Ordinance 2001-056ORDINANCE NO. 2001-
AN ORDINANCE AMENDING COLLIER
ORDINANCE 'NO. 97-8, THE FALSE
COUNTY~&.o&
AIJARM ~
ORDINANCE; ELIMINATING FALSE AIJARM REPORT
FORMS; REQUIRING AN ANNUAL REGISTRATION
FORM FOR EACH FALSE Al~ARM SYSTEM;
ELIMINATING FINE FOR SECOND FAI~SE Al.ARM;
AUTHORIZING NOTICE TO APPEAR IN COURT FOR
SIXTH OR SUBSEQUENT FALSE ALARMS; PROVIDING
FOR FALSE ALARM PREVENTION EDUCATIONAL
PROGRAM CLASSES AND CERTIFICATES OF
ATTENDANCE; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE WITH A DEFERRED
ENFORCEMENT DATE OF NOVEMBER 1, 2001.
WHEREAS, as of April 1, 1997, the Collier County False Alarm Ordinance
became effective; and
WHEREAS, the initial False alarm Ordinance provided that False Alarm Report
Forms had to be filed to report each False Alarm; and 5~:~
WHEREAS, the False Alarm Ordinance is administered by the
and
WHE~AS, The Shenfffs Offices desires to ehm~nate such repor~;~andz:~:
WHEREAS, Thc SherifFs Offices desires that fines 6~r False Alar~$~oOe
applied until the third or subsequent filse ala~ occurs at the respective S~ured Pre~ses
and that a notice to appear for a mandatory court appearance not be authorized until the
sixth or higher False Alarm occurs at the respective Secured Premises; and
WHEREAS, the Sheriff's Office desires to institute and maintain an educational
program that false alarm users may attend to learn to better prevent false alarms; and
WHEREAS, a "Certificate of At}endancc" at a false alarm prevention class can be
credited to the respective Secured Premises to void one past or future false alarm incident
except for a sixth or higher False Alarm at such Premises; and
WHEREAS, the Board of County Commissioners accepts all amendments
recommended by the Sheriff's Office.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
Ordinance No. 97-8, the Collier Counq, I aisc Alarm Ordinance" is hereby amended as
fi)iloxvs:
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SECTION ONE: Collier County Ordinance No. 97-8, the "Collier County False Alarm
Ordinance" (codified as Article 5 of thc County's Code of Laxvs and Ordinances) is
hereby amended as follo~vs:
SECTION ()NE: This Ordinance is titled and should be cited as the "Collier County
False Alarm Ordinance."
SECTION TWO: DEFINITIONS.
As used herein, thc following terms shall have thc specified meanings unless
another meaning is clearly required by thc context:
Enforcement official means the Sheriff of Collier County, each Deputy sheriff,
and/or any authorized representative or designee of the Sheriff.
False alarm means activ:tti(/n of a security alarm signal caused by something other
than an actual or attempted fortSed or unauthorized entry into or forced or unauthorized
exit from the secured premises, and which signal results in a law enforcement response.
There shall be a rebuttable presumption that a security alarm signal is a false alarm
whenever an enforcement officer responds to an alarm signal and the responding officer
determines that the alarm signal xvas triggered by (a) a cause other than an attempted or
actual forced (ir unauthorized entry into or forced or unauthorized exit from the secured
premises, or (b) by intentional activation of that alarm signal based upon a good faith,
reasonable mistake that a crime was being committed at the secured premises.
Official response means xvhcn an), enforcement officer responds by traveling to a
secured premises in response to a security alarm signal fi, om that premises.
Owner means owner of the secured premises, including each co-owner of co-
owned property, including, and not limited to, each tenant by the entireties, each joint
tenant, and each tenant in common. "
Premises means any residence, any building or stn~cture, and any apartment,
office, condominium, or any other unit thereof.
Responsible party means (a) each owner, (b) each 18 years or older occupant of
the secured premises, and (c) each tenant and each subtenant, and (d) other persons or
entities, if any, that have by written agreement with thc owner agreed to be responsible for
false alarms emitted from that secured premises.
Secured Premises means thc premises intended to he protected by the security
alarm system.
Security alarm malfunction means emission of any alarm signal caused by
mechanical failure, improper system desigm, equipment malfunction, improper
maintenance or lack of maintenance, power failure or poxver surge, or other substantially
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similar cause. Malfunctions do not include any accidental activation of the alarm signal by
an action that the system xvas designed to be triggered by.
Security alarm system means any alarm device that is used to emit a signal to alert
persons of an attempted or actual forced entry into or forced or unauthorized exit from
the secured premises, and which system emits a signal (electrical impulse and/or tone) to
prompt an official response from any Collier County enforcement officer. Excluded are
(1) alarm devices that emit alarm signals because of unauthorized acts to a vehicle, and (2)
systems installcd 1)y a telephone company to protect only the company's telephone
equipment.
Signal means a power impulse or audible tone emitted from a security alarm
system which indicates that a true or false alarm has occurred.
Vacant means premises that are not physically occupied by any responsible adult at
any time during an official response by an enforcement officer.
SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM SYSTEM AND
FALSE ALARMS; REQUIRED RESPONSE.
(a)
Responsibility for Security Alarm Systems. Neither the County, nor the
Sheriff's Office, nor any member of either shall have or assume any
responsibility for the installation, repair, maintenance, operation, or
effectiveness of any security alarm system not then owned by Collier County.
Responsibilities for false alarms emitted by the respective security alarm
system rest solely, jointly and severally, with each responsible party. Each
active security alarm systcm in unincorporated Collier County must always
have at least one (1) responsible party. No person or entity shall maintain
any security alarm system that automatically dials the statewide emergency
telephone number (currently "911"), or any other telephone number
assigned to the Sheriff's Office except as then required by federal law, state
law, or county ordinance.
Responsibility For Valse Alarms. Each owner of the secured premises is
primarily rcsp()nsiblc under this ()rdinancc fi)r false alarms at thc secured
premises. Owners may by lease or other written agreement assign that
primary responsibility to persons or entities that occupy the secured
premises, or to managers of the secured premises; however, failure of any
such non-owner to fully comply with any warning or citation under this
()rdinancc shall render the owner responsible for such false alarms anti thc
rcsulting penalties. Each responsible party is jointly and severally
Text underlined is added; text o~ .... ~. ~ ..... ~,r. is deleted.
responsible under this Ordinance for all false alarms at the respective
secured premises.
SECTION FOUR: WARNING OR CITATION OF FALSE Al.ARM
VI()I.ATI()NS.
(a) First and Second False Alarm. A written warning shall be issued for the first
and second false alarm at the respective t~at secured premises, v~'~,icl', occura
~c~. ,4.~ ~cc~,-;..~ .~ .... c a.;~ r~..~; ..... The warning may be left at the
secured premises or otherwise delivered to a responsible party. The warning
may be left at a conspicuous place within a vacant secured premises, or may
be left with any adult occupant, employee, or agent of an occupant of an
occupied secured premise. Alternatively, the warning may be mailed to any
responsible party by regular United States mail, but if returned undelivered,
then mailed by certified mail, return receipt requested, or by actual service by
any other lawfifi service of process.
(b) Third Second and Subsequent False Alarms. An enforcement official may
issue a citation of a false alarm violation of this Ordinance for the third
· acc~md or any other subsequent false alarm that occurs at that secured
premises within 180 days of the last false alarm at that premises. The
citation may be served upon any responsible party by any lawful service of
process.
(c) For the sixth or more false alarms at the secured premises, a "Notice to
Appear" (in Court) can be issued, which "Notice" shall require prompt payment of
a $100 fine or a mandatory court appearance. If the $100 fine is paid by its due
clare, the mandatory court appearance will thereby be cancelled. Failure to pay the
$100 fine by its due date will require thc specified mandatory court appearance
unless otherwise continued or excused. The Judge or other trier of fact can impose
a fine from $100 to $300 plus other applicable costs.
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SECTION HVE: FALSE Al,ARM REGISTILATION FORMS,
(c)
/.1\
(2) TI ~.~.~
1....1.~
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(a)
(c)
No Securi~ Alarm System inst~lled on or ~ter November ], 200], sh~ll b~
operated until ~ completed Alarm Re~str~tion I';o~ h~s been received by
the Collier Coun~ 5heri~Vs O~fice E~lse AI~ Unit. A separate
Re~str~tion Form is required ~or e~ch secuh~ ~l~rm system. The
Re~stration Form shall be supplied by the Shefifffs Office or the ala~
company and shall be fillet{ out completely ~th the required info~afion.
For each securi~ ala~ system that was installed at the secured premises
prior to November 1, 2001, the completed Re~strafion Fo~ must be filed
not later than five (5) week days of the first false ala~ that occurs after
November 1, 2001.
Each Re~strafion Fo~ shall automatically expire three hundred and six~-
five (365) days after its date of issuance. Each rc~strafion renewal must be
received by the Shcfifes False Alarm Unit before the then effective
Re~stration Form expires. At least thir~ (30) days befdre the expiration
date of each then effective Re~strafion Fo~, the Sheriff's False Ala~ Unit
x~ll attempt to provide written notice of the need to renew that Fo~.
No Re~stration Form shall be transferred to any other person, entiw, or site.
Not later than five (5) week days after each respective change, a responsible
person for the respective securi~ alarm system shall mail or othe~se
deliver to the Shcfif~s Office False Alarm Unit written notice of all changes
that alter any information in the then current Registration Form.
Each Registration Form must include the following information:
(1) The full name(s), mailing address, residence and/or work place
telephone number of at least one responsible person regarding the
respective security alarm system at that secured premises.
(2) The name, mailing address, and telephone number of at least one (1)
authorized individual representative of a responsible person who can
be immediately notified in the event of a false alarm or any emergency
at that secured premises.
(3) If applicable to the secured premises, the name and 24-hour
telephone number(s) of the individual or entity monitoring the
respective securiB, alarm system.
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(4) Any dangerous or special conditions present at the Secured Premises
that would he of value m the safety of security of a responding person
or to the secured prctnises.
(5) ()ther infi)rmation that may assist responding persons in the event
that a false alarm occurs at the secured premises.
Information contained in the registration application form is confidential
and is exempt from public disclosure to the extent authorized in Section
281.301, Florida Statutes, as now or hereafter amended or superceded,
which as of November 1, 2001, applies to property owned by or leased to
the State of Horida or any of its political subdivisions, including Collier
County, and to every other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public Agency as.
now or hereafter defined in, or incorporated by reference into, Subsection
119.011 (2), Florida Statutes.
Failure to register or renew a complete Registration Form by its due date
shall be a separate violation of this Article and shall require prompt
payment of a late fee of $25.00. l~ate fees are in addition to fines.
SECTION SlX: FAI,SE AI,ARM PREVENTION PROGRAM.
(a) The Sheriff,s Office will provide educational program classes for the
prevention of false alarms and shall allow individuals to attend any false alarm prevention
program class. Each person who attends a false alarm prevention program class must pay
a fee of $5.00 to cover some ()f the administrative costs. This fee must be paid before or
at the time of attendance at thc program class.
(b) After attendance at a program class by a person associated with the
respective secured premises, the Shcriff'~ Office shall issue one (1) "Certificate of
Attendance" to the credit of that respective secured premise. The certificate may be used
by a representative of the secured premises to void one (1) prior or one (1) future false
alarm, including the penalties that would otherwise result from that false alarm. No
certificate shall apply to a sixth or h. igher false alarm.
SECTI()N ~ SEVEN: I;AI,SE AI,Al*dM FINES; EXCEPTIONS.
(a) l:alsc Alarm Fines. ,-\ xvrittcn xvarning (for the first and second false alarms)
docs not require payment of a fine. After a citati(m for a third acco, nd or
subsequent false Mann violation is issued, a responsible party shall, within
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thirty (30) days of the date of that alarm, pay to the Clerk of the Courts a
false alarm civil fine as follows:
FALSE ALARM FINE SCHEDULE
Number of False Alarms Within a 180 Day Period
False Alarm Fine Per False Alarrn:
First Response. t '~ .... p.:,_ D ...... Warning issued, no false alarm fine.
Second Response .... ........ Fa'',.~ ,~,,,-" ....... ~,,~,' .... ~='=, o.~ .,~.~'~ Warning issued, no false ~la~ fine.
Third Response ............
...... ~ .... Citation issued; $75.00 fine.
Fourth Response ...........
........ ~ .... ~ .... Citation issued; $75.00 fine.
TN ........... D ........... llil~ D
Fifth Response ................... Citation issued; $75.00 fine.
Sixth or more Responses .......Notice to Appear issued and a $100, 00 fine if the
fine is paid on time. Timely payment of thc $100.00 fine cancels that mandatory
court appearance. Mandatory court appearance can result in a fine of not less than
$100 nor more than $300.00 at the discretion of the trier of fact.
(b).
Exceptions:
(l) 180 l')ays \Vith()ut a I;alsc Alarm.
(2)
(3)
If one 1)undred eighty (180) days pass
without a false alarm from the respective alarm system, a "clean slate"
status shall be automatically granted to that system if each Report has
been filed and all false alarm fines arising out of every prior false alarm
for that system have been paid. The first false alarm after "clean slate"
status shall require (rely a written warning and shall commence a new
180 day time period form sui)sequent false alarms from that alarm
system.
New Alarm System Installed. Installation of an entirely new security
alarm system at the secured premises, upon written notice of same to the
Sheriff's Office anti all prior false alarm fines and late fees are paid, shall
be classified as a new system and shall be treated as an alarm system that
had no prior false alarm(s) -"clean slate" status.
Good Faith Mistake of Crime Being Committed. No person shall
violate this Ordinance by intentionally setting off a security alarm signal
to prompt an official response if that was alarm set off based upon a
reasonable mistake of fact that a crime was then being committed at the
sccurcd premises. Thc responding enforcement official will determine
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whether there was a reasonable mistake of fact to justify that intentional
activation of that alarm signal. If excused, that alarm shall not be
counted as a false alarm.
SECTION SEVEN EIGHT. ENFORCEMENT AND PENALTY PROVISIONS.
(a)
(c)
Incorporation of Section 1-6 of the Count), Code of Laws and Ordinances.
In addition to all enforcement provisions specified in this Ordinance, and as
provided for in Section 125.69, Florida Statues, any person who shall violate
any provision of this Ordinance shall, at the election of the County, be
subject to the enforcement provisions of Section 1-6 of the Collier County
Code of l,aws and Ordinances, excluding possible imprisonment, except for
contempt of court. Violations of this Ordinance may be referred by the
Sheriff to the Code Enforcement Board fi~r enforcement pursuant to
Chapter 162, .Florida Statutes, including filing liens against the secured
premises.
Joint and Severable Responsibility to Pay Fees and Fines. All fees and/or
fines charged under this Ordinance shall be an obligation owned jointly and
severally by each responsible part5,. Fees and fines shall be paid to the Clerk
of Court within the time periods specified in this Ordinance except as may
be ordered otherwise by a trial judge. Prompt payment of each false alarm
fine shall clear anti settle that false alarm violation, but shall not affect the
duty to file any ~ ........... ~: ....t:~i,.~ a~_~ D ...... g)
, ....... ~,,.,.,~ ................... ~ .... Re stration Form.
Fines and Costs Imposed by Court. Fines and costs imposed against a
responsible party are to be distributed as follows: Five 17c, ur dollars ($4~
($5.00) to the Clcrk of the Courts as an administration fee, and the balance
of the funds of each fine is to be deposited in the fine and forfeitures fund
of thc Sheriff's Office to offset the Sheriff's operating budget costs.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event that this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the moi'e restrictive shall apply. If any phrase or portion
of this Ordinance is held invalid ()r unconsnmtionai by any court of competent
jurisdiction, such portion shall be deemed separate, distinct and independent provision
and such holding shall not affect thc validity of thc remaining portion.
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SECTION THREE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of this 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 FOUR: EFFECTIVE DATE -ENFORCEMENT DEFERRED.
This Ordinance shall become effective upon filing with the Florida Department of
State, but shall not be enforced until 12:01 A.M. on the 1"' day of November, 2001.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this o~.3&-'-~) day of tO~"r'D~ E~ ,2001.
,,'" ,e ' 1';.%~,~ %
(~14~:~5, :'..'lt[~'~-.~ -to C~t~n ~)H.~ER COUNT~,.
~i ¢~ .' ~ -~ .[/,3: ,~.-, ... - : ~ / ~ I~
'" ~'c,~}~/~tI~?~'i?k JAMES ~CARTEIL Ph.D., CHAIRMAN
Approved as to fi~rm and
l,cgal sufficiency:
Thomas (2. P~alrnlcr -
Assistant County Attorney
This ordin~r'c:v "'~ ~ '^,;th the
Secretory of $<:',::.'s Office the
d~oy of ~, ~/
and acknowledgement of that
filing received thistly
of ~ ~
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............. s,, is deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-56
Which was adopted by the Board of County Commissioners on
the 23rd day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th day
of October, 2001
IGHT E. BROCK ~,~,~ ..... ~ ..
Clerk of
Ex-officio
County
By: Teri MichaeI'J,"....