Agenda 02/25/2014 Item #17C2/25/2014 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 97 -8, as amended,
relating to the Collier County False Alarm Ordinance.
OBJECTIVE: To amend the False Alarm Ordinance in order to make Alarm Companies more
responsible for registering clients and keeping records.
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.
At its January 14, 2014 regular meeting (Item 16 -H -11) the Board of County Commissioners
authorized the County Attorney to advertise the proposed ordinance for future consideration.
This item was continued from the February 11, 2014 meeting to allow review and input from the
Sheriff's Office which is reflected in the attached highlighted version of the proposed ordinance.
The proposed amendments also provide for an October 1, 2014 effective date to allow time for
the Sheriff to budget for the proposed changes.
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 adopts of the attached
Ordinance amending 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
Proposed Ordinance with Sheriff's additions highlighted
12 -COA- 00170/11
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 97 -8,
as amended, relating to the Collier County False Alarm Ordinance.
Meeting Date: 2/11/2014
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
1/30/2014 8:41:49 AM
Submitted by
Title: County Attorney
Name: KlatzkowJeff
1/30/2014 8:41:51 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 1/30/2014 2:55:22 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst, Office of Management & Budget
Date: 1/30/20144:32:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:12:40 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2014 9:47:10 AM
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28D H Wednesday, January 29, 2014 D N A P L E S DAILY
NEWS
0.,.
C.
NOTICE IN MEETING NATIC�
NOTICE OF INTENT.TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 11, 2014, in the Boardroom, 3rd
Floor, Administration Building, .Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M
The title of the proposed Ordinance is as follows:
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;
-PROVIQING 4 .0&,INCLUSION, IN THE CODE OF LAWS AND ORDINANCES,,_ D
FO
PROVIDING R AN EFFE lVE DATE.
Copies of the' proposed Ordinance are on file with the:- Clerk to the Board and aie
available for Inspection. All interested parties are invited to attend and be heard...
NOTE: All persons wishing to speak on any agenda item -must register with the.
County administrator prior, to presentation -of the, agenda item to be addressed.'
individual speakers will be limited to 3 minutes on any item. The selection of an'
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a'group or organization may be
allotted 10 minutes to speakon an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written_ material intended to be considered by the.
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any.person who decides to appeal a decision of the Board will need a.record of the;
proceedings pertaining thereto and therefore, may need to ensure that a. verbatim
record of the proceedings is made, which record includes testimony 'and evidence
upon which the appeal is based.
If.you are a person with a disability who needs any accommodation in order to
participate in this - proceeding, you are entitled, at no cost -to you, to the provision.
of certain assistance. Please contact the Collier County Facilities .Management,
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa. Cannon, Deputy Clerk
rCFAI I .
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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 Sheriffs 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. 974, 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
Svstems 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.
Text underlined is added; text struel:�l} is deleted.
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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
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 Rerstration Form means the form to be filled out and turned in by all Alarm Companies
or an electronic format in which the applicable data is supplied 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 sjwem 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 o€f ee 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
safely, 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.
Text underlined is added; text s4*ek-1h -1}} is deleted.
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(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
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) Anv Alarm Installation Companv which installs or modifies a Security Alarm Svstem as
specified herein shall provide written and oral instruction to the Owner in the proper use,
operation and maintenance of the Security 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 Sheriffs Office.
(d) AIarm 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 Sheriffs Office of such within 24 hours.
(e) No Alarm Installation Company shall use the Sheriffs Office as the terminal point for
anv Security Alarm System without the written permission 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 after 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 Sheriffs Office.
(h) Prior to initiating the installation, repair or testing of an Alarm System, the Alarm
Company shall inform the Sheriffs Office of such work, and if possible, shall take the AIarm
offline prior to doing so. When a technician of an Alarm Installation Company or Alarm
Monitoring Company sets off an alarm system while performing a test. installation or repair, the
technician must immediately inform the Sheriffs 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
due to the failure to abide by this paragraph. the Alarm Company shall be fined fifty dollar
(S50.00).
(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.
Text underlined is added; text str -usli thFough is deleted..
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(i) 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 Svstem 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 sixtv (60)
days of the alarm event the information shall be provided to the Sheriffs Office within five (5)
business days. if the request is made after sixty (60) 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 within five (5) business days
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 97 -8,
AS AMENDED.
Section Five oi'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, or in a format, 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 Svstems.
(c) Each registration form shall automatically expire th ee hundfed and sixty five (365) days
two vears 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
days be4;3fe the expir-ation Elate ef eaeh then effeetive Registration PaRn. the Sher4Ps False
---e Of the fleed to fenew t . It is the sole
responsibility of the Alarm Company to re- register all active accounts with complete and up -to-
date information based on initial expiration dates supplied by the Sheriffs Office
(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 res,,ensible person the Alarm Companv that monitors fer the respective Security
Text underlined is added, text r rueln, gn is deleted.
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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 Sheriff s Office to the Alarm Company:
(1) The full name(s), mailing address, residence and /or work place telephone number
and email address (if applicable) 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 $245100.
r a4e fees ^ in addi6&„ *^ me 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 Companv's Collier County contractor's license for aperiod of 60 days
(j) An Alann Company shall not charge a fee in excess of ten dollars ($10.00) for the
registration and re- registration of systems if an Alarm Company decides that a fee is necessary
to cover the administrative costs of registration. However upon charging such fee to the
customer. the Alarni Companv shall provide a statement to the customer that the charge is for
their service and there is no registration fee charged by Collier County or the Sheriff s Office
Text underlined is added. text stasiF -� is deleted.
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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 seeefid
false alarm does not r- I ' I -nt of a fine if the premise is registered. If the pr-efnise is not
fegistefed, heAveveF, fines may be iSsuead fq-;: the seeend false alann and also �qr- a registration
vielalien- -When a citation for a false alarm violation is issued, a responsible party shall, within
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 r- egistere
Third or Fourth Response
Citation issued; $75.00 fine.
Fifth or Sixth Response
Citation issued; $100.00 fine.
Seventh or Eighth
j Response
Citation issued; $150.00 fine.
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,
6
Text underlined is added; text stFuek thfough is deleted.
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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.
(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, brit hall tie! a ff et the duty to file any n egi + t F
(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
Sheriff's Office to offset the Sheriff's 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
7
Text underlined is added: text st f � ; - is deleted.
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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
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 October 1, 2014.
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 TOM HENNING, CHAIRMAN
Appro,y, to form and legality:
Jeffrey A. Kfatzko,,N,
County', Attorney
8
Text underlined is added; text str-ueli through is deleted.
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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 Sheriffs 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
or an electronic format in which the applicable data is supplied 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 effiee 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 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 System in
unincorporated Collier County must always have at least one (1) responsible parry. 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
or other written agreement assign that primary responsibility to persons or entities that occupy
A
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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 Security 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 Sheriffs
Office or associated department. Should an Alarm Installation Company discover such a
connection they are required to notify the Sheriffs 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 written permission 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 after 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 Sheriffs Office.
(h) Prior to initiating the installation, repair or testing of an Alarm System, the Alarm
Company shall inform the Sheriffs Office of such work, and if possible, shall take the Alarm
offline prior to <doing so. When a technician of an Alarm Installation Company or Alarm
Monitoring Company sets off an alarm system while performing a test, installation or repair, the
technician must immediately inform the Sheriffs 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
due to the failure to abide by this paragraph, the Alarm Company shall be fined fifty dollar
($50.00).
(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.
(i) 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) AMP
business days. If the request is made after six (t 60) 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 Sheriff's Office within five (5) business days
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 Sheriff's 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 of to the Alarm Company on a
form, or in a format, 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 three kunaied and r
sixty five (;65) d
sixty aY6
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 t-Wro, (U)�
p +e :.de T44e otiee of the iieed + e that Feffn. It is the sole
�r r
responsibility of the Alarm Company to re- register all active accounts with complete and up -to-
date information based on initial expiration dates su plp ied by the Sheriff's Office
(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, aei}e �ei�ee the Alarm Company that monitors 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:
L,
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(1) The full name(s), mailing address, residence and /or work place telephone number
and email address (if applicable) 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 119.01 l (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 $224100.
1 ate fi °s ° ° in addi fieH +° fi+w 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 Collier County contractor's license for a period of 60 days.
(j) An Alarm Company shall not charge a fee in excess of ten dollars ($10.00) for the
registration and re- registration of systems, if an Alarm Company decides that a fee is necessary
to cover the administrative costs of registration. However, upon charging such fee to the
customer, the Alarm Company shall provide a statement to the customer that the charge is fo
their service and there is no registration fee required by Collier County or the Sheriff's Office.
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.
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(a) False alarm fines. The first false alarm does not require payment of a fine
. .. _ . 9 ..... .....� .10— ..,. gnmittutgn
viel�en —When a citation for a false alarm violation is issued, a responsible party '0 shall, within
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 fa4se alafm fine W =.-Qt .—tefed, plus -25.00 -TC srracrvn
Rine.
Third or Fourth Response
Citation issued; $75.00 fine.
Fifth or Sixth Response
Citation issued; $100.00 fine.
Seventh or Eighth
Response
Citation issued; $150.00 fine.
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
Col
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for enforcement pursuant to the County's Code Enforcement Special Magistrate Ordinance and
Chapter 162, Florida Statutes, including filing liens against the secured premises.
(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, .
(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
7
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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 EIGHT: EFFECTIVE DATE
This Ordinance shall become effective October 1, 2014.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2014.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
12 -COA- 00170/14
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
8
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