Agenda 03/26/2019 Item #17B03/26/2019
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 97-8, as amended, the Collier
County False Alarm Ordinance to allow for service of warnings and citations to be made by text
message or electronic mail. (Sheriffs Request)
OBJECTIVE: To support the enforcement of the Collier County False Alarm Ordinance by the Collier
County Sheriff's Office (CCSO).
CONSIDERATIONS: The Collier County False Alarm Ordinance (Ordinance No. 97-8) was adopted
by the Board of County Commissioners on January 28, 1997 and has been amended from time to time.
The Collier County False Alarm Ordinance is administered by the Collier County Sheriff's Office.
Collier County Sheriff's Office has requested that the Collier County False Alarm Ordinance be further
amended to allow for service of warnings and citations to be made by text message or electronic mail
using the contact information provided by the Owner during the registration process. This information
has typically been collected on the Alarm Registration Form which is required from all registered alarm
owners.
At its March 12, 2019 regular meeting (Item 16-K-7) the Board authorized the County Attorney to
advertise the proposed amendment for future consideration.
FISCAL IMPACT: The cost of advertising was $357.00.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management considerations associated
with this item.
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance
amending Ordinance No. 97-8, as amended, the Collier County False Alarm Ordinance, to allow for
service of warnings and citations to be made by text message or electronic mail.
PREPARED BY: Commander Michael Williams, Collier County Sheriff's Office
Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Ordinance - False Alarms (PDF)
2. Legal Ad - Amendment to False Alarm Ordinance (PDF)
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17.B
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.13
Doe ID: 8310
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 97-8, as
amended, the Collier County False Alarm Ordinance to allow for service of warnings and citations to be
made by text message or electronic mail.
Meeting Date: 03/26/2019
Prepared by:
Title: Legal Assistant/Paralegal — County Attorney's Office
Name: Virginia Neet
03/14/2019 9:16 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
03/14/2019 9:16 AM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Budget and Management Office
County Manager's Office
Board of County Commissioners
Jennifer Belpedio Level 2 Attorney of Record Review
Laura Wells Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Mark Isackson Additional Reviewer
Nick Casalanguida Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed
03/14/2019 4:00 PM
Completed
03/14/2019 4:28 PM
Completed
03/15/2019 9:06 AM
Completed
03/15/2019 12:05 PM
Completed
03/17/2019 8:03 PM
03/26/2019 9:00 AM
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ORDINANCE NO. 2019 -
AN ORDINANCE AMENDING ORDINANCE NO. 97-8; AS AMENDED,
THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING
SECTION FOUR, WARNING OR CITATION OF FALSE ALARM
VIOLATIONS; REVISING SECTION FIVE, FALSE ALARM
REGISTRATION FORMS, PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN 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 ordinance has been
amended from time to time; and
WHEREAS, the Collier County False Alarm Ordinance is administered by the Collier
County Sheriff's Office and upon request and recommendation by that Office, the Board now
wishes to allow for service of warnings and citations to be made by text message or electronic
mail using the contact information provided by the property owner during the registration
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Four of Ordinance 97-8, As Amended.
Section Four of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOLATIONS.
First and Subsequent False Alarm. A �witte warning may be issued for the first and
subsequent false alarms at the respective secured premises. The warning may shall left at the
seetffed pr -e ises ^M ethe ,,A4se delivered to a responsible party via text or electronic mail based
on preferences checked duringthe he registration process. If a warning via text or electronic mail is
not practical or possible, the warning may be left at the secured premises. The waming may be
premises.left at a . . plaee within a vaeant seetife premises, or may—be I -eft. v.44h. any adult.
Alternatively, the
warning may be mailed to any responsible party by regular United States mail, or by actual
service by any other lawful service of process.
SECTION TWO: Amendment to Section Five of Ordinance 97-8, As Amended.
Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION FIVE: FALSE ALARM REGISTRATION FORMS.
Words Underlined are added, Words S4uck Ta otf are deleted.
Page 1 of 2
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(c) Each registration form shall automatically expire seven hundred and thirty (730) days after
its date of issuance and, upon expiration, the responsible party shall renew its registration.
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 Sheriff's False Alarm Unit will
attempt to provide written or electronic notice to the responsible party of the need to renew
that Form.
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 the Ordinance may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: Conflict and Severability.
In the event 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2019.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL, CLERK COLLIER COUNTY, FLORIDA
C
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
Jennifer A. Belpedio tp�
Assistant County Attorney
Words Underlined are added; Words Stmok Tl ough are deleted.
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NOTICE OF PUBLIC HEARING .
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that
a public hearing will be held
by the Collier County Board
of County Commissioners on
March 26, 2019, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East,
Naples. FL., the Board of
County Commissioners (Bcc)
will consider the enactment of
these County Ordinance. The
meeting will commence at 9:00
A.M. The title of the proposed
Ordinance as follows:
AN ORDINANCE AMENDING
ORDINANCE NO. 97-8; AS
AMENDED, THE COLLIER
COUNTY FALSE ALARM
ORDINANCE, BY REVISING
SECTION FOUR, WARNING OR
CITATION OF FALSE ALARM
VIOLATIONS; REVISING
SECTION FIVE, FALSE ALARM
REGISTRATION FORMS,
PROVIDING FORCONFLiCTAND
SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE
DATE.
lyw!All "'.2
A copy of the proposed
Ordinance on file with the
Clerk to the Board and is
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 manager prior to
presentation of the agenda
item to be addressed.
individual speakers will be
limited to 3 minutes on any
item. The selection of any
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
speak on 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 materials "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 materials used
in presentations before
the Board will become a
permanent part of the record.
Any person who decides to
appeal any 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
the 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 Division, located
at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-
5356, (239) 252-8380 at least
two days prior to the meeting.
Assisted listening devices
for the hearing impaired
are available in the Board of
County Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, 1R.,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara,
Deputy Clerk
March 14, 2019 No.2248636
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