Loading...
Agenda 06/27/2017 Item #16J 506/27/2017 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise an Ordinance for future consideration amending the Collier County False Alarm Ordinance. OBJECTIVE: To bring the current False Alarm Ordinance into compliance with Florida Stat e Statutes and enable enforcement of the Ordinance. CONSIDERATIONS: On January 28, 1997, the Board of County Commissioners adopted Ordinance No. 97-8, the Collier County False Alarm Ordinance, which is administered by the Collier County Sheriff’s Office. The Board subsequently amended Ordinance No. 97-8 by adopting Ordinance Nos. 2001-56, 2004-48, and 2008-52. On February 25, 2014, the Board voted to amend the False Alarm Ordinance to remove the responsibility of registering a home alarm system from the h omeowner and placing that responsibility with the alarm company. Effective July 1, 2016, the Florida Legislature passed HB 535, codified as Section 553.7931, Florida Statutes, which provides that an alarm company is not responsible for alarm registration and - in fact - cannot be fined or penalized in any way for failure to register an alarm. The Statute does not require a local government to regulate this matter, but if a local government elects to require registration of alarm systems, the burden of registration can only fall on the property owner. As the Statute does not allow an alarm company to be fined for failing to register an alarm and the Ordinance does not allow the Collier County Sheriff’s Office to fine a homeowner for failing to register (as contemplated by statute), many homes in the County became non-compliant with registration requirements due to a lack of government recourse. Alarm registration compliance has dropped from 95% to 49%. The Ordinance is proposed to bring Collier County into compliance with Florida law by placing the responsibility for registering alarm systems with the homeowners and not the alarm company. Doing so will allow the Ordinance to be enforced and bring compliance back up to prior levels. FISCAL IMPACT: There is no fiscal impact to the County; however, the Collier County Sheriff’s Office will assume a fiscal liability of approximately $4,000 required to update registration databases and computer systems and will pay for the required advertising, estimated to be $400. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to advertise an Ordinance for future consideration amending the Collier County False Alarm Ordinance. Prepared by: Commander Michael Williams, Collier County Sheriff’s Office ATTACHMENT(S) 1. FINAL Ord. Amending False Alarm Ordinance (PDF) 16.J.5 Packet Pg. 1390 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.J.5 Doc ID: 3398 Item Summary: Recommendation to direct the County Attorney to advertise an Ordinance for future consideration amending the Collier County False Alarm Ordinance. Meeting Date: 06/27/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 06/19/2017 4:01 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/19/2017 4:01 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2017 4:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2017 4:14 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 10:40 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 11:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 16.J.5 Packet Pg. 1391 ORDINANCE NO. 2OI7 . AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.97. 8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS; REVISING SECTION SEVEN' FALSE ALARMS FINES; EXCEPTIONS; AND REVISING SECTION EIGHT, ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 28, 1997, the Board of County Commissioners (Board) adopted Ordinance No. 97-8, the Collier County False Alarm Ordinance, which is administered by the Collier County Sheriff s Office; and WHEREAS, the Board subsequently amended OrdinanceNo. 97-8 by adopting Ordinance Nos. 2001-56,2004-48, and 2008-52; and WHEREAS, through its adoption of Ordinance No. 2014-07 on February 25,2014, the Board further amended the False Alarm Ordinance by establishing additional duties and responsibilities for the alarm monitoring and/or installation companies; and WHEREAS, effective July 1,2016, the Florida Legislature passed HB 535, codified as Section 553.7931, Florida Statutes, providing that alarm system monitoring companies or contractors who install alarm systems are not liable for civil penalties and fines imposed by any local governmental entity for failure to register, which eliminated the County's ability to enforce the registration of alarm systems; and WHEREAS, upon the request and recommendation ofthe Collier County Sheriff s Office, the Board now wishes to eliminate the additional duties and responsibilities established by Ordinance No. 2014-07. 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:AMENDMENTS TO SECTION TWO OF ORDINANCE NO.97-8. AS AMENDED. Section Two of ordinance No. 97-8, as amended, is hereby amended as follows: I Words underlined are added; Words stfl*€k+reufh are deleted. 16.J.5.a Packet Pg. 1392 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the specified meanings unless another meaning is clearly required by the context: ,1.*rkrk!F*{. Alarm Registration Form means the form to be filled out and turned in by all responsible parties Al€ffi€€mpaftiesor an electronic format in which the applicable data is supplied, as provided by the Sheriff s Office. SECTION TWO: *r1.,|(:ft*,f{. AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 97.8. AS AMENDED. Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows: SECTION FIVE: FALSE ALARM REGISTRATION FORMS. (a) No Security Alarm System installed on or after November I,2001, shall be operated until a completed Alarm Registration Form has been received by the Collier County Sheriff s Office False Alarm Unit. I#$e*el-,*+es-ensibility ef eaeh Alarm eempary te register all nerr4y instalHsys+em$' A separate Registration Form is required for each Security Alarm System. The Registration Form shall be supplied by the Sheriffs Office to the Alarm Company en-a+em-;erin andshallbefilledoutcompletelywiththerequired information. (b) For each Security Alarm System that was installed at the secured premises prior to November 1,2001, the completed Registration Form must be filed not later than five (5) week daysofthefirstfalsealarmthatoccursafterNovember1,2001. Alarrn €empany te register existing Seet+rity Alarm $ystems. (c) Each registration form shall automatically expire three hundred and sixty-five (365) days two years after its date of issuance. Each registration renewal must be received by the Sheriffs False Alarm Unit before the then effective Registration Form expires. A copy of the Registration Form shall be retained by the applicable Alarm Company for their records. At least thirty (30) days before the expiration date of each then effective Registration Form. the Sherifls False Alarm Unit will attempt to provide written notice of the need to renew that Form. I+-is-+he-*ele (d) No registration form shall be transferred to any other person, entity, or site. (e) Not later than five (5) week days after each respective change in the registration information, a responsible person for the respective Security z Words underlined are added; Words str*ek+hreugh are deleted. 16.J.5.a Packet Pg. 1393 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False Alarm System shall mail or otherwise deliver to the Sheriffs Office False Alarm Unit written notice of all changes that alter any information in the then current Registration Form. (f)EachRegistrationFormmustincludethefollowinginformation@ : (1) The full name(s), mailing address, residence and/or work place telephone number and email address (if applicable) 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 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 Security Alarm System. (4) Any dangerous or special conditions present at the secured premises that would be of value to the safety of security of a responding person or to the secured premises. (5) Other information that may assist responding persons in the event that a false alarm occurs at the secured premises. (g) 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 superseded, which as of November 1, 2001, applies to property owned by or leased to the State of Florida 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 ino or incorporated by reference into Subsection I 19.01 1(2), Florida Statutes. (h) Failure to register or renew a complete Registration Form by its due date shall be a separate violation of this Ordinance and shall require prompt payment of a late fee of $5*00. Late fees are in addition to fines. iee to submit eemplete and up-to4ate infermatien, The failureef the r\larm eempany te sr*bmit up te date registratien is in aCditien te any fines ae€{ued by the alaffrFewner fer false-alarm inanee= ing up to date informatien; as required unde- this seetion; may result in the suspensien ef the Alrm eempany's eeHier eeunty eentraeter's lieense fe- a peried ef 60 days, registratien and re rc irsenriee J Words underlined are added; Words stflr€k+hreugh are deleted. 16.J.5.a Packet Pg. 1394 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False SECTION THREE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 97-8' AS AMENDED. Section Seven of Ordinance No. 97-8, as amended, is hereby amended as follows: SECTION SEVEN: FALSE ALARM FINES; EXCEPTIONS. (a) False alarm fines, The first false alarm 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 ma)' be issued for the second false alarm and also for a registration violation. When a citation for a 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 Commissioners a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE False Alarm Fine per False Alarm: ,|(,f,|<{.{.** SECTION FOUR: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97-8, AS AME,NDED. Section Eight of Ordinance No. 97-8, as amended, is hereby amended as follows: SECTION EIGHT: ENFORCEMENT AND PENALTY PROVISIONS. (a) Incorporation of Section I -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, FloridaStatutes,anypersonj@whoshallviolateanyprovisionofthis 4 First Response No false alarm fine. Second Response No false alarm fine., if registered. $25.00 false alarm fine if not registered, plus $25.00 registrati fine. Third or Fourth Response Citation issued: $75.00 fine. Fifth or Sixth Response Citation issued: S100.00 fine. Seventh or Eighth Response Citation issued; $150.00 fine. Ninth or more Response Citation issued; $200.00 fine. Words underlined are added; Words sm*et<+*eugh are deleted. 16.J.5.a Packet Pg. 1395 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False section 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 Magistrate for enforcement pursuant to the County's Code Enforcement Special Magistrate Ordinance and Chapter 162, Florida Statutes, including filing liens against the secured premises. (b) Joint and severable responsibility to payfees andfines. 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 Board of County Commissioners within the time periods specified in this Ordinance except as may be ordered otherwise by the Special Magistrate. Prompt payment of each false alarm fine shall clear and settle that false alarm violation-bu1-gballgqlla:&gl 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: $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 Sheriffs Office to offset the Sheriffs operating budget costs. (d) Failure to promptly payfine 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 thirty (30)-day fine payment 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), 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 FIVE: 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 Words underlined are added; Words s+ni€lethreugh are deleted. 16.J.5.a Packet Pg. 1396 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False 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. SECTION SIX: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," ooarticle," or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED bv the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK. CLERK By: , Deputy Clerk Approved as to form and legality: ,2017 . BOARD OF COUNTY COMMISSIONERS COLLIER COI.]NTY. FLORIDA By: PENNY TAYLOR" CHAIRMAN 6 Words underlined are added; Words stru€k+hreugh are deleted. ily R. Assistant 16.J.5.a Packet Pg. 1397 Attachment: FINAL Ord. Amending False Alarm Ordinance (3398 : Recommendation to advertise an amendment to the Collier County False