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Ordinance 2001-056ORDINANCE NO. 2001- AN ORDINANCE AMENDING COLLIER ORDINANCE 'NO. 97-8, THE FALSE COUNTY~&.o& AIJARM ~ ORDINANCE; ELIMINATING FALSE AIJARM REPORT FORMS; REQUIRING AN ANNUAL REGISTRATION FORM FOR EACH FALSE Al~ARM SYSTEM; ELIMINATING FINE FOR SECOND FAI~SE Al.ARM; AUTHORIZING NOTICE TO APPEAR IN COURT FOR SIXTH OR SUBSEQUENT FALSE ALARMS; PROVIDING FOR FALSE ALARM PREVENTION EDUCATIONAL PROGRAM CLASSES AND CERTIFICATES OF ATTENDANCE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WITH A DEFERRED ENFORCEMENT DATE OF NOVEMBER 1, 2001. WHEREAS, as of April 1, 1997, the Collier County False Alarm Ordinance became effective; and WHEREAS, the initial False alarm Ordinance provided that False Alarm Report Forms had to be filed to report each False Alarm; and 5~:~ WHEREAS, the False Alarm Ordinance is administered by the and WHE~AS, The Shenfffs Offices desires to ehm~nate such repor~;~andz:~: WHEREAS, Thc SherifFs Offices desires that fines 6~r False Alar~$~oOe applied until the third or subsequent filse ala~ occurs at the respective S~ured Pre~ses and that a notice to appear for a mandatory court appearance not be authorized until the sixth or higher False Alarm occurs at the respective Secured Premises; and WHEREAS, the Sheriff's Office desires to institute and maintain an educational program that false alarm users may attend to learn to better prevent false alarms; and WHEREAS, a "Certificate of At}endancc" at a false alarm prevention class can be credited to the respective Secured Premises to void one past or future false alarm incident except for a sixth or higher False Alarm at such Premises; and WHEREAS, the Board of County Commissioners accepts all amendments recommended by the Sheriff's Office. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 97-8, the Collier Counq, I aisc Alarm Ordinance" is hereby amended as fi)iloxvs: 1 Text underlined is added; text o~}v~,nlr t']a..... ]~1 ............. s-- is deleted. SECTION ONE: Collier County Ordinance No. 97-8, the "Collier County False Alarm Ordinance" (codified as Article 5 of thc County's Code of Laxvs and Ordinances) is hereby amended as follo~vs: SECTION ()NE: This Ordinance is titled and should be cited as the "Collier County False Alarm Ordinance." SECTION TWO: DEFINITIONS. As used herein, thc following terms shall have thc specified meanings unless another meaning is clearly required by thc context: Enforcement official means the Sheriff of Collier County, each Deputy sheriff, and/or any authorized representative or designee of the Sheriff. False alarm means activ:tti(/n of a security alarm signal caused by something other than an actual or attempted fortSed or unauthorized entry into or forced or unauthorized exit from the secured premises, and which signal results in a law enforcement response. There shall be a rebuttable presumption that a security alarm signal is a false alarm whenever an enforcement officer responds to an alarm signal and the responding officer determines that the alarm signal xvas triggered by (a) a cause other than an attempted or actual forced (ir unauthorized entry into or forced or unauthorized exit from the secured premises, or (b) by intentional activation of that alarm signal based upon a good faith, reasonable mistake that a crime was being committed at the secured premises. Official response means xvhcn an), enforcement officer responds by traveling to a secured premises in response to a security alarm signal fi, om that premises. Owner means owner of the secured premises, including each co-owner of co- owned property, including, and not limited to, each tenant by the entireties, each joint tenant, and each tenant in common. " Premises means any residence, any building or stn~cture, and any apartment, office, condominium, or any other unit thereof. Responsible party means (a) each owner, (b) each 18 years or older occupant of the secured premises, and (c) each tenant and each subtenant, and (d) other persons or entities, if any, that have by written agreement with thc owner agreed to be responsible for false alarms emitted from that secured premises. Secured Premises means thc premises intended to he protected by the security alarm system. Security alarm malfunction means emission of any alarm signal caused by mechanical failure, improper system desigm, equipment malfunction, improper maintenance or lack of maintenance, power failure or poxver surge, or other substantially 2 Text underlined is added; text o~.-....~ ,~ ..... ~,t. is deleted. similar cause. Malfunctions do not include any accidental activation of the alarm signal by an action that the system xvas designed to be triggered by. Security alarm system means any alarm device that is used to emit a signal to alert persons of an attempted or actual forced entry into or forced or unauthorized exit from the secured premises, and which system emits a signal (electrical impulse and/or tone) to prompt an official response from any Collier County enforcement officer. Excluded are (1) alarm devices that emit alarm signals because of unauthorized acts to a vehicle, and (2) systems installcd 1)y a telephone company to protect only the company's telephone equipment. Signal means a power impulse or audible tone emitted from a security alarm system which indicates that a true or false alarm has occurred. Vacant means premises that are not physically occupied by any responsible adult at any time during an official response by an enforcement officer. SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM SYSTEM AND FALSE ALARMS; REQUIRED RESPONSE. (a) Responsibility for Security Alarm Systems. Neither the County, nor the Sheriff's Office, nor any member of either shall have or assume any responsibility for the installation, repair, maintenance, operation, or effectiveness of any security alarm system not then owned by Collier County. Responsibilities for false alarms emitted by the respective security alarm system rest solely, jointly and severally, with each responsible party. Each active security alarm systcm in unincorporated Collier County must always have at least one (1) responsible party. No person or entity shall maintain any security alarm system that automatically dials the statewide emergency telephone number (currently "911"), or any other telephone number assigned to the Sheriff's Office except as then required by federal law, state law, or county ordinance. Responsibility For Valse Alarms. Each owner of the secured premises is primarily rcsp()nsiblc under this ()rdinancc fi)r false alarms at thc secured premises. Owners may by lease or other written agreement assign that primary responsibility to persons or entities that occupy the secured premises, or to managers of the secured premises; however, failure of any such non-owner to fully comply with any warning or citation under this ()rdinancc shall render the owner responsible for such false alarms anti thc rcsulting penalties. Each responsible party is jointly and severally Text underlined is added; text o~ .... ~. ~ ..... ~,r. is deleted. responsible under this Ordinance for all false alarms at the respective secured premises. SECTION FOUR: WARNING OR CITATION OF FALSE Al.ARM VI()I.ATI()NS. (a) First and Second False Alarm. A written warning shall be issued for the first and second false alarm at the respective t~at secured premises, v~'~,icl', occura ~c~. ,4.~ ~cc~,-;..~ .~ .... c a.;~ r~..~; ..... 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 secured premises, or may be left with any adult occupant, employee, or agent of an occupant of an occupied secured 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 lawfifi service of process. (b) Third Second and Subsequent False Alarms. An enforcement official may issue a citation of a false alarm violation of this Ordinance for the third · acc~md or any other subsequent false alarm that occurs at that secured premises within 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. (c) For the sixth or more false alarms at the secured premises, a "Notice to Appear" (in Court) can be issued, which "Notice" shall require prompt payment of a $100 fine or a mandatory court appearance. If the $100 fine is paid by its due clare, the mandatory court appearance will thereby be cancelled. Failure to pay the $100 fine by its due date will require thc specified mandatory court appearance unless otherwise continued or excused. The Judge or other trier of fact can impose a fine from $100 to $300 plus other applicable costs. 4 Text underlinecl is added; text o, ..... ~' '~ ..... "~' is deleted. SECTION HVE: FALSE Al,ARM REGISTILATION FORMS, (c) /.1\ (2) TI ~.~.~ 1....1.~ 5 Text underlined is added; text o,...,,-,1, ih .... .-~h is deleted. (a) (c) No Securi~ Alarm System inst~lled on or ~ter November ], 200], sh~ll b~ operated until ~ completed Alarm Re~str~tion I';o~ h~s been received by the Collier Coun~ 5heri~Vs O~fice E~lse AI~ Unit. A separate Re~str~tion Form is required ~or e~ch secuh~ ~l~rm system. The Re~stration Form shall be supplied by the Shefifffs Office or the ala~ company and shall be fillet{ out completely ~th the required info~afion. For each securi~ ala~ system that was installed at the secured premises prior to November 1, 2001, the completed Re~strafion Fo~ must be filed not later than five (5) week days of the first false ala~ that occurs after November 1, 2001. Each Re~strafion Fo~ shall automatically expire three hundred and six~- five (365) days after its date of issuance. Each rc~strafion renewal must be received by the Shcfifes False Alarm Unit before the then effective Re~stration Form expires. At least thir~ (30) days befdre the expiration date of each then effective Re~strafion Fo~, the Sheriff's False Ala~ Unit x~ll attempt to provide written notice of the need to renew that Fo~. No Re~stration Form shall be transferred to any other person, entiw, or site. Not later than five (5) week days after each respective change, a responsible person for the respective securi~ alarm system shall mail or othe~se deliver to the Shcfif~s Office False Alarm Unit written notice of all changes that alter any information in the then current Registration Form. Each Registration Form must include the following information: (1) The full name(s), mailing address, residence and/or work place telephone number of at least one responsible person regarding the respective security alarm system at that secured premises. (2) The name, mailing address, and telephone number of at least one (1) authorized individual representative of a responsible person who can be immediately notified in the event of a false alarm or any emergency at that secured premises. (3) If applicable to the secured premises, the name and 24-hour telephone number(s) of the individual or entity monitoring the respective securiB, alarm system. 6 Text underlined is added; text o,.....~. ,~ ..... ~- is deleted. (4) Any dangerous or special conditions present at the Secured Premises that would he of value m the safety of security of a responding person or to the secured prctnises. (5) ()ther infi)rmation that may assist responding persons in the event that a false alarm occurs at the secured premises. Information contained in the registration application form is confidential and is exempt from public disclosure to the extent authorized in Section 281.301, Florida Statutes, as now or hereafter amended or superceded, which as of November 1, 2001, applies to property owned by or leased to the State of Horida or any of its political subdivisions, including Collier County, and to every other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public Agency as. now or hereafter defined in, or incorporated by reference into, Subsection 119.011 (2), Florida Statutes. Failure to register or renew a complete Registration Form by its due date shall be a separate violation of this Article and shall require prompt payment of a late fee of $25.00. l~ate fees are in addition to fines. SECTION SlX: FAI,SE AI,ARM PREVENTION PROGRAM. (a) The Sheriff,s Office will provide educational program classes for the prevention of false alarms and shall allow individuals to attend 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 ()f the administrative costs. This fee must be paid before or at the time of attendance at thc program class. (b) After attendance at a program class by a person associated with the respective secured premises, the Shcriff'~ Office shall issue one (1) "Certificate of Attendance" to the credit of that respective secured premise. The certificate 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 sixth or h. igher false alarm. SECTI()N ~ SEVEN: I;AI,SE AI,Al*dM FINES; EXCEPTIONS. (a) l:alsc Alarm Fines. ,-\ xvrittcn xvarning (for the first and second false alarms) docs not require payment of a fine. After a citati(m for a third acco, nd or subsequent false Mann violation is issued, a responsible party shall, within 7 Text underlined is added; text smmk4tm~lgh is deleted. thirty (30) days of the date of that alarm, pay to the Clerk of the Courts a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE Number of False Alarms Within a 180 Day Period False Alarm Fine Per False Alarrn: First Response. t '~ .... p.:,_ D ...... Warning issued, no false alarm fine. Second Response .... ........ Fa'',.~ ,~,,,-" ....... ~,,~,' .... ~='=, o.~ .,~.~'~ Warning issued, no false ~la~ fine. Third Response ............ ...... ~ .... Citation issued; $75.00 fine. Fourth Response ........... ........ ~ .... ~ .... Citation issued; $75.00 fine. TN ........... D ........... llil~ D Fifth Response ................... Citation issued; $75.00 fine. Sixth or more Responses .......Notice to Appear issued and a $100, 00 fine if the fine is paid on time. Timely payment of thc $100.00 fine cancels that mandatory court appearance. Mandatory court appearance can result in a fine of not less than $100 nor more than $300.00 at the discretion of the trier of fact. (b). Exceptions: (l) 180 l')ays \Vith()ut a I;alsc Alarm. (2) (3) If one 1)undred 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 and 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 require (rely a written warning and shall commence a new 180 day time period form sui)sequent false alarms from that alarm system. New Alarm System Installed. Installation of an entirely new security alarm system at the secured premises, upon written notice of same to the Sheriff's Office anti 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. 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 was alarm set off based upon a reasonable mistake of fact that a crime was then being committed at the sccurcd premises. Thc responding enforcement official will determine 8 Text underlined is added; text o~-.....-a. ............. ~,. is deleted. whether there was a reasonable mistake of fact to justify that intentional activation of that alarm signal. If excused, that alarm shall not be counted as a false alarm. SECTION SEVEN EIGHT. ENFORCEMENT AND PENALTY PROVISIONS. (a) (c) Incorporation of Section 1-6 of the Count), 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 Collier County Code of l,aws 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 fi~r enforcement pursuant to Chapter 162, .Florida Statutes, including filing liens against the secured premises. 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 part5,. Fees and fines shall be paid to the Clerk of Court within the time periods specified in this Ordinance except as may be ordered otherwise by a trial judge. Prompt payment of each false alarm fine shall clear anti settle that false alarm violation, but shall not affect the duty to file any ~ ........... ~: ....t:~i,.~ a~_~ D ...... g) , ....... ~,,.,.,~ ................... ~ .... Re stration Form. Fines and Costs Imposed by Court. Fines and costs imposed against a responsible party are to be distributed as follows: Five 17c, ur dollars ($4~ ($5.00) to the Clcrk of the Courts as an administration fee, and the balance of the funds of each fine is to be deposited in the fine and forfeitures fund of thc Sheriff's Office to offset the Sheriff's operating budget costs. SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the moi'e restrictive shall apply. If any phrase or portion of this Ordinance is held invalid ()r unconsnmtionai by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect thc validity of thc remaining portion. 9 Text underlined is added; text o~.~,~, ,~, ..... h ............. 8- 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 -ENFORCEMENT DEFERRED. This Ordinance shall become effective upon filing with the Florida Department of State, but shall not be enforced until 12:01 A.M. on the 1"' day of November, 2001. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this o~.3&-'-~) day of tO~"r'D~ E~ ,2001. ,,'" ,e ' 1';.%~,~ % (~14~:~5, :'..'lt[~'~-.~ -to C~t~n ~)H.~ER COUNT~,. ~i ¢~ .' ~ -~ .[/,3: ,~.-, ... - : ~ / ~ I~ '" ~'c,~}~/~tI~?~'i?k JAMES ~CARTEIL Ph.D., CHAIRMAN Approved as to fi~rm and l,cgal sufficiency: Thomas (2. P~alrnlcr - Assistant County Attorney This ordin~r'c:v "'~ ~ '^,;th the Secretory of $<:',::.'s Office the d~oy of ~, ~/ and acknowledgement of that filing received thistly of ~ ~ 10 Text underlined is added; text °*'~'~*- ,~-^.,ah ............. s,, 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 copy of: ORDINANCE NO. 2001-56 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of October, 2001 IGHT E. BROCK ~,~,~ ..... ~ .. Clerk of Ex-officio County By: Teri MichaeI'J,"....