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Chapter 78 - Law Enforcement Chapter 78 LAW ENFORCEMENT* Article I. In General Sec. 78-1. Combat auto theft. Secs. 78-2-78-25. Reserved. Article II. Jails,Stockades and Other Detention Facilities Sec. 78-26. Sheriff designated chief correctional officer. Secs. 78-27-78-50. Reserved. Article III. Intersection Safety Sec. 78-51. Title. Sec. 78-52. Purpose and intent. Sec. 78-53. Applicability. Sec. 78-54. Use of traffic infraction detectors. Sec. 78-55. Conflict and severability. *Cross references—Departments,§2-136 et seq.;courts,ch.46;emergency services,ch. 50;surcharge on moving violations for intergovernmental radio communications program,§ 130-1. Special act reference—Special acts pertaining to law enforcement,ch. 238. State law references—County sheriff,F.S. ch. 30;jails and jailers,F.S. ch. 950;county and municipal prisoners, F.S. ch. 951. �`' Supp. No. 80 CD78:1 LAW ENFORCEMENT §78-25 ARTICLE I. IN GENERAL in the county sheriffs office combat automobile theft program (CAT) shall comply with the fol- Sec. 78-1. Combat auto theft. lowing regulations: (a) Title and citation. This section shall be (1) Complete and submit a notarized consent known and cited as the "Collier County Combat form for each vehicle enrolled in the Automobile Theft Program Ordinance." program to the county sheriffs office (b) Definitions. The following words, terms crime prevention/outreach division. and phrases, when used in this section, shall (2) At the time of submission of the consent have the meanings ascribed to them in this form, provide the sheriffs office with subsection, except where the context clearly proof of ownership of each vehicle to be indicates a different meaning: enrolled in the program, either certified (1) Administrative fees means the fee paid title or registration certificate will be by the program participant to cover the accepted. costs of implementing and operating this (3) At the time of submission of the consent program. form, provide the county sheriffs office (2) Consent form means a legally binding with personal identification,either in the form, designed by the county sheriffs form of a drivers license or birth certificate. office, in accordance with F.S. § 316.008, Only the certified owner of a vehicle to be to be signed by the owner of the vehicle enrolled may enroll the vehicle into the enrolled in the combat automobile theft program. program. (4) Pay an administrative fee of$1.00 to the (3) Decal means an adhesive emblem county sheriffs office. designed by the county sheriffs office, within the provisions of F.S. § 316.008. (5) At the time of enrollment,the decal must (4) Owner means the legally recorded holder be immediately affixed to the lower left of the title of a motor vehicle able to corner of the back window of the vehicle. apply for a certificate of title or duplicate (6) Upon selling, or otherwise transferring certificate of title or register or transfer ownership of the vehicle, the registered title to a motor vehicle. owner shall remove the decal. (5) Vehicle means a conveyance meeting the description of a motor vehicle as defined (7) Upon terminating participation in the program, the registered owner shall in F.S. ch. 316. remove the decal. (c) Findings and purpose. In order to enable law enforcement personnel patrolling the county (8) Upon selling, transferring ownership of to better detect potential automobile thieves in the vehicle,or upon terminating participa- the act of stealing or transporting stolen vehicles tion in the combat automobile theft and to reduce the incidence of lost property, the program(CAT),the registered owner shall board of county commissioners finds it necessary notify the county sheriffs office via the to enact this article to protect the public health, self-addressed post card provided at the safety and welfare. time of enrollment. (Ord. No. 91-8, §§ 1-4) (d) Program regulations. Once signed, the Cross reference—Offenses and miscellaneous provi- consent form will be kept on file with the county lions,ch. 94. sheriffs office and serve as written authOriza State law reference—Combat auto theft programs,F.S. tion to stop the vehicle designated on the form §316.008(6). between the hours of 1:00 a.m. through 5:00 a.m. All persons wishing to enroll a vehicle,or vehicles, Secs. 78-2-78-25. Reserved. Supp. No. 80 CD78:3 §78-26 COLLIER COUNTY CODE ARTICLE II. JAILS, STOCKADES AND ARTICLE III. INTERSECTION SAFETYt OTHER DETENTION FACILITIES* Sec. 78-51. Title. Sec. 78-26. Sheriff designated chief cor- This Ordinance shall be known and may be rectional officer. cited as the "Collier County Intersection Safety Ordinance". (a) Findings. The provisions of F.S. § 951.061 (Ord. No. 2010 25, § 1) provide that the board of county commissioners, Sec. 78-52. Purpose and intent. by majority vote, may adopt an ordinance designating the sheriff as the chief correctional The purpose of this Ordinance is to implement officer of the county correctional system and the Mark Wandall Traffic Safety Act,as amended further provides that he shall appoint such from time to time, in order to promote, protect officers as he deems necessary and as are required and improve the health, safety and welfare of by rule of the department of corrections. individuals and protect property within unincorporated Collier County. (b) Designation. Pursuant to the provisions of (Ord. No. 2010-25, § 2) F.S. § 951.061, the county sheriff is hereby designated as the chief correctional officer of the Sec. 78-53. Applicability. county correctional system, which includes the This Ordinance shall apply to,and be enforced county jail and the Immokalee Stockade; and he pp y shall appoint such officers as he deems neces in, all unincorporated areas of Collier County, sary and as are required by rule of the depart- Florida. ment of corrections. (Ord. No. 2010-25, § 3) Sec. 78-54. Use of traffic infraction detec- (c) Duties. The sheriff or his designee shall tors. enforce all existing state laws and administra- tive rules of the department of corrections concern- Collier County hereby exercises its option ing the operation and maintenance of the county under the Mark Wandall Traffic Safety Act and jail and the county stockade. F.S. §§ 316.008 and 316.0083 (2010), to use (Ord. No. 89-81, §§ 1, 2) traffic infraction detectors within its jurisdiction to enforce the State of Florida Uniform Traffic Code. The County Manager is authorized to Sec. 78-27. Reserved. implement the provisions and requirements of Editor's note—Ord. No. 2018-47,§ 1,adopted Sept. 25, the Mark Wandall Traffic Safety Act,as amended 2018, repealed § 78-27 entitled "Gain time for prisoners," from time to time, within this jurisdiction in which derived from Ord. No. 76-24, §§ 1-6. coordination with the Sheriff. (Ord. No. 2010-25, § 4) Sec. 78-28. Reserved. Sec. 78-55. Conflict and severability. Editor's note—Ord. No. 2012-33,§ 1,adopted Sept. 11, 2012,repealed§78-28,entitled"Sale of canned goods",which In the event this Ordinance conflicts with any derived from:Laws of Fla. ch. 63-581, § 1;Laws of Fla. ch. other ordinance of Collier County or other 65-1026, § 1;Laws of Fla. ch. 71-29. applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any tEditor's note—Ord. No. 2010-25, §§ 1-5, adopted Secs. 78-29-78-50. Reserved. June 22,2010,repealed the former Art. III,§§78-51-78-59, and enacted a new Art. III as set out herein. The former Art. *State law reference—County detention facilities, F.S. III pertained to similar subject matter and derived from: §951.23. Ord. No. 08-22, §§ 1-9;and Ord. No. 2009-54,§ 1. Supp. No. 80 CD78:4 LAW ENFORCEMENT §78-55 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 2010-25, § 5) Supp. No. 80 CD78:5 1 LAW ENFORCEMENT §78-56 (6) If the vehicle driver was reasonably re- shall notify the vehicle's owner of the civil fine, quired to violate the applicable traffic and prosecutorial costs as applicable, all of which control device to protect valuable tangible shall be paid in full to the county's code enforce- property and/or to prevent physical injury ment department not later than the 21-day time (or death) to any individual; limit. (7) If the person or entity noticed for the (c) Suspension of county privileges. A noticed violation was not the owner of the vehicle vehicle owner who fails to pay in full the applica- as "owner" is defined in this article; ble civil fine, and, if applicable, any costs within (8) If the appeal is based upon any other the applicable 21-day time period, shall thereby valid reason the vehicle owner in good lose that vehicle owner's privilege to obtain (or faith believes justifies the special magis- renew) every Collier County Tax Collector local trate voiding the noticed violation; or business tax receipt issued to such owner (indi- vidual or entity) and shall also thereby lose that (9) If the special magistrate finds there exists owner's privilege to obtain other licenses and/or any other valid reason why the noticed permits issued by Collier County. The owner can violation should be voided by order of the summarily reinstate all such lost privileges by special magistrate. paying in full all such fines and costs. If the (Ord. No. 08-22, § 4) applicable fines and costs are not pp paid in full Sec. 78-55. Penalties. within the applicable 21-day time period, the special magistrate may place a lien on such of the (a) Civil fine; costs. Each Section 78-53 viola- vehicle owner's property as then authorized by tion, above, issued pursuant to this Article shall F.S. ch. 162, and/or by then applicable Collier be a civil, noncriminal ordinance violation for County Code Enforcement Ordinance(s). The lien which a civil fine in the amount of sixty-two and amount, including any accrued interest, and all 50/100 dollars ($62.50) shall be assessed against costs actually incurred by the county and/or the the vehicle's owner for the first violation, a civil special magistrate regarding the lien shall be fine in the amount seventy-five dollars ($75.00) paid in full before the lien is released or is shall be assessed for the second violation within otherwise voided. The county may also elect to any five-year period, and a one hundred dollar enforce all such fines and costs by civil action in ($100.00)civil fine shall be assessed for the third the nature of debt. and any subsequent violation by the vehicle's owner within any five-year period. The civil fine (d) No driver's points and no effect on any must be paid in full (be received by the County's driving privilege. As, violations of this article are Code Enforcement Department)not later than 21 ordinance violations and not conviction(s) of any days after the vehicle owner's receipt of the Notice motor vehicle law,no violation of this article shall of Code Violation, unless the owner files an ap result in any points, as provided in F.S. § 322.27, peal that is actually received by the County's or otherwise, nor be any basis for suspension or Code Enforcement Department,not later than 21 revocation of any driving privilege. days after the vehicle owner's receipt of such (Ord. No. OS 22, § 5; Ord. No. 2009 54, § 1) notice. The civil fines may be amended by resolu- tion of the Board of County Commissioners. Sec. 78-56. Notice of code violations. (b) Costs. If the appeal does not result in the (a) Issuance of notice of code violation. The noticed violation being voided by order of the Collier County Sheriffs Office (CCSO) may law- special magistrate, then not later than 21 days fully issue, or cause to be issued the notice of after receipt of written notice from the special violation. Each decision to issue or not issue a magistrate,the vehicle's owner must pay the civil notice of violation to the vehicle's owner pursuant fine, plus all prosecutorial costs incurred by the to this article shall be made by a traffic control county and/or the special magistrate. By order of infraction review officer, or designee, after his or the special magistrate, the special magistrate her review of recorded image(s)as recorded by the Supp.No. 27 CD78:7 in.078-56 COLLIER COUNTY CODE traffic violation photographic system. The traffic that traffic control infraction review of- control infraction review officer,or designee,shall ficer to conclude that the noticed violation also verify that the traffic control monitoring was committed at the cited date,time and system/devices which captured the recorded im- intersection; ages was functioning properly at the time the recorded images were captured. The recorded (9) A statement of the 21-day time limit within image shall be sufficient grounds to issue a notice which the vehicle owner may file an ap- of violation. peal and a brief description of the appeal process; and (b) Contents of notice of code violation. The notice issued for the violation listed in section (10) A statement that if the vehicle's owner 78-53, above, shall be by a standard form notice fails to pay the civil fine in full or fails to approved by the Collier County Sheriffs Office timely appeal the violation(s), the owner and by the county attorney's office, which notice shall thereby be deemed to;(i)have waived should include the following information: all rights to dispute that violation; (ii) to thereby admit the violation; and (iii) fail- (1) The name and mailing address of the ure to pay all applicable fines, and costs owner of the vehicle as of the date the as applicable, can result in loss of privi- noticed ordinance violation was commit- leges and imposition of liens pursuant to ted; this article. (2) The make, model, year and registration of notice o(c) Deliverycode violation. The number of such vehicle; f notice of code violation shall be delivered to the (3) The subsection of this article that was vehicle owner by certified mail, proper postage violated; prepaid, and properly addressed to the mailing (4) The date, time and intersection of the address of the individual who (or entity that) is violation; then listed as the titled owner by the applicable agency of whatever State of the United States, (5) A copy of the recorded image(s) of the country or territory where the respective vehicle violation as recorded by the traffic viola- was registered as of the date of the noticed tion photographic system, including a re- violation. If there is more than one such listed corded image that identifies the letters owner,the notice can be delivered to only one such and numbers on the vehicle's license plate listed owner.The county shall have the right,but and the state, country or territory shown not any obligation,to serve the notice by personal on that license plate; service upon one owner at any proper place of (6) The monetary amount of the civil fine and personal service or may otherwise elect to serve the deadline date such fine must actually one owner by any other means then authorized by be received by the county's code enforce- law. ment department; (Ord. No. 08-22, § 6) (7) The mailing address of the code enforce- ment department to which the fines must Sec. 78-57. Obligations of vehicle owner;ap- be delivered by or on behalf of the vehicle's peals to special magistrate. owner, and the name of the payee to facilitate payment by money order, check (a) Upon receipt of a notice of code violation, or other negotiable instrument; the noticed owner may contest the notice by filing an appeal that is actually received by the county's (8) A statement that the signing traffic con- code enforcement department not later than 21 trol infraction review officer reviewed and days after the vehicle's owner received such no- thereby observed the recorded image(s) tice. A code enforcement department employee evidencing the violation, and that those shall note on the appeal the date and time of images constituted reasonable grounds for receipt of that appeal. Supp.No.27 CD78:8 LAW ENFORCEMENT §78-59 (b) The appeal must include the owner's name, of this article that occurs prior to noon of the day mailing address and phone number, and must that is 60 days after the effective date of this state in clear,meaningful detail all grounds upon article. which the violation is being contested by the (Ord. No. 08-22, § 8) appeal. The grounds for appeal are listed in section 78-54, above. Sec. 78-59. Conflict and severability. (c) The code enforcement department shall In the event this article (ordinance) conflicts promptly refer the appeal to a special magistrate. with any other ordinance of Collier County or The special magistrate shall endeavor to schedule other applicable law, this article shall apply and the appeal hearing within 60 days after the spe- supersede. If any phrase or portion of this article cial magistrate's receipt of the appeal (provided is held invalid or unconstitutional by any court of the appeal was actually received by the county's competent jurisdiction, such portion shall be code enforcement department not later than 21 deemed a separate,distinct and independent pro- days after the vehicle owner's receipt of the notice vision and such holding shall not affect the valid- of code violation).The special magistrate by order ity of the remaining portions. may summarily dismiss the appeal with prejudice (Ord. No. 08-22, § 9) if the appeal does not comply with any require- ment listed in subsections (a) or (b), above. (d) The recorded images shall be admissible at the hearing for all purposes. The traffic control infraction review officer may testify at the hear- ing. Lir (e) If upon appeal the noticed violation is not voided by order of the special magistrate, the owner shall pay in full the civil fine,plus all costs actually incurred by the county and/or special magistrate resulting from that appeal. The civil fine and applicable incurred costs must be deliv- ered in full to the county's code enforcement department not later than 21 days after the owner's receipt of the special magistrate's order that states the noticed code violation was not voided by the special magistrate,and shall specify the applicable civil fine, and applicable incurred costs,if any.All of the special magistrate's orders, letters and other papers,etc.,can be mailed to the vehicle owner by ordinary U.S. mail,proper post- age prepaid, addressed to the owner's mailing address as listed in the owner's appeal, which mailing shall be sufficient receipt by the vehicle's owner. (Ord. No. 08-22, § 7) Sec. 78-58. Sixty-days' grace period. The respective reviewing traffic control infrac- tion review officer, or the CCSO designee, by ordinary U.S. mail, is authorized to mail to the vehicle owner a "courtesy notice" of the violation Supp.No.27 CD78:9 Chapters 79-81 RESERVED CD79:1