Chapter 5 - Alarm Systems Chapter 5
ALARM SYSTEMS
Article I. In General
Secs. 5-1-5-20. Reserved.
Article II. False Alarms
Sec. 5-21. Title.
Sec. 5-22. Definitions.
Sec. 5-23. Responsibility for security alarm systems and false alarms;
required response.
Sec. 5-24. Warning or citation of false alarm violations.
Sec. 5-25. False alarm registration forms.
Sec. 5-26. False alarm prevention program.
Sec. 5-27. False alarm fines; exceptions.
Sec. 5-28. Enforcement and penalty provisions.
Supp.No. 13 CD5:1
ALARM SYSTEMS §5-22
ARTICLE I. IN GENERAL False alarm means activation of a security
alarm signal caused by something other than an
Secs. 5-1-5-20. Reserved. actual or attempted forced or unauthorized entry
into or forced or unauthorized exit from the
secured premises, and which signal results in a
ARTICLE II. FALSE ALARMS law enforcement response. There shall be a
rebuttable presumption that a security alarm
Sec. 5-21. Title. signal is a false alarm whenever an enforcement
officer responds to an alarm signal and the
This article is titled and should be cited as the responding officer determines that the alarm
"Collier County False Alarm Ordinance." signal was triggered by;(a)a cause other than an
(Ord. No. 97-8, § 1, 1-28-97;Ord. No. 01-56, § 1, attempted or actual forced or unauthorized entry
10-23-01) into or forced or unauthorized exit from the
secured premises;or(b)by intentional activation
Sec. 5-22. Definitions. of that alarm signal based upon a good faith,
As used herein,the following terms shall have reasonable mistake that a crime was being com
the specified meanings unless another meaning mitted at the secured premises.
is clearly required by the context: Official response means when any enforce-
Alarm Company means either an Alarm Instal- ment officer responds by traveling to a secured
lation Company or Alarm Monitoring Company premises in response to a security alarm signal
as determined by its use within this Ordinance. from that premises.
Alarm Installation Company means a person Owner means owner of the secured premises,
or entity whose business includes the selling, including each co-owner of co owned property,
providing,maintaining,servicing,repairing,alter- including, and not limited to, each tenant by the
ing,moving or installing Security Alarm Systems entireties, each joint tenant, and each tenant in
in residential,commercial and/or industrial build- common.
ings. Such company must be properly licensed, Premises means any residence, any building
as required by law, to conduct business within or structure, and any apartment, office,
the unincorporated portions of Collier County. condominium, or any other unit thereof.
Alarm Monitoring Company means a person Responsible party means; (a) each owner; (b)
or entity whose business includes receiving signals each 18 years or older occupant of the secured
from Security Alarm Systems for the purpose of premises; (c) each tenant and each subtenant;
relaying related information to third parties, and(d)other persons or entities,if any,that have
including law enforcement, for the purpose of by written agreement with the owner agreed to
initiating a response thereto. Such company be responsible for false alarms emitted from that
must be properly licensed, as required by law, to secured premises.
conduct business within the unincorporated por-
tions of Collier County. Secured premises means the premises intended
to be protected by the security alarm system.
Alarm Registration Form means the form to
be filled out and turned in by all responsible Security alarm malfunction means emission
of any alarm signal caused by mechanical failure,
parties or an electronic format in which the
applicable data is supplied, as provided by the improper system design, equipment malfunc
Sheriffs Office. tion, improper maintenance or lack of
maintenance, power failure or power surge, or
Enforcement official means the Sheriff of Col- other substantially similar cause. Malfunctions
Tier County, each deputy sheriff, and/or any do not include any accidental activation of the
authorized representative or designee of the alarm signal by an action that the system was
sheriff. designed to be triggered by.
Supp. No. 76 CD5:3
L§5-22 COLLIER COUNTY CODE
Security alarm system means any alarm device written agreement assign that primary
that is used to emit a signal to alert persons of an responsibility to persons or entities that occupy
attempted or actual forced entry into or forced or the secured premises, or to managers of the
unauthorized exit from the secured premises, secured premises; however, failure of any such
and which system emits a signal (electrical non-owner to fully comply with any warning or
impulse and/or tone)to prompt an official response citation under this Ordinance shall render the
from any Collier County enforcement official. owner responsible for such false alarms and the
Excluded are; (1) alarm devices that emit alarm resulting penalties. Each responsible party is
signals because of unauthorized acts to a vehicle; jointly and severally responsible under this
and(2)systems installed by a telephone company Ordinance for all false alarms at the respective
to protect only the company's telephone equip- secured premises.
ment.
(c) Any Alarm Installation Company which
Signal means a power impulse or audible tone installs or modifies a Security Alarm System as
emitted from a security alarm system which specified herein shall provide written and oral
indicates that a true or false alarm has occurred. instruction to the Owner in the proper use,
operation and maintenance of the Security Alarm
Vacant means premises that are not physi- System. Such instructions shall specifically
cally occupied by any responsible adult at any include all information necessary to turn the
time during an official response by an enforce- Security Alarm System on and off and how to
ment officer. avoid False Alarms. Installer personnel shall
(Ord. No. 97-8, § 2, 1-28-97;Ord. No. 01-56, § 2, complete an appropriate checklist at the conclu-
10-23-01; Ord. No. 2014-07, § 1; Ord. No. 2017- sion of instructions to Owner, and shall certify
32, § 1) the same to the Sheriffs Office.
LSec. 5-23. Responsibility for security alarm (d) Alarm installations shall not use automatic
systems and false alarms; voice dialers that ring directly into law enforce-
required response. ment offices,nor shall have any such connections
to a telephone line of the Sheriffs Office or
(a) Responsibility for Security Alarm Systems. associated department. Should an Alarm Instal-
Neither the County, nor the Sheriff's Office, nor lation Company discover such a connection they
any member of either shall have or assume any are required to notify the Sheriffs Office of such
responsibility for the installation, repair, within 24 hours.
maintenance, operation, or effectiveness of any
security alarm system not then owned by Collier (e) No Alarm Installation Company shall use
County. Responsibilities for false alarms emitted the Sheriffs Office as the terminal point for any
by the respective Security Alarm System rest Security Alarm System without the written
solely,jointly and severally,with each responsible permission of the Sheriffs Office.
party. Each active Security Alarm System in (f) An Alarm Monitoring Company shall make
unincorporated Collier County must always have two (2) attempts to verify each alarm signal
at least one (1) responsible party. No person or activation with the registered Owner after request-
entity shall maintain any Security Alarm System ing law enforcement for alarm response. This
that automatically dials the statewide emergency clause excludes alarm signals triggered by panic,
telephone number(currently"911"),or any other duress, or hold up alarms.
telephone number assigned to the Sheriffs Office
except as then required by federal law,state law, (g) When reporting alarm activation signals
or county ordinance. to the law enforcement agency,the Alarm Monitor-
ing Company shall use only telephone numbers
(b) Responsibility for False Alarms.Each owner designated by the Sheriffs Office.
of the secured premises is primarily responsible
under this Ordinance for false alarms at the
secured premises. Owners may by lease or other
Supp. No. 76 CD5:4
ALARM SYSTEMS §5-25
(h) Prior to initiating the installation, repair alarms at the respective secured premises. The
or testing of an Alarm System, the Alarm warning shall be delivered to a responsible party
Company shall inform the Sheriffs Office of such via text or electronic mail based on preferences
work, and if possible, shall take the Alarm checked during the registration process. If a
offline prior to doing so. When a technician of an warning via text or electronic mail is not practi-
Alarm Installation Company or Alarm Monitor- cal or possible, the warning may be left at the
ing Company sets off an alarm system while secured premises. Alternatively, the warning
performing a test, installation or repair, the may be mailed to any responsible party by
technician must immediately inform the Sheriffs regular United States mail, or by actual service
Office that an officer does not need to be by any other lawful service of process.
dispatched. If an officer is dispatched to a false (Ord. No. 97-8, §4, 1-28-97;Ord. No. 01-56, § 4,
alarm set by a technician of an Alarm Company 10-23-01; Ord. No. 04-48, § 1;Ord. No. 2008-52,
due to the failure to abide by this paragraph,the § 1, 9-9-08; Ord. No. 2019-04, § 1)
Alarm Company shall be fined fifty dollars
($50.00). Sec. 5-25. False alarm registration forms.
(i) Alarm Installation Companies and Alarm
Monitoring Companies shall ensure that all (a) No Security Alarm System installed on or
respective users of Security Alarm Systems are after November 1,2001,shall be operated until a
given adequate initial training on its proper use. completed Alarm Registration Form has been
received by the Collier County Sheriffs
Installers and monitoring companies may also Office
False Alarm Unit. A separate Registration Form
provide any agency-required alarm prevention
courses and/or additional on-site training for is required for each Security Alarm System. The
users requiring additional training. Registration Form shall be supplied by the
Sheriffs Office to the responsible party and shall
(j) Record keeping. An Alarm Monitoring be filled out completely with the required informa-
Company shall maintain for a period of at least tion.
one year from the time of an alarm dispatch
request,all records relating to that alarm dispatch (b) For each Security Alarm System that was
request. Such records shall include the name, installed at the secured premises prior to
address and telephone numbers of the Owner, November 1, 2001, the completed Registration
the Security Alarm System zone activated, the Form must be filed not later than five (5) week
time of the alarm dispatch request,and evidence days of the first false alarm that occurs after
of the attempt to verify the alarm signal with the November 1, 2001.
Owner. If such a request is made within sixty
(60) days of the alarm event, the information (c) Each registration form shall automatically
shall be provided to the Sheriffs Office within expire seven hundred and thirty(730)days after
five (5) business days. If the request is made its date of issuance and, upon expiration, the
after sixty(60)days of the event,the information responsible party shall renew its registration.
shall be provided within thirty(30) days. Each registration renewal must be received by
Alarm Monitoring Companies shall, upon the Sheriffs False Alarm Unit before the then-
(k) effective Registration Form expires. A copy of
request, provide a list of its active accounts in the Registration Form shall be retained by the
Collier County to the Sheriffs Office within five applicable Alarm Company for their records. At
(5) business days. least thirty (30) days before the expiration date
(Ord. No. 97-8, § 3, 1-28-97;Ord. No. 01-56, § 3, of each then-effective Registration Form, the
10-23-01; Ord. No. 2014-07, § 2) Sheriffs False Alarm Unit will attempt to provide
Sec. 5-24. Warning or citation of false alarm written or electronic notice to the responsible
violations. party of the need to renew that Form.
First and Subsequent False Alarm. A warning (d) No registration form shall be transferred
may be issued for the first and subsequent false to any other person, entity, or site.
Supp. No. 83 CD5:5
5-25 COLLIER COUNTY CODE
(e) Not later than five (5) week days after (h) Failure for a responsible party to register
each respective change in the registration informa- or renew a complete Registration Form by its due
tion, the responsible party for the respective date shall be a separate violation of this Ordinance
Security Alarm System shall mail or otherwise and shall require prompt payment of a late fee of
deliver to the Sheriffs Office False Alarm Unit $25.00. Late fees are in addition to fines.
written notice of all changes that alter any (Ord. No. 97-8, § 5, 1-28-97;Ord. No. 01-56, § 5,
information in the then-current Registration Form. 10-23-01; Ord. No. 2014-07, § 3; Ord. No. 2017-
32, § 2;Ord. No. 2018-26, § 1;Ord. No. 2019-04,
(f) Each Registration Form must include the § 2)
following information:
(1) The full name(s), mailing address, Sec. 5-26. False alarm prevention program.
residence and/or work place telephone (a) The sheriffs office will provide an
number and email address(if applicable) educational program for the prevention of false
of at least one responsible person regard- alarms and shall allow individuals to participate
ing the respective Security Alarm System in any false alarm prevention program.
at that Secured Premises.
(b) After participation in a program by a
(2) The name,mailing address,and telephone person associated with the respective secured
number of at least one authorized premises, the sheriffs office shall issue one
individual representative of a responsible "certificate of participation" to the credit of that
person who can be immediately notified respective secured premises. The certificate,along
in the event of a false alarm or any with a $5.00 fee paid to the Board of Collier
emergency at that secured premises. County Commissioners, may be used by a
(3) If applicable to the secured premises,the representative of the secured premises to void
name and 24-hour telephone number(s) one prior,or one future false alarm,including the
of the individual or entity monitoring the penalties that would otherwise result from that
respective Security Alarm System. false alarm. No certificates shall apply to a
seventh or higher false alarm. The certificate for
(4) Any dangerous or special conditions pres- credit against a future violation shall expire 365
ent at the secured premises that would days after its issuance date.
be of value to the safety of security of a (Ord. No. 01-56, § 6, 10-23-01; Ord. No. 04-48,
responding person or to the secured § 1; Ord. No. 2008-52, § 1, 9-9-08)
premises.
Sec. 5-27. False alarm fines;exceptions.
(5) Other information that may assist
responding persons in the event that a (a) False alarm fines. The first false alarm
false alarm occurs at the secured premises. does not require payment of a fine. The second
false alarm does not require payment of a fine if
(g) Information contained in the registration the premises is registered. If the premise is not
application form is confidential and is exempt registered, however, fines may be issued for the
from public disclosure to the extent authorized second false alarm and also for a registration
in F.S. § 281.301, as now or hereafter amended violation. When a citation for a false alarm
or superseded, which as of November 1, 2001, violation is issued, a responsible party shall,
applies to property owned by or leased to the within thirty(30)days of the date of the violator's
State of Florida or any of its political subdivi- receipt of that citation, pay to the Board of
sions, including Collier County, and to every Collier County Commissioners a false alarm civil
other public or private agency, person, partner- fine as follows:
ship, corporation, or business entity acting on
behalf of any public Agency as now or hereafter
defined in, or incorporated by reference into F.S.
§ 119.011(2).
Supp. No. 83 CD5:6
ALARM SYSTEMS §5-28
False Alarm Fine Schedule premises. The responding enforcement
False Alarm Fine Per False Alarm: official will determine whether there was
a reasonable mistake of fact to justify the
First Response No false alarm fine. intentional activation of that alarm signal.
If excused,that alarm shall not be counted
Second Response No false alarm fine if as a false alarm.
registered. $25.00 false
alarm fine if not (Ord. No. 97-8, § 6, 1-28-97;Ord. No. 01-56, § 7,
registered,plus$25.00 10-23-01; Ord. No. 04-48, § 1;Ord. No. 2008-52,
registration fine.
§ 1, 9-9-08; Ord. No. 2014-07, § 4; Ord. No.
Third or Fourth Response Citation issued;$75.00 2017-32, § 3)
fine.
Fifth or Sixth Response Citation issued;$100.00 Sec. 5-28. Enforcement and penalty provi-
fine. sions.
Seventh or Eighth Citation issued;$150.00 (a) Incorporation of Section 1-6 of the County
Response fine. Code of Laws and Ordinances. In addition to all
Ninth or more Response Citation issued;$200.00 enforcement provisions specified in this Ordinance,
fine. and as provided for in F.S. § 125.69, any person
who shall violate any provision of this section
(b) Exceptions. shall, at the election of the County be subject to
the enforcement provisions of Section 1-6 of the
(1) One hundred eighty days without a false Collier County Code of Laws and Ordinances,
alarm. If 180 days pass without a false excluding possible imprisonment, except for
alarm from the respective alarm system, contempt of court. Violations of this Ordinance
a "clean slate" status shall be automati- may be referred by the Sheriff to the Code
cally granted to that system if all false Enforcement Board, or to the County's Code
alarm fines arising out of every prior Enforcement Special Magistrate for enforcement
false alarm for that system have been pursuant to the County's Code Enforcement
paid. The first false alarm after "clean Special Magistrate Ordinance and Chapter 162,
slate" status does not require a written Florida Statutes, including filing liens against
warning and shall commence a new 180 the secured premises.
days time period from subsequent false
alarms from that alarm system. (b) Joint and severable responsibility to pay
(2) New alarm system installed. Installation fees and fines. All fees and/or fines charged
of an entirely new security alarm system under this Ordinance shall be an obligation
at the secured premises, upon written owned jointly and severally by each responsible
notice of same to the sheriffs office and party. Fees and fines shall be paid to Collier
all prior false alarm fines and late fees County Board of County Commissioners within
are paid, shall be classified as a new the time periods specified in this Ordinance
system and shall be treated as an alarm except as may be ordered otherwise by the
system that had no prior false alarm(s), Special Magistrate. Prompt payment of each
"clean slate" status. false alarm fine shall clear and settle that false
alarm violation, but shall not affect the duty to
(3) Good faith mistake of crime being corn- file any Registration Form.
mitted.No person shall violate this article
by intentionally setting off a security (c) Fines and costs imposed. Fines and costs
alarm signal to prompt an official response imposed against a responsible party are to be
if that alarm was set off based upon a distributed as follows: $5.00 to Collier County
reasonable mistake of fact that a crime Code Enforcement as an administration fee, and
was then being committed at the secured the balance of the funds of each fine is to be
Supp. No. 72 CD5:7
§5-28 COLLIER COUNTY CODE
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 30-day fine pay-
ment 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 ($500.00), 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 F.S.
Ch. 162.
(Ord. No. 97-8, § 7, 1-28-97;Ord. No. 01-56, § 8,
10-23-01;Ord. No. 04-48, § 1;Ord. No. 2008-52,
§ 1, 9-9-08; Ord. No. 2014-07, § 5; Ord. No.
2017-32, § 4)
Loy Supp. No. 72 CD5:8