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Ordinance 2008-52 ~~~ 9 ~'t) ;0 !! ORDINANCE NO. 2008- _52 ... ~~ , t:: ~ ~ ~.&.. AI ~ OF COLLIER COUNTY FLORIDA, AMENDING ~~"...~ OLLIER 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 1, 1997, the Collier County False Alarm Ordinance No. 97-8 became effective; and WHEREAS, the False Alarm Ordinance is administered by the Collier County Sheriffs Office; and WHEREAS, the Sheriffs Office desires that (1) the civil fines for five or more False Alarm violation be increased as specified herein, and (2) that the cited violator may appeal the False Alarm citation to the County's Code Enforcement Special Magistrate; (3) that the Sheriffs Office may refer unpaid False Alarm 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 ~F; g r- -(., co WHEREAS, the Sheriffs Office desires that the Deputy's have the option lff?wri~ a-ll :::- .. -u violation or not, depending on the circumstances and prior history of each incident; a~E.' :.:n i= r....-; ~ WHEREAS, programs are now offered online and the process for paying iffi~..~ fe~asrn changed, fines and violations need to be clarified; and ~;~~ ~; 0 .....,....-.". WHEREAS, all references to Special "Master" should be changed to "Magistrat~~}~~cf; WHEREAS, the Board of County Commissioners approved all proposed amendments recommended by the Collier County Sheriffs Office on July 22,2008. Text underlined is added; text struck throligh 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 Second Subsequent False Alarm. A written warning shall may be issued for the first and second subsequent false alarm~ 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, but if returned undelivered, then mailed by certified mail, return receipt requested, or by actual service by any other lawful service of process. (b) Third and Subsequent False Alarms. ,^..n enforcement official may issue a citation of a false alarm violation of this Ordinance for the third or any other subsequent false alarm that occurs at that secured premises '.vithin 180 days of the last false alarm at that premises. The citation may be served upon any responsible party by any lawful service of process. SECTION SIX: FALSE ALARM PREVENTION PROGRAM (a) The Sheriffs Office will provide an educational program classes for the prevention of false alarms and shall allow individuals to attefld participate in any false alarm prevention program", class. Each person who attends a false alarm prevention program class must pay a fee of $5.00 to cover some of the administrati'le costs. This fee must be paid before or at the time of attendance at the program class. 2 Text underlined is added; text struck through is deleted. (b) After attendance at participation in a program elass by a person associated with the respective secured premises, the Sheriffs Office shall issue one (1) "Certificate of f...ttendance Participation" to the credit of that respective secured premise. The certificate, along with a $5.00 fee paid to the Board of Collier County Commissioners, may be used by a representative of the secured premises to void one (1) prior or one (1) future false alarm, 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 \vritten warning (for tIhe first and second false alarmsj does not require payment of a fine. The second false alarm does not require payment of a fine if the premise is registered. If the premise is not registered, however, fines may be issued for the second false alarm and also for a registration violation. Mef When a citation for a third or subsequent 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 Gede Enforcoment Commissioners a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE False Alarm Fine Per False Alarm: First Response........... ..... 'Naming issued, nNo false alarm fine. Second Response. . . . . . . . . .... Warning issued, nN 0 false alarm fine, if registered. $25.00 false alarm fine if not registered, plus $25.00 registration fine. Citation issued; $75.00 fine. Citation issued; $75.00 fine. Citation issued; $100 fine. Citation issued, $150 fine. Citation issued, $200 fine. Third or Fourth Response. . ... Fourth Response............. Fifth or Sixth Response....... Seventh or Eighth Response. Ninth or more Response... 3 Text underlined is added; text struck thrOl:lgh is deleted. (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 each Report has been filed aad-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 shall does not require eHly a written warning and shall commence a new 180 days time period .fefffi 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 alarm(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 Statutes, 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 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 Master Magistrate, for enforcement pursuant to the County's Code Enforcement Special 4 Text underlined is added; text struck through is deleted. Master 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 Gede Enforcement Board of County 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 fine 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) 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 Master Magistrate within the thirty (30) days fine payment period, the cited violation can be referred by the Sheriffs 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 jurisdiction, 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 struek throHgh 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 (1~ day of ~~IR"- . 2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By -I Ai · Tj~~ t ,.,14". :\ ~ \. -'." ,. . ,'" 'j' ~ ,f) ~&, By~ .... ... .."-Y~1)( .i~ifi~u~ <1!'ft,.1....... , ". 'fW'~t""t; ~1~;1' . ,', 'i,?,':i/~t.. ;,...\\ .",' Approved ~s 'to "form and Legal sufficiency: C~ft)~. Colleen M. Greene Assistant County Attorney 08-SHF-00064 ThIs ordinance filed with the SEtCfetory of State's Office the --1JO day of _ ~~pr-, 0 ~ _ ond acknowledgement of that frjmg received this olq do of ___~~ "L.oo~ y B-'"f- '~~ 0IIIputy C'-1I 6 Text underlined is added; text struck through is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-52 Which was adopted by the Board of County Commissioners on the 9th day of September, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of September, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Deputy ~'.~' ..,..~i',.. ...".:k-"' "/'..,;...'..... " .' ." . .~ , ., " .... ~. ,," .... Polaski,"" . " .~. ,~ Clerk'''' ,. V" .i/; ",'