ORDINANCE 727ORDINANCE NO. 23 -71 -727
ORDINANCE OF THE CITY OF SOUTH; MIAMI
FLORIDA, DEFINING AUTOMATED TELEPHONE
DIALING ALARM SYSTEMS; PROHIBITING THE
INSTALLATION AND OPERATION OF SUCH SYSTEMS
PROVIDING FOR REMOVAL OF SUCH UNLAWFUL
SYSTEMS; PROVIDING THAT THE CITY OF SOUTH
MIAMI SHALL NOT BE LIABLE FOR FAILURE TO
RESPOND TO ALARMS TRANSMITTED BY SUCH
SYSTEMS; PROVIDING A PENALTY FOR VIOLA-
TIONS OF THE ORDINANCE; PROVIDING FOR IN-
CLUSION IN THE CODE OF ORDINANCES AND PRO-
viding an effective date.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. Definition. The term "Automated Telephone
Dialing Alarm System" shall include any system which,
upon being activated, automatically transmits by
telephone or telephone line, a recorded message or any
other electronic or emergency or mechanical alarm signal
to the South Miami Police Department Communications
Center or any telephone line leased by the City of South
Miami and installed within any facility operated by the
South Miami Police Department. However, public coin
telephone alarm systems;; alarm systems which are utilized
by government departments or agencies of Dade County,
Florida; or alarm systems which transmit to the South
Miami Police Department. Communications Center live voices
capable of two -way communication; or alarm systems which
are automatically answered by the response of 'a private
security or alarm service agency to the premises are
expressly excluded from the definition of the term
"Automated Telephone Dialing Alarm System" as used in
this ordinance.
Section 2, Prohibited Alarm System. It shall be unlawful
for any person, natural, or corporate, to sell, offer for
sale, install, maintain, lease, own, possess, or operate
an Automatic Telephone Dialing Alarm System connected to
any public telephone trunk 'Line within the City of South
Miami, Florida, which Automatic Telephone Dialing Alarm
System is regulated to make telephone connection with
any telephone line leased by the City of South Miami and
installed within any facility operated by the South Miami
Police Department.
Section go -moval of Unlawful Sys tom. The City Manager,
when hd has knowledge of the unlawful maintenance of
an Automatic Telephone Dialing Alarm System, installed
or operated in violatioji of Seetion 2, ahall order the
awiter, opdra.tor or 1@ggde to digeonnect and cdasd opera-
tion of the gyatem within hours of receipt
of the order. Any Aut itie ' Telephone Dial,intl Alarm
Sygtom inatall.ed prior to the efteetive date of thia
ordin mst,e .4hal,l: be rer:zved within thirty (10) diiys of
deeh date, it thal.l a l.avful fie any p @rs n, natural
or c6r"rat @0 to fail td ail with aruy Ox the VrdQi§!6h§
dt thl@ t-Ut, ►#
Sectio:i 4 C; vi l Liability. The City of South Miami and
the South Miami Police Department shall be under no
obligation to respond to any message or signal trans -
mitted in violation of ;Section 2 of this ordinance,
and the City of South Miami, the South, Miami Police
Department and its officers, employees and agents,
shall not be 'liable for any failure to respond to any
message or signal transmitted in violation of Section
2 of this ordinance_
Section 5. Penalty. That any person, person, firm;, part -
nership or corporation violating any of the provisions
of this ordinance shall, upon conviction, be punished
by a fine not to exceed $500.00 or by imprisonment not
to exceed six months, or by both such fine and imprison -
ment in the discretion of the Municipal Judge. Each
day that a violation is permitted to exist shall con-
stitute a separate offense.
Section 6. It is intended that this ordinance be permanent in
nature and shall be included in the Code of Ordinances,, City of
South Miami.
1971
Section 7. This ordinance shall 'take effect September 1,
PASSED and ADOPTED this 7th day of September, 1971.
ATTEST:
CITY CLERK
"NUMV 90. 23 -71 -727
APPROVED
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