed,which is designed or used for
the detection of an unauthorized entry into a building,
structure,facility or enclosed area,or for alerting
others of the commission of an unlawful act within a
building,structure,facility or enclosed area,or both,
and which emits a sound or transmits a signal or message
when activated.'Alarm Systems'include,*but are not
limited to:telephone alarm devices,audible alarms and
proprietary alarms.Excluded from the definition of 'Alarm
Systems'are devices which are not designed or used to
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register alarms thatare audible,visible,or perceptible
outsideoftheprotectedbuilding,structure,facilityor
enclosed area,or auxiliary devices installed bytelephone
companies to protect telephonesystemsfromdamageor
disruption of service.
(2)'Audible Alarm*meansadevice designed forthe
detection of unauthorized entryon premises which generates
an audible sound when it is activated.
(3)'City1 meansCityofSouthMiami,Florida.
(4)'Alarm Signal'meansanaudible sound,ora
transmission ofa signal ora message,astheresultof
theactivationofanalarmsystem.
(5)'False Alarm'meanstheactivationofanalarm
system through mechanical failure,malfunction,improper
installation,orthe negligence oftheowneror lessee of
an alarm system or of his employees or agents.Such
terminology does not include,for example,alarms caused
by hurricanes,tornadoes,earthquakes or other violent
conditions.There is a presumption of a false alarm created
when an alarm is investigated by a certified police officer
and there is no sign of an unauthorized attempted entry
evident to the officer.
(6)'Notice'unless otherwise specified,means
written notice,given either by first class mail or
personalserviceuponthe addressee.
(7)'Person'means any natural person or individual,
or any firm,partnership,association,limited partnership,
sole proprietorship or corporation or any business entity,
whatsoever.
(8)'Law Enforcement Officer'means the Police Chief
or any officer employed by and serving,under the direction
of the Police Chief.
(9)'Telephone Alarm Device'means any device which,
when activated,automatically transmits by telephone line
a recorded alarm message or electronic mechanical alarm
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signal toany telephone instrument installed atthe
Officeof the Law Enforcement Officer.
(10)'Alarm User'means any person on whose premises
an alarm system is maintained within theCity except for
alarm systems on motor vehicles or proprietary systems.
If,however,analarmsystemonamotorvehicleisconnected
with an alarm system at a premises (other than a proprietary
system)the person usingsuchsystemisanalarm user.
Usesofa'proprietary system'hereindefinedandexcluded
from the coverage of this Ordinance are persons who use
alarm systems to alert or signal persons within the
premises in which the alarm system is located,or an attempted
unauthorized intrusion or holdup attempt.
(11)'Alarm Installer/Serviceman'means any person
employed by an alarm business whose duties include the
altering,installing,maintaining,moving,repairing,
replacing,selling,servicing of alarm system,or responding
to an alarm."
"B.Prohibition of Certain Telephone Alarm
Devices.
Except for telephone alarm devices utilized
by governmental units or agencies,or with the express
written consent of a law enforcement agency,it is a
violation of this Ordinance for any person,firm,
corporation or association,to install,maintain,own
possess,operate or use any telephone alarm device
regulated or programmed to make connection with any
telephone installed in any facility of any law enforcement
office.Telephone alarm devices are permitted when not
connected directly to a law enforcement office,but they
are subject to all other provisions of this Ordinance."
"c-Alarm Operating Standards.
(1)It is further a violation of this Ordinance
to maintain any alarm system or audible alarm that does
not deactivate within thirty (30)minutes of its activation.
For the first violation the Law Enforcement Officer will
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notify the user in writing that heisin violation of
thissection.Uponthe second occasion within six (6)
months of violation of this section,the owner shall be
subject toapenaltyof $25.00.Heshall also submit to
the City Manager within seventy-two (72)hours
evidence that he has taken the necessary steps to correct
his system so that it will comply withthis section.
Upon failure to comply withanordertoshow corrections,
theCityManager may,inadditiontoother
remedies available for violation of this Ordinance,order
the disconnection ofthealarm system.
(2)Audible alarm systems must be modified to
include a timer to prevent the alarm from ringing from
the time the premises are entered by an authorized person
untilthe system isshutoff."
"D.Intentional Activation of Alarms Prohibited
if Crime Not Being Perpetrated.
It is a violation of this Ordinance for any
person to intentionally activate any alarm system or
audible alarm except in the event of an actual or attempted
felony,misdemeanor,fire or medical emergency,or to
periodically test the alarm equipment without giving
advance notice to the Law Enforcement Department in the
City."
"E.False Alarms.
For a police response to any false alarm as the
result of the activation of any alarm system or audible
alarm,the following fees and procedures shall apply:
(1)For a response to premises at which no other
false alarm has occurred within the preceding six (6)
months,no fee shall be charged,but the person having or
maintaining the alarm system or audible alarm shall
within three (3)working days after notice to do so,complete
a written report to the Law Enforcement Officer on forms
prescribed by the Law Enforcement Officer,setting forth
the cause of the false alarm,if known,the corrective
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action taken,whetherthealarm system hasbeen
inspected by a licensed alarm service company,and such
other information as the Law Enforcement Officer may
reasonable requireto determine thecauseofsuchfalse
alarmandthe necessary corrective action.
(2)No fee for a second response to premises within
six (6)months after a first response shall be charged,
but for the second response and all subsequent responses,
a written report shall be required,and in addition,the
Law Enforcement Officershallbeauthorizedtocausethe
alarm system at the premises to be inspected during
reasonable hours by an independent alarm service company,
or a duly authorized agent of the Law Enforcement Office,
with a written report furnished to the Law Enforcement
Officer by the inspector within seventy-two(72)hours.
The Law Enforcement Officer shall give notice to the
person having or maintaining the alarm system of the
conditions and requirements of this Ordinance.All costs
of such inspections,including the alarm service company's
fee,shall be paid by the person who owns or maintains
the alarm system or audible alarm,as the case may be.
(3)For a third response to premises within six
(6)months after a second response,and for all succeeding
responses within six (6)months of the most recent
response,a fee of twenty-five ($25.00)dollars shall be
charged,and if the third false alarm or any succeeding
false alarm has resulted from the failure to take any
corrective action after notice by the Law Enforcement
Officer,the City Manager may serve a written
notice upon the person owning or maintaining such audible
alarm or alarm system ordering the disconnection of such
alarm system or audible alarm.It shall be unlawful for
the person owning or maintaining such alarm system or
audible alarm to fail to disconnects such alarm system
or audible alarm upon order of the City Manager
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and it shall further be unlawful to reconnect said
alarm system or audible alarm until the requirements
of this Ordinance have been met,provided,however,that
no alarm system or audible alarm is situated in any
premises required by law to have such alarm system or
audible alarm in operation.
(4)Analarm system thathas been ordered bythe
City Manager tobe disconnected,may be reconnected upon
satisfactory proof submitted to the City Manager that the
prescribed corrective action has been taken.
(5)Notice ofa false alarm shall be either by
personal service orby first class mail.Notice shall
bein essentially thefollowingform:
Youare hereby notified that youhave violated
Section oftheSouth Miami City Code,which
prohibits false alarms.Thisisyour
chargeable violation of the South Miami City Code.
Previous violation (s)occurred on _____(dates)
Violations of the terms of the City of South Miami
regulations may cause your alarm system to be disconnected,
and may subject you toa penalty.
Within three (3)days of receipt of this notice,you
are required to submit a written report setting forth the
cause of the false alarm,if known,the corrective action
taken,and whether the alarm system has been inspected by
analarmservice company.
As this is the false alarm over a six (6)month
period,you are subject to a penalty of fifty ($50.00)
Dollars.
As there has been more than one (1),false alarm
within the past six (6)months,your alarm system shall
be inspected at your expense by an independent alarm service
company and a report shall be submitted forthwith to the
Law Enforcement Officer."
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"F.Penalties.
(1)Anyone violating any provisions ofthis
Ordinance shallbe subject toa penaltyof notless
than $50.00 for each violation unlessotherwiseprovided
for within this Ordinance.
(2)Ifsaidpaymentisnotmadewithinthirty
(30)days of date of notice thereof,the alarm system
shall be disconnected.
(3)In the event any fine is assessed pursuant to
thetermsand conditions of this Ordinance,the owner,
occupant,and/or lesseeofthe premises wherein the
violation has occurred,shall pay same to the City of
SouthMiamionorbeforeten (10)daysfromthedateof
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 shallbe forthwith dis
connected and same shall not be reconnected until payment
ofthe fines referred tointhisOrdinance.Intheevent
said alarm or alarms are reconnected without payment of
said fines,asprovidedforherein,sameshallbe
considered a violation of this Ordinance and subject to
Section 1-8 of the Code of Ordinances of the City of
South Miami,Florida."
"G.Severability.
If any clause,section or other part of this
Ordinance shall be held invalid or unconstitutional by
anycourtofcompetentjurisdiction,theremainderof
this Ordinance shall not be affected thereby,but shall
remain in full force and effect."
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Section 3.This Ordinance shall take effect
immediately at the time of its passage.
PASSED and ADOPTED this 2nd dav of September *1980
APPROVED:
/
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,Attest:
/C&UJ^sUst-*J
City Clerk
Passed on first reading:8/5/80
Passed on second reading:9/2/80
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Moved hv Commissioner Porter
Rftnonrfed hv Commissioner Gibson
_yes _no
Block Absent
Bowman X —_____
GibsonX
Lant^>X
Porter X
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ORDINANCE NO.23-90-1463
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
event of power failure or outage inthe source of electricity
fromthe electric utility company;and to 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,the telephone numberofapersonwho
canbe contacted at any hourfor entry ontothe
premises of the alarm and/or deactivation of the alarm.
(2)It isa violation of this Section to maintain
anyalarmsystemor audible alarmthatisnotequipped
(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 heis
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).Uponthe failure ofanalarmusertocomply
with the foregoing provisions,the alarm user will be
subject ofafineof$50.00,in addition tothe
written report required in(1)above.
(3)Upon a second or successive violation of
subsection C (1)ofthissection,within six months of
themost recent violation ofthesame subsection,the
alarm user will be subject toa fine of $50.00,in
additiontothewrittenreportrequiredin (1)above.
(4)Upon a second or successive violation of
subsection B,C (2),C(3)or D of this section,within
sixmonthsofthemostrecent violation ofthesame
subsection,the alarm userwillbesubjecttoafineof
$50.00,in addition to the written report required in
(1)above.
(5)Upon a third violation of subsection C (4)of
this section,withinsix months ofthemost 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.
(6)Upon a fourth or successive 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 a fine of $100.00,in
addition to the written report required in (1)above.
The foregoing notwithstanding,no fine within a single
24 hour period shall exceed $200.00.
Section 2.Subsection F of section 15-4 of the Code of
Ordinances is hereby amended to read as follows:
F.Penalties
(1)In the event any fine is assessed pursuant to the terms
and conditions of this 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 to in
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 ofthe City of South Miami,Florida.
Section 3.Ifany section,clause,sentenceorphraseof
this ordinance is held to be invalid or Unconstitutional byany
court of competent jurisdiction,thensaidholdingshallinno
way affect the validity ofthe remaining portions of this
ordinance.
Section 4.All Ordinances orpartsof Ordinances in
conflict herewith be,and the same are,hereby repealed.
Section 5.This Ordinance shall take effect immediately at
thetimeofits passage.
PASSED AND ADOPTED this 2nd day of October ,1990.
ATTEST:o
y^uQJLk (a
ITY,CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY/
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