Agenda 01/14/2014 Item # 16H11 1/14/2014 16.H.11.
EXECUTIVE SUMMARY
Request to direct the County Attorney to advertise an ordinance for future consideration
that would amend Ordinance No. 97-8, as amended, relating to the Collier County False
Alarm Ordinance.
OBJECTIVE: To obtain the Board of County Commissioners (Board's) authorization to
advertise for future consideration the attached amendment to Ordinance 97-8, as amended, the
Collier County False Alarm Ordinance.
CONSIDERATIONS: Collier County Ordinance 97-8, as amended, allows for imposition of
fines for false alarm occurrences and for the failure of property owners to register their alarm
systems. This amendment places more responsibility on the Alarm Companies by requiring them
to notify their clients of the need to register their systems and to keep records of false alarm
occurrences and provides for penalties on Alarm Companies for violation of the Ordinance.
FISCAL IMPACT: The cost for advertising the proposed ordinance is approximately$400.
GROWTH MANAGMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance amendment has been approved as to
form and legality and requires a majority vote for Board approval -ERP
RECOMMENDATION: That the Board of County Commissioners direct the County Attorney
to advertise the attached proposed ordinance for future consideration which will amend
Ordinance 97-8, as amended, relating to the False Alarm Ordinance.
Submitted By: Commissioner Georgia Hiller, Chair
Attachments: Proposed Ordinance amending Ordinance No. 97-8, as amended
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.11.
Item Summary: Request for authorization to advertise an ordinance for future
consideration that would amend Ordinance No. 97-8, as amended, relating to the Collier
County False Alarm Ordinance.
Meeting Date: 1/14/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/2/2014 9:33:50 AM
Approved By
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1/2/2014 1:50:42 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 1/2/2014 2:45:29 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 8:47:10 AM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 10:37:00 AM
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ORDINANCE NO. 2014 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
97-8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM
ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS;
REVISING SECTION THREE, RESPONSIBILITY FOR SECURITY
ALARM SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE;
REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS;
REVISING SECTION SEVEN, FALSE ALARMS FINES; EXCEPTIONS;
AND REVISING SECTION EIGHT, ENFORCEMENT AND PENALTY
PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 28, 1997, the Board of County Commissioners (Board) adopted
Ordinance No. 97-8, the Collier County False Alarm Ordinance which is administered by the
Collier County Sheriff's Office; and
WHEREAS, the Board subsequently amended Ordinance No. 97-8 by adopting
Ordinance Nos. 2001-56, 2004-48, and 2008-52; and
WHEREAS, the Board desires to further amend Ordinance No. 97-8, as amended, to
establish additional duties and responsibilities for the alarm monitoring and/or installation
companies.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the "Collier County False
Alarm Ordinance"is hereby amended as follows:
SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Two of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the
specified meanings unless another meaning is clearly required by the context:
Alarm Installation Company means a person or entity whose business includes the selling,
providing, maintaining, servicing, repairing, altering, moving or installing Security Alarm
Systems in residential, commercial and/or industrial buildings. Such company must be properly
licensed, as required by law, to conduct business within the unincorporated portions of Collier
County.
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Alarm Monitoring Company means a person or entity whose business includes receiving signals
from Security Alarm Systems for the purpose of relaying related information to third parties,
including law enforcement, for the purpose of initiating a response thereto. Such company must
be properly licensed, as required by law, to conduct business within the unincorporated portions
of Collier County.
Alarm Company means either an Alarm Installation Company or Alarm Monitoring Company as
determined by its use within this Ordinance.
Alarm Registration Form means the form to be filled out and turned in by all Alarm Companies.,
as provided by the Sheriff's Office.
Enforcement official means the Sheriff of Collier County, each deputy sheriff, and/or any
authorized representative or designee of the sheriff.
* * * * * * *
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 official. Excluded are; (1) alarm devices that emit
alarm signals because of unauthorized acts to a vehicle; and (2) systems installed by a telephone
company to protect only the company's telephone equipment.
* * * * * * *
SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Three of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM SYSTEMS AND FALSE
ALARMS; REQUIRED RESPONSE.
(a) Responsibility for Security Alarm Systems. Neither the County, nor the Sheriffs 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 System 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
Sheriffs Office except as then required by federal law, state law, or county ordinance.
(b) Responsibility for False Alarms. Each owner of the secured premises is primarily
responsible under this Ordinance for false alarms at the secured premises. Owners may by lease
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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 Ordinance shall render the owner
responsible for such false alarms and the resulting penalties. Each responsible party is jointly
and severally responsible under this Ordinance for all false alarms at the respective secured
premises.
(c) Any Alarm Installation Company which installs or modifies a Security Alarm System as
specified herein shall provide written and oral instruction to the Owner in the proper use.,
operation and maintenance of the Securi ty Alarm System. Such instructions shall specifically
include all information necessary to turn the Security Alarm System on and off and how to avoid
False Alarms. Installer personnel shall complete an appropriate checklist at the conclusion of
instructions to Owner, and shall certify the same to the Sheriff's Office.
(d) Alarm installations shall not use automatic voice dialers that ring directly into law
enforcement offices, nor shall have any such connections to a telephone line of the Sheriff's
Office or associated department. Should an Alarm Installation Company discover such a
connection they are required to notify the Sheriff's Office of such within 24 hours.
(e) No Alarm Installation Company shall use the Sheriff's Office as the terminal point for
any Security Alarm System without the writtenpermission of the Sheriff's Office.
(f) An Alarm Monitoring Company shall make two (2) attempts to verify each alarm signal .
activation with the registered Owner prior to requesting law enforcement for alarm response.
This clause excludes alarm signals triggered by panic, duress, or hold up alarms.
(g) When reporting alarm activation signals to the law enforcement agency, the Alarm
Monitoring Company shall use only telephone numbers designated by the Sheriff's Office.
(h) When a technician of an Alarm Installation Company or Alarm Monitoring Company sets
off an alarm system while performing an installation or repair, the technician must immediately
inform the Sheriff's Office that an officer does not need to be dispatched. If an officer is
dispatched to a false alarm set by a technician of an Alarm Company, the Alarm Company shall
be fined $50, regardless of whether the Alarm Company called the Sheriff's Office or the call
came from the property owner or a neighbor responding to the alarm.
(i) Alarm Installation Companies and Alarm Monitoring Companies shall ensure that all
respective users of Security Alarm Systems are given adequate initial training on its proper use.
Installers and monitoring companies may also provide any agency-required alarm prevention
courses and/or additional on-site training for users requiring additional training.
(j) Record keeping. An Alarm Monitoring Company shall maintain for a period of at least
one year from the time of an alarm dispatch request, all records relating to that alarm dispatch
request. Such records shall include the name, address and telephone numbers of the Owner, the
Security Alarm System zone activated, the time of the alarm dispatch request, and evidence of
the attempt to verify the alarm signal with the Owner. If such a request is made within sixty (60)
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days of the alarm event, the information shall be provided to the Sheriff's Office within five (5)
business days. If the request is made after sixty C60) days of the event, the information shall be
provided within thirty (30) days.
(k) Alarm Monitoring Companies shall, upon request,provide a list of its active accounts in
Collier County to the Sheriffs Office.
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION FIVE: FALSE ALARM REGISTRATION FORMS.
(a) No Security Alarm System installed on or after November 1, 2001, shall be operated until
a completed Alarm Registration Form has been received by the Collier County Sheriffs Office
False Alarm Unit. It is the sole responsibility of each Alarm Company to register all newly
installed systems. A separate Registration Form is required for each Security Alarm System.
The Registration Form shall be supplied by the Sheriffs Office er to the Alarm Company on a
form supplied by the Sheriffs Office and shall be filled out completely with the required
information. Failure to submit a registration form for each system installed or monitored by the
Alarm Company shall result in a fine of$100.
(b) For each Security Alarm System that was installed at the secured premises prior to
November 1, 2001, the completed Registration Form must be filed not later than five (5) week
days of the first false alarm that occurs after November 1, 2001. It is the sole responsibility of the
Alarm Company to register existing Security Alarm Systems.
(c) Each registration form shall automatically expire -. - .. - - ,. - • - - -
two years after its date of issuance. Each registration renewal must be received by the Sheriffs
False Alarm Unit before the then effective Registration Form expires. A copy of the Registration
Form shall be retained by the applicable Alarm Company for their records. At least thirty (30)
days before the expiration date of each then effective Registration Form, the Sheriffs False•• , .. - - - - •- - - - - •- - - - -- - - . - - • . It is the sole
responsibility of the Alarm Company to re-register all active accounts with complete and up-to-
date information.
(d) No registration form shall be transferred to any other person, entity, or site.
(e) Not later than five (5) week days after each respective change in the registration
information, a r onsible person the Alarm Company that monitors for the respective Security
Alarm System shall mail or otherwise deliver to the Sheriffs Office False Alarm Unit written
notice of all changes that alter any information in the then current Registration Form.
(f) Each Registration Form must include the following information as depicted on the
standard Registration Form furnished by the Sheriffs Office to the Alarm Company:
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(1) The full name(s), mailing address, residence and/or work place telephone number
and email address 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 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 Security Alarm System.
(4) Any dangerous or special conditions present at the secured premises that would be
of value to the safety of security of a responding person or to the secured
premises.
(5) Other information that may assist responding persons in the event that a false
alarm occurs at the secured premises.
(g) 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 supereseded, which as of November 1, 2001, applies to property owned by
or leased to the State of Florida 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.
(h) Failure to register or renew a complete Registration Form by its due date shall be a
separate violation of this Ordinance and shall require prompt payment of a late fee of$ 100.
Late fees are in addition to fines. In addition to the $100, an Alarm Company has 10 work days
from the notice to submit complete and up-to-date information. The failure of the Alarm
Company to submit up-to-date registration is in addition to any fines accrued by the alarm owner
for false alarm occurrences and shall not excuse fines imposed under Section Seven of this
Ordinance.
(i) Failure to pay the fine for failure to register and remedy the violation by timely
submitting up-to-date information, as required under this section, may result in the suspension of
the Alarm Company's occupational license for a period of 60 days.
SECTION FOUR: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Seven of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION SEVEN: FALSE ALARM FINES; EXCEPTIONS.
(a) False alarm fines. The first false alarm does not require payment of a fine. The second
violation. When a citation for a false alarm violation is issued, a responsible party shall, within
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thirty (30) days of the date of the violator's receipt of that citation, pay to the Board of Collier
County Commissioners a false alarm civil fine as follows:
FALSE ALARM FINE SCHEDULE
False Alarm Fine per False Alarm:
First Response No false alarm fine.
Second Response No false alarm fine, if registered.
$25.00 false alarm fine if not registered, plus $25.00 registration
fie.
Third or Fourth Response Citation issued; $75.00 fine.
Fifth or Sixth Response Citation issued; $100.00 fine.
Seventh or Eighth Citation issued; $150.00 fine.
Response
Ninth or more Response Citation issued; $200.00 fine.
* * * * * * *
SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Eight of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION EIGHT: ENFORCEMENT AND PENALTY PROVISIONS.
(a) Incorporation of Section 1-6 of the County Code of Laws and Ordinances. In addition to
all enforcement provisions specified in this Ordinance, and as provided for in Section 125.69,
Florida Statutes, any person, including an Alarm Company, who shall violate any provision of
this section shall, at the election of the County be subject to the enforcement provisions of
Section 1-6 of the Collier County Code of Laws 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, or to the County's Code Enforcement Special Magistrate
for enforcement pursuant to the County's Code Enforcement Special Magistrate Ordinance and
Chapter 162, Florida Statutes, including filing liens against the secured premises.
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(b) 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
party. Fees and fines shall be paid to Collier County Board of County Commissioners within the
time periods specified in this Ordinance except as may be ordered otherwise by the Special
Magistrate. Prompt payment of each false alarm fine shall clear and settle that false alarm
violation, .. _ : s -4 -- . .
(c) Fines and costs imposed. Fines and costs imposed against a responsible party are to be
distributed as follows: $5.00 to Collier County Code Enforcement as an administration fee, and
the balance of the funds of each fine is to be deposited in the fine and forfeitures fund of the
Sheriffs Office to offset the Sheriffs operating budget costs.
(d) Failure to promptly pay fine and costs. If a violator fails to pay the fine and costs
resulting from the cited violation of this Ordinance without filing a written notice of appeal
received by the Special Magistrate within the thirty (30)-day fine payment period, the cited
violation can be referred by the Sheriffs Office to the Special Magistrate. The Special
Magistrate can impose a civil fine against the violator not to exceed five hundred dollars ($500),
plus applicable costs, and can file a lien for the respective fine and costs against the land at
which the violation occurred and upon any other real or personal property owned by the violator,
as then authorized by Chapter 162, Florida Statutes.
SECTION SIX: CONFLICT AND SEVERABILITY
In the event that this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance
is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SEVEN: 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
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or re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.,
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
12-COA-00170/5
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