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Agenda 09/09-10/2008 Item # 8F II- b b .0 A) - /?F '1-q-08' EXECUTIVE SUMMARY Recommendation that the Board Of County Commissioners approves an amendment to Collier County's False Alarm Ordinance No. 97-8, as amended, and proposed by the Collier County Sheriff's Office, to change whether a deputy "shall" write a violation to "may," to change "attendance" in a program to "participation," to clarify fines and violations and to change Special "Master" to "Magistrate." OBJECTIVE: For the Board of County Commissioners to approve an amendment to Collier County's False Alarm Ordinance No. 97-8, as amended and proposed by the Collier County Sheriff's Office. CONSIDERATIONS: On July 22, 2008, at the Board of County Commissioners meeting, the proposed amendments to the False Alarm Ordinance were approved by the Board. As the ordinance presently stands, there are several words that need to be changed and particular sections that need to be excluded from the ordinance, There is also a need to amend and add to the alarm ordinance in order to enhance a more meaningful registration violation system. Analysis: The False Alarm Bureau is requesting that verbiage in Section Four(a) for written warnings be changed to "may" instead of "shall" since deputies mayor may not be aware if the written warning is a first or subsequent alarm, This change eliminates the need for section four (b). Also, section four (a) pertaining to mailing the warning "by certified mail return receipt requested" needs to be deleted, as this is a procedure that is costly, not utilized and is not necessary. Section six (a) and (b), regarding the False Alarm Prevention Program, needs amending to refer to "programs" and "participation," not "classes" and "attendance," This reflects the current Sheriff's Office Internet False Alarm Bureau's Online education program, Since the program is on-line, the process for paying the fee has changed, creating a deletion to section six (a) in reference the $5.00 administrative cost. The process creates an addition to section six (b) with the $5.00 fee being paid to the Board of Collier County Commissioners. To enhance the enforcement of the registration process, an addition to the ordinance is noted in Section Seven(a) of the False Alarm Fines. An alarm owner, who has not registered by a second false alarm, will be issued a false alarm citation for $25.00 and a registration violation for $25.00. This will allow for a more meaningful fine schedule and will give the alarm owner notice to comply with the false alarm ordinance. The payment for these citations is paid to the Board of Collier County Commissioners, not Code Enforcement (who collects the payment) and is corrected in Section Seven(a). The false alarm fine for a fourth response has been combined with the third response because of redundancy, both are $75.00 fmes. The False Alarm Bureau does not file reports for any alarms, thus creating a deletion for Section Seven(b)(1). The proposed amendments have been legally advertised pursuant to 9 125.66(2), Florida Statutes. This Ordinance is ready for final approval and adoption by the Board of County Commissioners FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMP ACT: There is no Growth Management hnpact associated with this Executive Summary. RECOMMENDATION: For the Board of County Commissioners to approve amending the Collier County's False Alann Ordinance No. 97-8, as amended, as proposed by the Collier County Sheriff's Office. 08-SHF-00064/2 2 ORDINANCE NO. 2008- /+h b ON <;IF q-q-o i . AN ORDINANCE OF COLLIER COUNTY FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 97-8, AS AMENDED, THE FALSE ALARM ORDINANCE; PROVIDING FOR THE TERM "MAY" TO REPLACE THE TERM "SHALL" IN ORDER TO PROVIDE A DEPUTY THE OPTION OF WRITING A VIOLATION; PROVIDING THE TERMS "PROGRAMS" AND "PARTICIPATION" INSTEAD OF "CLASSES" AND "ATTENDANCE"; PROVIDING CLARIFICATION AS TO FINES AND VIOLATIONS; PROVIDING AN AMENDMENT FROM SPECIAL "MASTER" TO "MAGISTRATE"; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about April I, 1997, the Collier County False Alann Ordinance No. 97-8 became effective; and WHEREAS, the False Alann Ordinance is administered by the Collier County Sheriff's Office; and WHEREAS, the Sheriff s Office desires that (1) the civil fines for five or more False Alann violation be increased as specified herein, and (2) that the cited violator may appeal the False A1ann citation to the County's Code Enforcement Special Magistrate; (3) that the Sheriffs Office may refer unpaid False Alann fine violations to the Special Magistrate; and (4) the Special Magistrate may impose a civil fine not to exceed $500 and may file a fine and costs lien against the violator's property as authorized by Chapter 162, Florida Statutes, and by the County's Special Magistrate Ordinance; and WHEREAS, the Sheriff's Office desires that the Deputy's have the option of writing a violation or not, depending on the circumstances and prior history of each incident; and WHEREAS, programs are now offered online and the process for paying the fee has changed, fines and violations need to be clarified; and WHEREAS, all references to Special "Master" should be changed to "Magistrate"; and WHEREAS, the Board of County Commissioners approved all proposed amendments recommended by the Collier County Sheriff's Office on July 22, 2008. Text underlined is added; text SE=ueIE 15raagh is deleted. 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: Collier County Ordinance No. 97-8, as amended, the "Collier County False Alarm Ordinance" is hereby amended as follows: SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOLATIONS (a) First and Secena Subsequent False Alarm. A written warning shall mav be issued for the first and seeena subsequent false alann2 at the respective secured premises. 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 secure premise, or may be left with any adult occupant, employee, or agent of an occupant of an occupied secure premise. Alternatively, the warning may be mailed to any responsible party by regular United States mail, Bm if remmea lHleeliyered, lben mailea B)' certified mail, retllffi receipt relju6sted, or by actual service by any other lawful service of process. ('a) Third BRa Siillsequent False :\lamiG. fill enfereemeftt efficial may issue a citatien ef a false alarm yielatien ef this Oramallce for tile thira er BH)' etiler sllbsequent false alarm that eecurs at that securea premises within 189 aays ef the last false alarm at that profflises. The citatien may Be s6fyea U]3en any reGj'lensiBle paRY BY llB-Y lawful servise ef precess. SECTION SIX: FALSE ALARM PREVENTION PROGRAM (a) The Sheriff's Office will provide !!!1 educational program 6lils5es for the prevention of false a1anns and shall allow individuals to a!teBd participate in any false alann prevention program class. Bash perseB ',','he atteBEIs a false alarm pf6'leOOen pregram slass must pay a fee ef $5,90 te seYer seffle ef tile admiHistmti':e eests. This foe must Be paia befere er at the time ef alt6ftaaaee at the pffigram a1ass. 2 Text underlined is added; text strusk lh<ellgil. is deteled. (b) After atteftaanee at participation in a program class by a person associated with the respective secured premises, the Sheriff's Office shall issue one (1) "Certificate of !.ltl3Raanee Participation" to the credit of that respective secured premise. The certificate. along with a $5.00 fee "aid to the Board of Collier Countv Commissioners. may be used by a representative of the secured premises to void one (1) prior or one (I) future false a1ann, including the penalties that would otherwise result from that false alarm. No certificate~ shall apply to a seventh of!: higher false alarm. The Certificate for credit against a future violation shall expire three hundred and sixty- five (365) days after its issuance date, SECTION SEVEN: FALSE ALARM FINES; EXCEPTIONS (a) False Alarm Fines. A wRlt6H '::aming (far tThe first ana sesefta false alarms) does not require payment of a fine. The second false alarm does not require payment of a fine if the premise is regjstered. If the premise is not regjstered, however. fines may be issued for the second false alarm and also for a registration violation. Aflef When a citation for a thiril ef s$seEjaellt 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 Ge6e Enfar-eemeat Commissioners a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE False Alarm Fine Per False Alarm: First Response" " .. .. ........ IV aming iSGlIea, HNo false alarm fine, Second Response....,,,.,.... Wamffig issaea, HNo false alarm fine, if registered. $25.00 false alarm fine if not registered, plus $25.00 registration fine. Citation issued; $75.00 fine. Third or Fourth Response. . '" Fewth ReSj'lense......., ..... Fifth or Sixth Response,...... Seventh or Eighth Response. Ninth or more Response,., CitatieB iS5l:lea; $75.90 fme. Citation issued; $100 fine. Citation issued, $150 fine. Citation issued, $200 fme. 3 Text Wlderlined is added; text ,wok lhrel>gh is deleled. (b) Exceptions: (1) 180 Days Without a False Alarm. If one hundred 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 eaoh RelleR has BeeR filea aa4-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 shaH does not reqnire ooly a written warning and shall commence a new 180 days time period fei'ffi from subsequent false alarms from that alarm system, (2) New Alarm System Installed: Installation of an entirely new security alarm system at the secured premises, upon written notice of same to the Sheriffs Office and 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 a1arm(s) - "clean slate" status, (3) 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 alarm was set off based upon a reasonable mistake of fact that a crime was then being committed at the secured premises. The responding enforcement official will determine whether there was a reasonable mistake of fact to justify the intentional activation of that alarm signal. If excused, that alarm shall not be counted as a false alarm, 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 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 eollier County Code of Laws and Ordinances, excluding possible imprisol1lllent, 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 Master Magistrate, for enforcement pursuant to the County's Code Enforcement Special 4 Text underlined is added: text slfUek tbreagR is deleted. Master Magistrate Ordinance and Chapter 162, Florida Statutes, including filing liens against the seemed 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 GOOe BaferGemeat Board of Countv Commissioners within the time periods specified in this Ordinance except as may be ordered otherwise by the Special Master Magistrate. Prompt payment of each false alarm [me shall clear and settle that false alarm violation, but shall not affect the duty to file any Registration Form. (c) Fines and Costs Imposed: Fines and costs imposed against a responsible party are to be distributed as follows: Five dollars ($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) Failme 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 Master Magistrate within the thirty (30) days fine payment period, the cited violation can be referred by the Sheriff's Office to the Special Master Magistrate. The Special Master 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 TWO: 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 jnrisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion, 5 Text underlined is added; text s1nlek tBrB1::lga is deleted. 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 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 , 2008. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and Legal sufficiency: Colleen M. Greene Assistant County Attorney 08-SHF.00064 6 Text underlined is added; text ,wok Ihfoagll. is deleted.