HomeMy Public PortalAbout21-03 Burglar Alarms, Penalties and Fees for Non-Compliance1st Reading/Public Hearing:
2nd Reading/Public Hearing:
Adopted:
Effective Date:
Sponsored By:
December 09, 2020
January 13, 2021
January 13, 2021
January 13, 2021
City Manager
ORDINANCE NO. 2021-03
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, REPEALING
CHAPTER 18, ARTICLE II OF THE CODE OF
ORDINANCES, IN ITS ENTIRETY, CREATING A
NEW CHAPTER TO INCLUDE DEFINITION OF
TERMS; PROVIDING FOR THE REGULATION OF
BURGLAR ALARMS; PENALTIES AND FEES FOR
NON-COMPLIANCE; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka, Florida ("City") desires to update Chapter 18,
Article II of the City Code of Ordinances, entitled "Burglar Alarms" regulations to
address the growing problem of excessive false alarms which unduly place a burden on
the Opa-locka Police Department's law enforcement resources; and
WHEREAS, this ordinance will establish reasonable expectations of alarm users
and ensure that alarm users are held responsible for the proper usage of their alarm
systems; and
WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the
best interest of the City and its residents to repeal and replace Chapter 18, Article II of the
City's Code of Ordinances, entitled "Burglar Alarms".
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA:
Section 1. Chapter 18, Article II of the Code of Ordinances, titled "Alarm
Systems", attached hereto as Exhibit "A", is hereby repealed in its entirety and replaced
as follows:
CHAPTER 18 - POLICE
ARTICLE II - ALARM SYSTEMS
Sec. 18-33. Definitions
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them, except where the context clearly indicates a different
Ordinance No. 2021-03
meaning.
Alarm company means a person subject to the licensing requirements, and/or a company
engaged in selling, leasing, installing, servicing or monitoring alarm systems.
Alarm permit means a permit issued by the Opa-locka Police Department allowing the
operation of an alarm system within the City.
Alarm signal means a detectable signal, audible or visual, generated by an alarm
system, to which law enforcement is requested to respond.
Alarm system means any single device or assembly of equipment designed to
signal the occurrence of an illegal or unauthorized entry or other activity
requiring immediate attention and to which law enforcement is requested to
respond including non -monitored alarms, but does not include motor vehicle or
boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a
medical response.
Alarm user means any person, corporation, partnership, proprietorship, governmental
or educational entity or any other entity owning, leasing, or operating an alarm system,
or on whose premises an alarm system is maintained for the protection of such
premises.
Automatic dial protection device means an automatic dialing device or an automatic
telephone dialing alarm system and shall include any system which, upon being
activated, automatically initiates to the Opa-locka Police Department a recorded
message or code signal indicating a need for law enforcement response.
Cancellation means the process where response is terminated when the alarm company
(designated by the alarm user) notifies the Opa-locka Police Department that there is
not an existing situation at the alarm site requiring police response after an alarm
dispatch request.
City means the City of Opa-locka or its agent.
False alarm means the activation of an alarm system through mechanical or electronic
failure, malfunction, improper installation, or the negligence of the alarm user, his/her
employees or agents, and signals activated to summon law enforcement personnel
unless law enforcement response was canceled by the alarm company before law
enforcement personnel arrive at the alarm location. An alarm is false within the meaning
of this article when, upon inspection by the Opa-locka Police Department, evidence
indicates that no unauthorized entry, robbery, or other such crime was committed or
attempted in or on the premises which would have activated a properly functioning
alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm
which can reasonably be determined to have been caused or activated by unusually
violent conditions of nature nor does it include other extraordinary circumstances not
Ordinance No. 2021-03
reasonably subject to control by the alarm user.
Permit year means an 12 -month period beginning on the day and month on which an
alarm permit is issued.
SIA Control Panel Standard CP-OI means the American National Standard Institute
(ANSI) approved Security Industry Association (SIA) CP-Old Control Panel Standard
as may be updated time to time that details recommended design features for security
system control panels and their associated arming and disarming devices to reduce
false alarms.
Verify means an attempt by the monitoring company, or its representative to contact the
alarm site and/or alarm user by telephone and/or other electronic means, whether or not
actual contact with a person is made to attempt to determine whether an alarm signal is
valid before requesting law enforcement dispatch, in an attempt to avoid an
unnecessary alarm dispatch request.
Sec. 18-34. Alarm Permit
a) Permit required. No person shall use an alarm system monitored or non -monitored,
without first obtaining a permit for such alarm system from the Opa-locka Police
Department. A fee of $25.00 is required for the initial registration and annual renewal.
Alarm permit fee amounts may be amended from time to time by resolution of the City
Commission. Each alarm permit shall be assigned a unique permit number and the user
shall provide the permit number to the alarm company to facilitate law enforcement
dispatch.
(b) Application. The permit shall be requested on an application form provided by the
Opa-locka Police Department. An alarm user has the duty to obtain an application from
the Opa-locka Police Department.
Transfer of possession. When the possession of the premises at which an alarm system is
maintained is transferred the person (user) obtaining possession of the property shall
file an application for an alarm permit within 30 days of obtaining possession of the
property. Alarm permits are not transferable.
Reporting updated information. Whenever the information provided on the alarm permit
application changes, the alarm user shall provide correct information to the Opa-locka
Police Department within ten (10) days of the change. In addition, each year after the
issuance of the permit, permit holders will receive from the Opa-locka Police
Department a form requesting updated information. The permit holder shall complete
and return this form to the Opa-locka Police Department when any of the requested
information has changed; failure to comply will constitute a violation and may result in
a civil penalty.
Multiple alarm systems. If an alarm user has one or more alarm systems protecting two
Ordinance No. 2021-03
or more separate structures having different addresses and/or tenants, a separate permit
shall be required for each structure and/or tenant.
Sec. 18-35. Duties of the Alarm User
An alarm user must do the following.
Maintain the premises and the alarm system in a method that will reduce or eliminate
false alarms.
Provide the alarm company the permit number, (the number must be provided to the
communications center by the alarm company to ensure dispatch).
Respond or cause a representative to respond to the alarm system's location within I
hour when notified by the Opa-locka Police Department.
Not manually activate an alarm for any reason other than an occurrence of an event that
the alarm system was intended to report
Obtain a new permit and pay any associated fees if there is a change in address or
ownership of a business or residence.
It is the responsibility of each alarm user to monitor the occurrences of false alarms on
its premises.
Sec. 18-36. Duties of the Alarm Company
Any person engaged in the alarm business in the City, shall comply with the following.
(1) Florida State Statute, Chapter 489.
Obtain and maintain the required State, County and/or City license(s).
Be able to provide name, address, and telephone number of the alarm company license
holder or a designee, who can be called in an emergency, 24 hours a day; and be able to
respond to an alarm call, when notified.
Be able to provide the most current contact information for the alarm user.
Ninety (90) days after enactment of this Ordinance the alarm installation companies
shall, on all new and upgraded installations, use only alarm control panel(s) which meet
SIA Control Panel Standard CP-01.
Prior to activation of the alarm system, the alarm company must provide instructions
explaining the proper operation of the alarm system to the alarm user.
Provide written information of how to obtain service from the alarm company for the
Ordinance No. 2021-03
alarm system.
An alarm company performing monitoring services shall:
Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine
whether an alarm signal is valid before requesting dispatch. Telephone verification shall
require, as a minimum that a second call be made to a different number, if the first
attempt fails to reach an alarm user who can properly identify themselves to attempt to
determine whether an alarm signal is valid before requesting law enforcement dispatch,
EXCEPT in the case of a panic or robbery -in -progress alarm, or in cases where a crime -
in -progress has been verified by video and/or audible means.
Provide alarm user registration number to the communications center to facilitate
dispatch and/or cancellations.
Communicate any available information about the location of the alarm.
Communicate a cancellation to the law enforcement communications center as soon as
possible following a determination that response is unnecessary.
Sec. 18-37. Prohibited Acts
It shall be unlawful to activate an alarm system for the purpose of summoning law
enforcement when no burglary, robbery, or other crime dangerous to life or property is
being committed or attempted on the premises, or otherwise to cause a false alarm
It shall be unlawful to install, maintain, or use an audible alarm system which can sound
continually for more than 15 minutes.
It shall be unlawful to install, maintain, or use an automatic dial protection device that
reports, or causes to be reported, any recorded message to the Opa-locka Police
Department.
Sec. 18-38. Enforcement of Provisions
Excessive false alarms. It is hereby found and determined that three or more false alarms
within a permit year is excessive, constitutes a public nuisance, and shall be unlawful.
Civil penalties for false alarms within a permit year shall be assessed against an alarm
user as per current fee schedule.
Failure to register. It shall be unlawful to operate a burglar alarm system within the City
of Opa-locka without an alarm permit.
Other Civil Penalty(is). Violations will be enforced through the assessment of civil
penalty(ies).
Ordinance No. 2021-03
Payment of Civil Penalty(ies). Civil penalty(ies) shall be paid within (30) days from the
date of the invoice.
Civil Non criminal violation. A violation of any of the provisions of this ordinance shall
be a civil violation and shall not constitute a misdemeanor or infraction.
Discontinuance of law enforcement response. Police are not required to respond:
To burglar alarms at locations where six (6) or more false alarms occurred in the user's
registration period.
To burglar alarms at locations where a burglar alarms civil penalty(ies) was not paid
within thirty (30) days of a civil violation penalty notice.
To locations where the required alarm permit has not been obtained.
Notice of discontinuance of law enforcement response. A notice that Police response will
be discontinued, for any of the above reasons, will accompany a civil violation notice,
be posted at the affected locations, or be sent to the user by certified mail at least thirty
(30) days prior to discontinuing service.
Restoring Police response to terminated locations. To regain Police response to burglar
alarms at terminated locations, the alarm user must:
Submit a written report from a licensed burglar alarm company certifying that the
system has been inspected, repaired if required, and that it is functioning properly.
Pay all outstanding burglar alarm civil penalties.
Apply for and obtain an alarm permit.
Sec. 18-39. Appeals.
All civil penalties for violations set forth in this section shall be issued and may be
appealed, in accordance with, and shall be governed by the procedures set forth in
Sections 2-570.25 through 2-570.32 of the Opa-locka Code of Ordinances through the
Code Enforcement Special Magistrate Board.
Sec. 18-40. Government Immunity
Alarm registration is not intended to, nor will it, create a contract, duty or obligation,
either expressed or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification is hereby disclaimed and
governmental immunity as provided by law is retained. By applying for an alarm
registration, the alarm user acknowledges that the Opa-locka Police Department
response may be influenced by factors such as: the availability of police units, priority
of calls, weather conditions, traffic conditions, emergency conditions, staffing levels
and prior response history.
Sec. 18-41. Severability
If any section, subsection, sentence, clause or provision of this article is held
invalid, the remainder of this article shall not be affected by such invalidity.
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Sec. 1842. Fee Schedule
The table contained herein prescribes the dollar amount of civil penalty for the
violation of these sections. The fine amounts may be amended from time to time
by resolution of the City Commission:
Registered Alarm
Non -Registered Alarm
First False Alarm
No Charge
$50.00
Second False Alarm
$25.00
$100.00
Third False Alarm
$50.00
$150.00
Fourth False Alarm
$100.00
$200.00
Fifth False Alarm
$150.00
$250.00
Sixth & Seventh False Alarm
$200.00
$300.00
jght & Ninth False Alarm
$250.00
$350.00
Tenth False Alarm and over
$500.00
$500.00
Penalty for failure to register
$100.00
$100.00
Any violation of the "Burglar Alarms" ordinance that is not specified within this
section, shall be assessed a civil penalty of One Hundred Dollars ($100.00). See section
12-85.
A registration fee of $25.00 is required for the initial registration and annual renewal
Section 2. In the event that the provisions of this Ordinance are in conflict with any other
ordinance, rule or regulation, the provisions of this Ordinance shall
Section 3. All ordinances or parts of ordinances in conflict herewith are repealed.
Section 4. Severability. If any word, clause, phrase, sentence, paragraph or section of this
Ordinance is held to be invalid by a court of competent jurisdiction, such declaration of
invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section
of this Ordinance.
Section 5, Codification. The provisions of this Ordinance may become and be made
a part of the code of ordinances of the City of Opa-locka, Florida. The sections of
the Ordinance may be renumbered or re -lettered to accomplish such, and the word
"ordinance" may be changed to "section," "article" or any other appropriate word.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading.
Ordinance No. 2021-03
PASSED FIRST READIING THIS 9th day of December, 2020.
PASSED SECOND READING THIS 13th day of January, 2021.
Matthew A. Pigatt, Mayor
TEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Bur ette Norris- - eeks, P.A.
Moved by: COMMISSIONER BURKE
Seconded by: COMMISSIONER DAVIS
VOTE:
5-0
Commissioner Davis YES
Commissioner Burke YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Department
Director
Signature:
City
Manager:
John E. Pate
CM Signature:
S6, --, e
Commission
Meeting
Date:
12.09.2020
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Ordinance
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City Manager
Department:
Police Department
Short Title:
An Ordinance of the City Commission repealing Chapter 18, Article II of the Code of Ordinances, in its entirety,
creating a new chapter.
Staff Summary:
The City is desirous of updating its "Burglar Alarms" regulations to address the growing problem of excessive
false alarms which burdens the Opa-locka Police Department. By updating the City's Code this would allow for
the City to hold the alarm users responsible for their use of the alarm systems.
Financial Impact - This will provide General Fund revenue, but at this time it is unknown as to the number
of alarm system installed and the frequency of false alarms. There will be some Special Magistrate expense at
a later time if alarm users appeal their violations, but this expense will be minimal in comparison to the
revenue this program will generate.
Proposed Action:
Staff recommends the approval of this request.
ARTICLE I I. - ALARM SYSTEMS
Footnotes:
--- (2) ---
Editor's note— Ord. No. 99-16, adopted Sept. 22, 1999, amended Ch. 18, Art. II
to read as herein set out. Prior to said amendment, Art. 11 pertained to automatic
telephone alarm systems and was derived from Code 1955, §§ 18-21-18-24.
Sec. 18-33. - Definitions.
(a) Alarm user means the person or other entity that owns, possesses, controls, occupies,
or manages any premises as defined below.
(b) Automatic 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 city police
department or any telephone line leased by the city and installed within any facility
operated by the city. However, public coin telephone alarm systems, alarms systems
which are utilized by government departments or agencies in Miami -Dade County,
Florida; alarm systems which transmit to the police department 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 "automatic telephone dialing alarm system" as
used in this article.
(c) Burglar alarm system means any assembly of equipment, mechanical or electrical,
arranged to signal the occurrence of an illegal entry or other activity requiring urgent
attention and to which the police department may reasonably be expected to respond,
but does not include fire alarms or alarms installed in motor vehicles. If a fire alarm
system is connected to a burglar alarm system, this section shall not apply to false
alarms that the alarm user proves were generated by the fire alarm portion of the
system.
(d) Fa/se burglar alarm means a signal from a burglar alarm system that elicits a response
by the police when no emergency or actual or threatened criminal activity requiring
immediately response exists. This definition includes signals activated by negligence,
accident, mechanical failure; signals activated intentionally in non -emergency
situations; and signals for which the actual cause of activation is unknown. It is a
rebuttable presumption that a burglar alarm is false if personnel responding from the
police department do not discover any evidence of unauthorized entry, criminal
activity, or other emergency after following normal police procedures in investigating
the incident. An alarm is not false if the alarm user proves that (1) an individual
activated the alarm based upon a reasonable belief that an emergency or actual or
threatened criminal activity requiring immediate response existed; or (2) the alarm
system was activated by lightening or an electrical surge that caused physical damage
to the system, as evidenced by the testimony of a licensed alarm system contractor
who conducted an on -site inspection and personally observed the damage of the
system.
(e) Premises means the building or structure or portion of a building or structure upon
which is installed or maintained a burglar alarm system.
(f) A/arm business means the business of any individual, partnership, corporation or other
entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system or in causing any alarm system to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on
any building, structure or facility. An alarm business shall be a burglar alarm specialty
electrical contractor which shall have, as a qualifying agent, a State of Florida or Miami -
Dade County company qualifier, meaning a person licensed as a Miami -Dade. County
master or journeyman burglar alarm specialty electrical contractor, Miami -Dade County
master electrician, State of Florida contractor, or State of Florida electrical contractor.
An alarm business shall have an occupational license issued by the city.
(g) Alarm permit means a permit issued by the city allowing the operation of an alarm
system within the city.
(h) A/arm system means any assembly of equipment, mechanical or electrical, arranged to
signal the occurrence of an illegal entry or other activity requiring urgent attention and
to which the police department is expected to respond, but does not include alarms
installed in conveyances or fire alarms.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-34. - Alarm permits required; fee; renewal; enforcement provisions.
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm
user permit. Violation of this section shall be a misdemeanor of the second degree,
punishable as provided for in chapter 775, Florida Statutes.
(b)
Applications must be made to the City of Opa-locka Buildings and Licenses Department
which will issue permits to alarms users after payment of a seventy-five dollar ($75.00)
application fee.
(c) All alarm user permits will expire on September 30 of each year and must be renewed
not later than October 1 of renewal year. Renewal permits will be issued after
completion of an application form and the payment of a seventy-five dollar ($75.00)
renewal fee. The renewal fee is twenty-five dollars ($25.00) provided that there have
been no false alarms and seventy-five dollars ($75.00) otherwise.
(d) Whenever the police respond to a location where no alarm permit has ever been
issued or the alarm permit has expired for the alarm system generating a false alarm, a
copy of this section shall be sent to the alarm user along with written notification as
follows:
(1) On non -permitted accounts, a seventy-five dollar ($75.00) renewal fee will he
required, plus a two hundred dollar ($200.00) fine for a total of two hundred
seventy-five dollars ($275.00). There will be no police response to subsequent
alarms until the fine and the permit fee are paid.
(2) A response to an alarm system where the permit has expired will result in a
seventy-five dollar ($75.00) renewal fee, plus a one hundred fifty dollar ($150.00)
fine for a total of two hundred twenty-five dollars ($225.00). There will be no police
response to subsequent alarms until the fine and the permit are paid.
(3) All expired permits will be charged a twenty-five dollar ($25.00) late fee, plus a
seventy-five dollar ($75.00) renewal fee. All expired permits with no false alarms
will require a twenty-five dollar ($25.00) late fee, plus a twenty-five dollar ($25.00)
renewal fee.
(e) If a business has one or more alarm systems protecting two or more separate
structures having different addresses, a separate permit will be required for each
structure.
(f) To reinstate police service the alarm user must obtain a valid alarm permit pursuant to
section 18-34 and pay all outstanding fines.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-35. - Application for alarm permit; emergency notification and reporting service information.
(a)
Applications. Applications for alarm permits shall be made on forms provided by the
police department. The initial application shall be accompanied by a fee of seventy-five
dollars ($75.00). The application shall state the name, address and telephone number
of the location where the alarm is installed. If the applicant's alarm is installed and
serviced by an alarm company, then the alarm company must provide the city with
their company name, address and telephone number and obtain the alarm user permit
for the applicant prior to the installation of the alarm system. Non-compliance by the
alarm company will incur a two hundred fifty dollar ($250.00) fine. Each permit shall be
valid until September 30 of the renewal year. The permit will be valid for one year.
(b) Emergency notification. Each application shall list an emergency telephone number of
the user or the user's representative to permit prompt notification of alarm calls and
facilities assisting the police in the inspection of the property. Changes in emergency
telephone numbers shall be kept current, and failure to provide updated information
may constitute grounds for revocation of the permit.
(c) Reporting service information. Each holder of an alarm user permit shall immediately
notify the police department in writing of any and all changes in the information on file
with the city regarding such permit. Failure to do so shall constitute grounds for
revocation of the permit.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-36. - Issuance of permit decals.
A decal with the alarm user's permit number, name of business or residence owner's name,
and permit address will be issued with the alarm user permit. This decal must be prominently
posted on or near the front entrance to the premises so that the information provided on the
decal is visible from the outside of the structure.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-37. - Required equipment in a burglar alarm.
A burglar alarm user shall not use a burglar alarm system unless that burglar alarm system is
equipped with:
(a) A backup power supply that will become effective in the event of power failure or
outage in the source of electricity from the utility company; and
(b) A device that automatically silences the alarm within thirty (30) minutes after
activation.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-38. - Canceling false burglar alarm calls.
Alarm monitoring companies shall notify the City of Opa-locka Police Department to cancel
dispatches to alarm calls the company initiated within ten (10) minutes of being notified that the
alarm is false by the alarm user or the user's authorized representative. However, police will not
cite the company for failure to meet the ten-minute criterion if notification of a false alarm is
received before an officer arrives on the scene.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-39. - Prohibited
It shall be unlawful to sell, offer for sale, install, maintain, lease, own, possess or operate an
automatic telephone dialing alarm system connected to any exchange telephone trunk line within
the city, which automatic telephone dialing alarm system is regulated to make telephonic
connection with any telephone line leased by the city and installed within any facility operated by
the city police department.
No burglar alarm user shall cause, allow, or permit the burglar alarm system to give six (6) or
more false alarms in any calendar year.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-40. - Removal of unlawful system.
The chief of police, when he has knowledge of the maintenance of an automatic telephone
dialing alarm system, installed or operated in violation of this article, shall order the owner,
operator or lessee to disconnect and cease operation of the system within seventy-two (72) hours
of receipt of the order. It shall be unlawful for any person, natural or corporate, to fail to comply
with any of the provisions of this section.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-41. - Notification of false alarms.
It is the responsibility of each alarm user to monitor the occurrences of false alarms on its
premises. The City of Opa-Iocka Police Department shall notify the alarm user of each false alarm.
Such notice shall be provided by posting a notice on the premises; or by mailing notice to the
alarm user.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-42. - Department not liable for failure to respond.
The police department shall be under no obligation to respond to any message or signal
transmitted in violation of this article. The police department and its officers, employees and
agents shall not be liable for any failure to respond.
(a) Police are not required to respond:
1. To burglar alarms at locations where six (6) or more false alarms occurred in
the calendar year. After sustaining the first police response termination in a
calendar year for accruing six (6) false alarms, the alarm user will sustain
subsequent response terminations for every three (3) additional false alarms
occurring in the same calendar year;
2. To burglar alarms at location where a burglar alarm fine was not paid within
sixty (60) days of a civil violation notice; or
3. To locations where required alarm registration information was not filed within
sixty (60) days of a civil violation notice for failure to file alarm information.
(b) 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 police department from issuing civil violation notices for alarms in
violation of this article; 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.
4. A notice that police response will be discontinued, for any of the above reasons,
will accompany a civil violation notice, be posted at the affected location, or be
sent to the user by certified mail at least thirty (30) days prior to discontinuing
service.
(c) Police response will continue while an appeal is pending under section 2-570.31 of
the Code of the City of Opa-Iocka, for a civil violation notice issued for violation of
this article.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-43. - Restoring police response to terminated locations.
To regain police response to burglar alarms at terminated locations, the alarm user must:
(a) When police response has been discontinued pursuant to subsection 18-42(a)1.,
submit a written report from a licensed burglar alarm company certifying that the
system has been inspected, repaired if required, and that it is functioning properly.
In addition, the alarm user must pay all outstanding burglar alarm ordinance fines;
(b) When police response has been discontinued pursuant to subsection 18-42(a)2.
and 3., submit burglar alarm registration information and pay all outstanding
burglar alarm ordinance fines.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-44. - Penalties.
(a) Each violation of this section shall be punished as follows:
(1) For a first violation of section 18-42 by a fine of fifty dollars ($50.00).
(2) For a second and each additional violation of section 18-42 by a fine of one
hundred dollars ($100.00).
(3) For the fourth false burglar alarm in one calendar year by a fine of fifty dollars
($50.00).
(4) For the fifth false burglar alarm in one calendar year by a fine of two hundred
dollars ($200.00).
(5) For the sixth and each additional false burglar alarm in one calendar year by a fine
of one hundred dollars ($100.00).
(6) For each violation of section 18-38 by a fine to the alarm monitoring company of
one hundred dollars ($100.00).
(b) An alarm user shall not be fined more than two hundred dollars ($200.00) for false
alarms that occur at the same premises in any twenty -four-hour period.
(c) A hearing officer shall rescind any penalties pursuant to this section if the alarm user
proves during the appeal hearing that:
(1) At the time of the violation, the alarm user was a religious, charitable, or
governmental organization and the property protected by the alarm was being
used exclusively for religious, charitable, or governmental purposes; and
(2) The alarm user has identified the cause of the false alarm. If the cause was
mechanical or electrical, then the user must provide a written report from a
licensed alarm company certifying that repairs have been made, or that measures
were implemented to arrange for required repairs, within thirty (30) days from
issuance of the civil violation notice. If the cause was human error, then the user
must provide a written report documenting that, within thirty (30) days from
issuance of the civil violation notice, the user has implemented an educational
program sufficient to prevent such future human errors and that no similar ones
have occurred since the implementation of the program.
(Ord. No. 99-16, § 1, 9-22-99)
Sec. 18-45. - Enforcement.
This section shall be enforced by the code enforcement provisions of the Code of the City of
Opa-locka.
(Ord. No. 99-16, § 1, 9-22-99)
12NW
NEIGHBORS
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE LS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public
hearings at its Regular Commission Meeting on Wednesday, January 13, 2021 at 7:00 p.m., Sherbondy
Village Auditorium, 215 Perviz Avenue, Opa-Iocka, Florida, to consider the following ordinances for adoption:
SECOND READING ORDINANCES/PUBLIC HEARINGS;
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING AND REPLACING, IN ENTIRETY, ARTICLE IV OF THE CITY OF OPA-LOCKA'S
CODE OF ORDINANCES ENTITLED "STORMWATER UTILITY", SPECIFICALLY AMENDING
SECTIONS 21-190 THROUGH 21-196; CREATING NEW SECTIONS 21-197 THROUGH 20-203;
PROVIDING FOR INTENT; CONSTRUCTION; DEFINITIONS; UTILITY ESTABLISHMENT;
CUSTOMER BASE; UTILITY CATEGORIES; FEE SCHEDULE AND PAYMENT; EXEMPTIONS;
STORMWATER UTILITY ENTERPRISE FUNDS; REQUEST FOR ADJUSTMENT;
PROHIBITIONS; PERMITS, PLAN REVIEWS, INSPECTIONS AND ADMINISTRATIVE FEES;
PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW,
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing
held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING TO CLOSE, VACATE AND ABANDON THE UNDEVELOPED STREET LOCATED
BETWEEN THE PARCEL AT 1990 ALI BABA AVENUE IDENTIFIED BY FOLIO 08-2122-003-2210
AND THE PARCEL IDENTIFIED BY FOLIO 08.2122.003.2200 PURSUANT TO ORDINANCE
14-02, FOR THE DEVELOPMENT OF A RESIDENTIAL USE OF THIS PARCEL IN THE B -O
ZONING DISTRICT AND WITHIN THE CORRIDOR MIXED USE OVERLAY DISTRICT;
PROVIDING FOR APPROVAL; PROVIDING FOR SCRIVENER' S ERRORS; PROVIDING FOR
AN EFFECTIVE DATE (first reading/public hearing held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
REPEALING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES, IN ITS ENTIRETY,
CREATING A NEW CHAPTER TO INCLUDE DEFINITION OF TERMS; PROVIDING FOR THE
REGULATION OF BURGLAR ALARMS; PENALTIES AND FEES FOR NON-COMPLIANCE;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE
(first reading/public hearing held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING ARTICLE 1.5 ENTITLED "CODE OF ETHICS; CONFLICT OF INTEREST" SECTION
2-14 ENTITLED "ORIENTATION OF ELECTED OFFICIALS" TO INCLUDE TRAINING ON
THE ROLES AND RESPONSIBILITIES OF APPOINTED OFFICIALS; PARLIAMENTARY
PROCEDURE; A REVIEW OF THE CITY'S STRATEGIC PLAN; PREPARATION OF AN
ACCOUNTABILITY PLAN FOR CITY MANAGER FOR IIIE UPCOMING YEAR AND A REVIEW
OF MAJOR CHALLENGES FACING THE CITY IN A WORKSHOP SETTING; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (first reading/publlc
hearing held on December 9, 2020).
Additional information on the above items may be obtained by contacting the Office of the City Clerk by
telephone 305-953-2800 or email jfores@opalockafl.gov. To participate or provide comments virtually,
please email publiccomments@opalocka0.gov by 5:00 p.m. on Wednesday, January 13, 2021.
All interested persons are encouraged to participate in this meeting and will be heard with respect to the
public hearings.
in accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations
to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for
assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone
the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish)
or (877)955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency,
or commission with respect to any matter considered at such meeting or hearing will need a record of the
proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal may he based.
Joanna Flores, CMC
City Clerk
City of Opa-Iocka
COVID-19
Miami -Dade Coui
help seniors sche
vaccine appointer
BY MICHELLE MARCHANTE
mmarchante@miamiherald.com
Miami -Dade County has
created a new website to
help seniors, and eventu-
ally the rest of the general
public, find and schedule
COVID-19 vaccination
appointments.
The website
miamidade.gov/vaccine
went live Wednesday and
provides information on
who is currently allowed to
get the COVID-19 vaccine
in Florida, where vaccines
are available in the county
and how people can sched-
ule their vaccination.
Currently, Florida is
giving vaccines to health-
care workers, long-term
care facility residents and
staff, and people 65 and
older, including
snowbirds.
Broward County plans
to open a vaccination site
Sunday at Tradewinds
Park in Coconut Creek
and Vista View Park in
Davie (by appointment
only, www.Broward.
FloridaHealth.gov ).
Vaccination starts by ap-
pointment Tuesday at
Markham Park, 16001 W
State Road 84, Sunrise.
In Miami -Dade, the
Florida Department of
Health is still finalizing its
vaccination plan, which
means that for now, the
places where people can
get COVID-19 vaccines
are limited.
WHERE CAN YOU GET A
COVID-19 VACCINE IN
MIAMI-DADE?
• Mount Sinai Medical
A nurse prepares
Dadeland Hotel r
Wednesday, Dec.
the first COVID-1'
healthcare work€
Center in Miami
scheduling appo.
for first respond'
people 75 and of
hospital will ever
expand its vaccil
target group to p
and older.
To make an al
ment, call 305-6
Monday through
from 8 a.m. to 5
Saturday througl
from 8 a.m. to 1
phone line will b
on New Year's F
• Jackson Hea
is expected to or
online platform
for people 65 an'
request a vaccin,
pointment and ri
call back with th
ment date and ti
The hospital h
planned to only
vaccine to Miam
County resident'
changed course ;
Moskowitz, dire'
state's Division t
gency Managem