07-31-07 Item 7rA
1 ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ALARM
5 SYSTEMS; AMENDING SECTION 15 -4.7 ENTITLED "FALSE ALARM
6 SERVICE CHARGES, ENFORCEMENT AND REVOCATION
7 PROVISIONS" BY EXEMPTING SENIOR CITIZENS FROM FALSE
8 ALARM CHARGES; PROVIDING FOR SEVERABILITY, ORDINANCES
9 IN CONFLICT, AND AN EFFECTIVE DATE.
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12 WHEREAS, Sectionl5 -4.7 of the City of South Miami Code of Ordinances imposes a
13 service charge for the second and every subsequent false alarm; and,
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15 WHEREAS, the Mayor and City Commission recognize that residential burglar alarm
16 systems are a valuable crime deterrent and provides safety and security to the businesses and
17 residents of the City of South Miami; and,
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19 WHEREAS, the Mayor and City Commission recognizes that many senior citizens live
20 on fixed incomes and that the service charges associated with false alarms could pose a financial
21 burden; and,
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23 WHEREAS, the Mayor and City Commission desire to assist those residents by
24 amending Section 15 -4.7 to provide an exemption to senior citizens from false alarm charges.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. Section 15 -4.7 of the City's Code of Ordinances is hereby amended as
30 follows:
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32 Section 15 -4.7 "False alarm service charges; enforcement and revocation provisions."
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35 (b) The activation f false alarms within a permit year will be handled according to the
36 following escalating service fee schedule:
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39 (3) Nothing within this chapter shall preclude the police department from
40 responding to panic or ambush alarm signals, calls describing emergencies or crimes in progress,
41 or routine calls for service. However, nothing in this chapter may be construed to create a duty
42 to respond in any circumstances where such a duty does not exist pursuant to statutory or
43 common law of the State.
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(4) No fee for false alarms shall be charged to a residential alarm user, who
has registered, is over the age of sixty two is the primary resident of the residence provided
however, no business is conducted in the residence
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this — day of , 2007.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
1St Reading —
2"a Reading
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlinins and deletions shown by everstriking: