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HomeMy WebLinkAboutOrdinance 2005-242 ORDINANCE NO. 2005- 2.. 4 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 96-19 OF THE CITY CODE RELATING TO FIRE ALARMS TO REQUIRE HOMEOWNERS ASSOCIATIONS AND CONDOMINIUM ASSOCIATIONS TO PROVIDE TO THE POLICE DEPARTMENT SECURITY CODES FOR ANY MECHANICAL ENTRY POINT WITHIN A MULTI-FAMILY BUILDING; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under its police powers, the City has a duty to protect the welfare and safety of the residents of the City; and WHEREAS, the Police Department is required to respond to emergency calls made by residents on a timely basis, and burglar and fire alarms; and WHEREAS, security codes of multi-family buildings are changed on numerous occasions without notice to the police department; and WHEREAS, the police officers' response to emergency calls is delayed when the Police Department has not been provided with the security code of a particular multi-family building; and WHEREAS, the City Commission wishes to adopt this Ordinance to promote the general welfare of the residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon hereof. Section 2. Amendment. Section 96-19 is hereby amended to read as follows: A. The Police Department may disregard an alarm notification if the alarm notification comes from a premise that has had six or more false alarms reported in the user's registration period. A notice stating that police response will be discontinued on a date certain shall accompany the civil violation notice for the sixth false alarm, prior to discontinuing service. If the alleged violator chooses to appeal the civil violation Security Ordinance 1 Words underlined are added B. Page I on notice and accompanying fine, police response shall continue while an appeal is pending, under Chapter 14, Code Enforcement, of the Code of the City of Sunny Isles Beach, for a civil violation notice issued for violation of this chapter. C. After sustaining the first police response termination in a fiscal year for accruing six false alarms, the alarm use may sustain subsequent response terminations for every three additional false alarms occurring in the same fiscal year. D. To regain police response to terminated locations, the alarm owner/user shall: (1) Submit a written report from a licensed alarm company certifying that the system has been inspected, repaired if required, and that it is functioning properly. (2) Pay all outstanding fines and/or fees. (3) Submit an alarm registration form, if necessary. E. Nothing herein shall: (1) Preclude the Police Department from responding to panic or ambush alarm signals, calls describing emergencies or crimes in progress, or routine calls for service; (2) Limit the Code Enforcement and Licensing Department from issuing civil violation notices for alarms in violation of this chapter; or (3) Be construed to create a duty to respond in any circumstances where such a duty does not exist pursuant to the statutory or common law of Florida. The chapter imposes or creates no duties on the part of the City or its departments and employees, and the obligation of complying with the requirements of the chapter, and any liability for failure to do so is placed upon the parties responsible for owning, operating, monitoring or maintaining security alarms; (4) Preclude the Police Department from responding to any alarm signal at the discretion of the Police Chief. F. All homeowners associations, condominium associations, and building managers shall provide the Police Department with the security codes for any mechanical entry point within a multi-family building where entry into the building is only permitted through a mechanical entry point. Notice shall be provided to the Police Department within twenty-four (24) hours when the security codes are changed by building management. This Section shall not apply to multi-family buildings which provide non-mechanical entry points on a 24-hour basis. Notwithstanding any provision in this Article, any person or entity found to be in violation of this Section shall be subiected to a $50 fine upon a second violation. Security Ordinance I Words underlined are added Page 201'3 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall be included in the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Effective Date. This Ordinance shall be effective ten (l0) days after adoption on second reading. PASSED and ADOPTED on first reading the ~ day of~, 2005. PASSED and ADOPTED on second reading the ~ day o~, 2005. /. /I~.~ ATTEST, ; ~.~~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND L AL SUFFICIENCY Vote: 5-0 Moved by: C~\~~\D~ ~~Zl") Seconded by: rh~\SS\br\)~ IGL2S"l4S Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) ~es) ~Yes) k'1.Yes) BYes) _(No) (No) _(No) _(No) _(No) Security Ordinance I Words underlined are added Page30f3