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ORDINANCE RELATING TO CRIME PREVENTION AND SECURITY; PROVIDING STANDARDS FOR ILLUMINATING ALLEYS AND PARKING LOTS FROM DUSK TO DAWN; PROVIDING DEFINITIONS AND APPLICATION TO THE INCORPORATED AND UNINCORPORATED AREAS; PROVIDING APPLICATION TO EXISTING BUILDINGS AND EXEMPTIONS; PROVIDING CIVIL PENALTIES; CREATING CHAPTER 8C, CODE OF MIAMI-DADE COUNTY; REPEALING CERTAIN SECTIONS OF CHAPTER 36, SOUTH FLORIDA BUILDING CODE RELATING TO LIGHTING; AMENDING CHAPTER 8CC, CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 8C of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
CHAPTER 8C

INTRUSION AND BURGLARY SECURITY; ILLUMINATION

Sec. 8C-1. Provisions for and illumination to be as set forth in chapter and South Florida Building Code.

This chapter prescribes requirements for illumination for open parking lots, alleys and access thereto and parking under or within buildings for all buildings and structures regulated by the South Florida Building Code. References to occupancies in this chapter are adopted from the South Florida Building Code.


Sec. 8C-2. Application, enforcement, and exemptions.

The provisions of this chapter shall apply to the incorporated and unincorporated areas of Miami-Dade County. It is provided, however, that the municipalities may enact more restrictive regulations than set forth in this chapter. The enforcement of this chapter shall be the responsibility of the local building official. Except for occupancies existing prior to January 1, 1997, as provided in Section 8C-4 below, and except for certain exemptions for government facilities as expressly provided herein, Section 8C-3 below shall apply to existing occupancies as well as those constructed subsequent to the effective date of this chapter.

Sec. 8C-3. Illumination for open parking lots, alleys and access thereto and parking and nonenclosed areas under or within buildings.

(a) Generally:

Open parking lots, alleys, and access thereto shall be illuminated as set forth below. For purposes of this paragraph, alley is defined as a narrow vehicular thoroughfare up to twenty-five (25) feet in width upon which service entrances or buildings abut and not generally used as a thoroughfare for general traffic; provided, however, alleys shall not include public rights-of-way.

(b) Group A, B, C and J occupancies:

(1) Open parking lots and access thereto shall be provided with a maintained minimum of 1 foot-candle on the parking surface from dusk until dawn; provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and commencing 30 minutes after the termination of business on each operating day. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(2) Parking and nonenclosed areas under or within buildings at grade shall be provided with a maintained minimum of 1 foot-candle of light on the parking and walking surfaces from dusk until dawn and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1); provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and 30 minutes after the termination of business one each operating day. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(3) Alleys shall be provided with a maintained minimum of 1/3 foot-candle on the alley surface from dusk to dawn. The uniformity ratio shall not exceed a twelve to one (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(c) Groups D, E and F occupancies:

(1) Open parking lots and access thereto shall be provided with a maintained minimum of 0.5 foot-candle on the parking surface from dusk until dawn; provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and commencing 30 minutes after the termination of business on each operating day. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles.

(2) Alleys shall be provided with a maintained minimum of 1/3 foot-candle on the alley surface from dusk to dawn. The uniformity ratio shall not exceed a twelve to one (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(3) Parking and nonenclosed areas under or within buildings at grade shall be provided with a maintained minimum of 1 foot-candle of light on the parking and walking surfaces from dusk until dawn and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1) provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and commencing 30 minutes after the termination of business on each operating day. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(4) The area immediately outside of exterior doors shall have security illumination and shall be activated during the dark period of every day.

(d) Group G occupancies:

(1) Open parking lots and access thereto shall be provided with a maintained minimum of 1.0 foot-candle on the parking surface from dusk until dawn; provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and commencing 30 minutes after the termination of business on each operating day. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles.

(2) Alleys shall be provided with a maintained minimum of 1/3 foot-candle on the alley surface from dusk to dawn. The uniformity ratio shall not exceed a twelve to one (12:1) maximum to minimum foot-candles. This provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(3) Parking and nonenclosed areas under, or within buildings shall be provided with a maintained minimum of 1 foot-candle of light on the walking and parking surfaces from dusk until dawn, and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1); provided, however, the lighting level may be reduced by fifty percent (50%) on non-business days and commencing 30 minutes after the termination of business on each operating day. It is provided, however, that this provision shall not apply to governmental facilities not generally open to the public, and shall apply to those governmental facilities that are generally open to the public only during the dusk-to-dawn hours such facilities are open.

(4) The area immediately outside of exterior doors shall have security illumination and shall be activated during the dark period of every day.

(e) Group H occupancies:

(1) Open parking lots and access thereto shall be provided with a maintained minimum of 1.0 foot-candle on the parking surface from dusk until dawn. The uniformity ratio shall not exceed a twelve to one ratio (12:1) maximum to minimum foot-candles. Alleys shall be provided with a maintained minimum of one-third (1/3) foot-candle on the alley surface from dusk to dawn.

(2) Parking and nonenclosed areas under, or within buildings shall be provided with a maintained minimum of 1 foot-candle of light on the walking and parking surfaces from dusk until dawn, and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1).
Sec. 8C-4. Illumination requirements for occupancies authorized prior to January 1, 1997.

Any occupancy receiving a certificate of occupancy prior to January 1, 1997 shall not be required to meet the illuminating requirements for open parking lots and access thereto as set forth in Section 8C-3. It is provided, however, that such occupancies shall provide open parking lots and access thereto with a maintained minimum of one-third (1/3) foot-candle of light on the parking surface from dusk to dawn and the ratio of maximum to minimum illumination in foot-candles shall not exceed twelve to one (12:1).

Section 2. Chapter 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: 1
* * *
Sec. 8CC-10. Schedule of civil penalties.
* * *
Code Section
Description of Violation
Civil Penalty
* * *
Sec. 8-1. South Florida Building Code Violations:
* * *
[[� 3604.2:
Failure to illuminate parking lots, alleys and access thereto for Groups A, B, C, and J occupancies.
$ 500.00
� 3604.3:
Failure to illuminate parking lots, alleys and access thereto for Group D occupancy
$ 500.00
� 3604.4:
Failure to illuminate parking lots, alleys and access thereto for Groups E and F occupancies
$ 500.00
� 3604.5:
Failure to illuminate parking lots, alleys and access thereto for Group G occupancies
$ 500.00
� 3604.6:
Failure to illuminate parking lots, alleys and access thereto for Group H occupancies
$ 500.00]]
>>8C-3
Failure to illuminate parking lots, alleys and access thereto
$ 500.00

Section 3. Chapter 36 sections 3604.2(a) through (d), 3604.3(b) through (e), 3604.4(c) through (e) and (k), 3604.5(c) through (e) and (k) and 3604.6(d) through (f) of the South Florida Building Code are hereby repealed in their entirety. The remaining provisions of this Chapter may be renumbered or relettered to accomplish such intention.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 7. This ordinance does not contain a sunset provision.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.