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Agenda 02/25/2014 Item #17C2/25/2014 17.C. EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Ordinance No. 97 -8, as amended, relating to the Collier County False Alarm Ordinance. OBJECTIVE: To amend the False Alarm Ordinance in order to make Alarm Companies more responsible for registering clients and keeping records. CONSIDERATIONS: Collier County Ordinance 97 -8, as amended, allows for imposition of fines for false alarm occurrences and for the failure of property owners to register their alarm systems. This amendment places more responsibility on the Alarm Companies by requiring them to notify their clients of the need to register their systems and to keep records of false alarm occurrences and provides for penalties on Alarm Companies for violation of the Ordinance. At its January 14, 2014 regular meeting (Item 16 -H -11) the Board of County Commissioners authorized the County Attorney to advertise the proposed ordinance for future consideration. This item was continued from the February 11, 2014 meeting to allow review and input from the Sheriff's Office which is reflected in the attached highlighted version of the proposed ordinance. The proposed amendments also provide for an October 1, 2014 effective date to allow time for the Sheriff to budget for the proposed changes. FISCAL IMPACT: The cost for advertising the proposed ordinance is approximately $400. GROWTH MANAGMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed ordinance amendment has been approved as to form and legality and requires a majority vote for Board approval — ERP RECOMMENDATION: That the Board of County Commissioners adopts of the attached Ordinance amending Ordinance 97 -8, as amended, relating to the False Alarm Ordinance. Submitted By: Commissioner Georgia Hiller, Chair Attachments: Proposed Ordinance amending Ordinance No. 97 -8, as amended Proposed Ordinance with Sheriff's additions highlighted 12 -COA- 00170/11 Packet Page -1812- 2/25/2014 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 97 -8, as amended, relating to the Collier County False Alarm Ordinance. Meeting Date: 2/11/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 1/30/2014 8:41:49 AM Submitted by Title: County Attorney Name: KlatzkowJeff 1/30/2014 8:41:51 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 1/30/2014 2:55:22 PM Name: GreenwaldRandy Title: Management/Budget Analyst, Office of Management & Budget Date: 1/30/20144:32:16 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 11:12:40 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 9:47:10 AM Packet Page -1813- 2/25/2014 17.C. 28D H Wednesday, January 29, 2014 D N A P L E S DAILY NEWS 0.,. C. NOTICE IN MEETING NATIC� NOTICE OF INTENT.TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 11, 2014, in the Boardroom, 3rd Floor, Administration Building, .Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. ' 97 8 ' AS}' AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; REVISING SECTION THREE, RESPONSIBILITY FOR ;SECURITY ALARM SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE; 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; -PROVIQING 4 .0&,INCLUSION, IN THE CODE OF LAWS AND ORDINANCES,,_ D FO PROVIDING R AN EFFE lVE DATE. Copies of the' proposed Ordinance are on file with the:- Clerk to the Board and aie available for Inspection. All interested parties are invited to attend and be heard... NOTE: All persons wishing to speak on any agenda item -must register with the. County administrator prior, to presentation -of the, agenda item to be addressed.' individual speakers will be limited to 3 minutes on any item. The selection of an' individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a'group or organization may be allotted 10 minutes to speakon an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written_ material intended to be considered by the. Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any.person who decides to appeal a decision of the Board will need a.record of the; proceedings pertaining thereto and therefore, may need to ensure that a. verbatim record of the proceedings is made, which record includes testimony 'and evidence upon which the appeal is based. If.you are a person with a disability who needs any accommodation in order to participate in this - proceeding, you are entitled, at no cost -to you, to the provision. of certain assistance. Please contact the Collier County Facilities .Management, Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa. Cannon, Deputy Clerk rCFAI I . Packet Page -1814- 2/25/2014 17.C. ORDINANCE NO. 2014 - AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 97 -8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; REVISING SECTION THREE, RESPONSIBILITY FOR SECURITY ALARM SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE; 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 Sheriffs Office; and WHEREAS, the Board subsequently amended Ordinance No. 97 -8 by adopting Ordinance Nos. 2001 -56, 2004 -48, and 2008 -52; and WHEREAS, the Board desires to further amend Ordinance No. 97 -8, as amended, to establish additional duties and responsibilities for the alarm monitoring and/or installation companies. 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. 974, as amended, is hereby amended as follows: SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the specified meanings unless another meaning is clearly required by the context: Alarm Installation Company means a person or entity whose business includes the selling providing maintaining servicing repairing altering moving or installing Security Alarm Svstems in residential. commercial and /or industrial buildings Such company- must be properly licensed. as required by law. to conduct business within the unincorporated portions of Collier County. Text underlined is added; text struel:�l} is deleted. Packet Page -1815- 2/25/2014 17.C. Alarm Monitoring Company means a person or entity whose business includes receiving signals from Security Alarm Systems for the purpose of relaying related information to third parties including law enforcement, for the purpose of initiating a response thereto Such company be properly licensed, as required by law, to conduct business within the unincorporated portions of Collier County. Alarm Company means either an Alarm Installation Company or Alarm Monitoring Company as determined by its use within this Ordinance. Alarm Rerstration Form means the form to be filled out and turned in by all Alarm Companies or an electronic format in which the applicable data is supplied as provided by the Sheriff's Office. Enforcement official means the Sheriff of Collier County, each deputy sheriff, and /or any authorized representative or designee of the sheriff. Security alarm sjwem 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 o€f ee official. Excluded are; (1) alarm devices that emit alarm signals because of unauthorized acts to a vehicle; and (2) systems installed by a telephone company to protect only the company's telephone equipment. SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 97-8, AS AMENDED. Section Three of Ordinance No. 97 -8, as amended, is hereby amended as follows: SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE. (a) Responsibility.for Security Alarm Systems. Neither the County, nor the Sheriffs 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 safely, jointly and severally, with each responsible party. Each active Security Alarm System 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 Sheriffs Office except as then required by federal law, state law, or county ordinance. Text underlined is added; text s4*ek-1h -1}} is deleted. Packet Page -1816- 2/25/2014 17.C. (b) Responsibility for False Alarms. Each owner of the secured premises is primarily responsible under this Ordinance for false alarms at the 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 Ordinance shall render the owner responsible for such false alarms and the resulting penalties. Each responsible party is jointly and severally responsible under this Ordinance for all false alarms at the respective secured premises. (c) Anv Alarm Installation Companv which installs or modifies a Security Alarm Svstem as specified herein shall provide written and oral instruction to the Owner in the proper use, operation and maintenance of the Security Alarm System. Such instructions shall specifically include all information necessary to turn the Security Alarm System on and off and how to avoid False Alarms. Installer personnel shall complete an appropriate checklist at the conclusion of instructions to Owner. and shall certify the same to the Sheriffs Office. (d) AIarm installations shall not use automatic voice dialers that ring directly into law enforcement offices. nor shall have any such connections to a telephone line of the Sheriff's Office or associated department. Should an Alarm Installation Company discover such a connection they are required to notify the Sheriffs Office of such within 24 hours. (e) No Alarm Installation Company shall use the Sheriffs Office as the terminal point for anv Security Alarm System without the written permission of the Sheriff s Office. (f) An Alarm Monitoring Company shall make two (2) attempts to verify each alarm signal activation with the registered Owner after requesting law enforcement for alarm response. This clause excludes alarm signals triggered by panic, duress. or hold up alarms. (g) When reporting alarm activation signals to the law enforcement agency. the Alarm Monitoring Company shall use only telephone numbers designated by the Sheriffs Office. (h) Prior to initiating the installation, repair or testing of an Alarm System, the Alarm Company shall inform the Sheriffs Office of such work, and if possible, shall take the AIarm offline prior to doing so. When a technician of an Alarm Installation Company or Alarm Monitoring Company sets off an alarm system while performing a test. installation or repair, the technician must immediately inform the Sheriffs Office that an officer does not need to be dispatched. If an officer is dispatched to a false alarm set by a technician of an Alarm Company due to the failure to abide by this paragraph. the Alarm Company shall be fined fifty dollar (S50.00). (i) Alarm Installation Companies and Alarm Monitoring Companies shall ensure that all respective users of Security Alarm Systems are given adequate initial training on its proper use. Installers and monitoring companies may also provide any agency - required alarm prevention courses and /or additional on -site training for users requiring additional training. Text underlined is added; text str -usli thFough is deleted.. Packet Page -1817- 2/25/2014 17.C. (i) Record keeping. An Alarm Monitoring Company shall maintain for a period of at least one year from the time of an alarm dispatch request all records relating to that alarm dispatch request. Such records shall include the name address and telephone numbers of the Owner. the Security Alarm Svstem zone activated. the time of the alarm dispatch request and evidence of the attempt to verify the alarm signal with the Owner. If such a request is made within sixtv (60) days of the alarm event the information shall be provided to the Sheriffs Office within five (5) business days. if the request is made after sixty (60) days of the event the information shall be provided within thirty (30) days. (k) Alarm Monitoring Companies shall. upon request provide a list of its active accounts in Collier County to the Sheriffs Office within five (5) business days SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 97 -8, AS AMENDED. Section Five oi'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 1, 2001, shall be operated until a completed Alarm Registration Form has been received by the Collier County Sheriffs Office False Alarm Unit. It is the sole responsibility of each Alarm Company to register all newly installed systems. A separate Registration Form is required for each Security Alarm System. The Registration Form shall be supplied by the Sheriffs Office er to the Alarm Company on a form, or in a format, supplied by the Sheriffs Office and shall be filled out completely with the required information. Failure to submit a registration form for each system installed or monitored by the Alarm Company shall result in a fine of $100. (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 days of the first false alarm that occurs after November 1, 2001. It is the sole responsibility of the Alarm Company to register existing Security Alarm Svstems. (c) Each registration form shall automatically expire th ee hundfed and sixty five (365) days two vears 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 days be4;3fe the expir-ation Elate ef eaeh then effeetive Registration PaRn. the Sher4Ps False ---e Of the fleed to fenew t . It is the sole responsibility of the Alarm Company to re- register all active accounts with complete and up -to- date information based on initial expiration dates supplied by the Sheriffs Office (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 res,,ensible person the Alarm Companv that monitors fer the respective Security Text underlined is added, text r rueln, gn is deleted. Packet Page -1818- 2/25/2014 17.C. 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) Each Registration Form must include the following information as depicted on the standard Registration Form furnished by the Sheriff s Office to the Alarm Company: (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 supereseded, 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 in, or incorporated by reference into Subsection 119.011(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 $245100. r a4e fees ^ in addi6&„ *^ me In addition to the $100, an Alarm Company has 10 work days from the notice to submit complete and up -to -date information. The failure of the Alarm Company to submit up -to -date registration is in addition to any fines accrued by the alarm owner for false alarm occurrences and shall not excuse fines imposed under Section Seven of this Ordinance. (i) Failure to pay the fine for failure to register and remedy the violation by timely submitting up -to -date information, as required under this section may result in the suspension of the Alarm Companv's Collier County contractor's license for aperiod of 60 days (j) An Alann Company shall not charge a fee in excess of ten dollars ($10.00) for the registration and re- registration of systems if an Alarm Company decides that a fee is necessary to cover the administrative costs of registration. However upon charging such fee to the customer. the Alarni Companv shall provide a statement to the customer that the charge is for their service and there is no registration fee charged by Collier County or the Sheriff s Office Text underlined is added. text stasiF -� is deleted. Packet Page -1819- 2/25/2014 17.C. SECTION FOUR: 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 seeefid false alarm does not r- I ' I -nt of a fine if the premise is registered. If the pr-efnise is not fegistefed, heAveveF, fines may be iSsuead fq-;: the seeend false alann and also �qr- a registration vielalien- -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: First Response No false alarm fine. Second Response No false alarm fine_, if r- egistere Third or Fourth Response Citation issued; $75.00 fine. Fifth or Sixth Response Citation issued; $100.00 fine. Seventh or Eighth j Response Citation issued; $150.00 fine. Ninth or more Response Citation issued; $200.00 fine. SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97 -8, AS AMENDED. Section Eight of Ordinance No. 97 -8, as amended, is hereby amended as follows: 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, 6 Text underlined is added; text stFuek thfough is deleted. Packet Page -1820- ELLM 2/25/2014 17.C. Florida Statutes, any person. including an Alarm Company. who shall violate any provision of this 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 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 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, brit hall tie! a ff et the duty to file any n egi + t F (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 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 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 SIX: 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 7 Text underlined is added: text st f � ; - is deleted. Packet Page -1821- 2/25/2014 17.C. 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. SECTION SEVEN: 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 EIGHT: EFFECTIVE DATE This Ordinance shall become effective October 1, 2014. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this —day of 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Appro,y, to form and legality: Jeffrey A. Kfatzko,,N, County', Attorney 8 Text underlined is added; text str-ueli through is deleted. Packet Page -1822- 2/25/2014 17.C. ORDINANCE NO. 2014 - AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 97 -8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; REVISING SECTION THREE, RESPONSIBILITY FOR SECURITY ALARM SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE; 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 Sheriffs Office; and WHEREAS, the Board subsequently amended Ordinance No. 97 -8 by adopting Ordinance Nos. 2001 -56, 2004 -48, and 2008 -52; and WHEREAS, the Board desires to further amend Ordinance No. 97 -8, as amended, to establish additional duties and responsibilities for the alarm monitoring and /or installation companies. 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: SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the specified meanings unless another meaning is clearly required by the context: Alarm Installation Company means a person or entity whose business includes the selling providing, maintaining, servicing, repairing, altering, moving or installing Security Alarm Systems in residential, commercial and /or industrial buildings. Such company must be properly licensed, as required by law, to conduct business within the unincorporated portions of Collier County. Packet Page -1823- 2/25/2014 17.C. Alarm Monitoring Company means a person or entity whose business includes receiving signals from Security Alarm Systems for the purpose of relaying related_ information to third parties. -§ including law enforcement, for the purpose of initiating a response thereto Such company must be properly licensed, as required by law, to conduct business within the unincorporated portions of Collier County. Alarm Company means either an Alarm Installation Company or Alarm Monitoring Company as determined by its use within this Ordinance. Alarm Registration Form means the form to be filled out and turned in by all Alarm Companies or an electronic format in which the applicable data is supplied as provided by the Sheriff's Office. Enforcement official means the Sheriff of Collier County, each deputy sheriff, and /or any authorized representative or designee of the sheriff. 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 effiee official. Excluded are; (1) alarm devices that emit alarm signals because of unauthorized acts to a vehicle; and (2) systems installed by a telephone company to protect only the company's telephone equipment. SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 97 -8, AS AMENDED. Section Three of Ordinance No. 97 -8, as amended, is hereby amended as follows: SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM SYSTEMS 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 System in unincorporated Collier County must always have at least one (1) responsible parry. 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 Sheriffs Office except as then required by federal law, state law, or county ordinance. (b) Responsibility for False Alarms. Each owner of the secured premises is primarily responsible under this Ordinance for false alarms at the secured premises. Owners may by lease or other written agreement assign that primary responsibility to persons or entities that occupy A Packet Page -1824- 2/25/2014 17.C. 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 Ordinance shall render the owner responsible for such false alarms and the resulting penalties. Each responsible party is jointly and severally responsible under this Ordinance for all false alarms at the respective secured premises. (c) Any Alarm Installation Company which installs or modifies a Security Alarm System as specified herein shall provide written and oral instruction to the Owner in the proper use, operation and maintenance of the Security Alarm System. Such instructions shall specifically include all information necessary to turn the Security Alarm System on and off and how to avoid False Alarms. Installer personnel shall complete an appropriate checklist at the conclusion of instructions to Owner, and shall certify the same to the Sheriff s Office. (d) Alarm installations shall not use automatic voice dialers that ring directly into law enforcement offices. nor shall have any such connections to a telephone line of the Sheriffs Office or associated department. Should an Alarm Installation Company discover such a connection they are required to notify the Sheriffs Office of such within 24 hours. (e) No Alarm Installation Company shall use the Sheriff's Office as the terminal point for any Security Alarm System without the written permission of the Sheriff s Office. (f) An Alarm Monitoring Company shall make two (2) attempts to verify each alarm signal activation with the registered Owner after requesting law enforcement for alarm response. This clause excludes alarm signals triggered by panic, duress. or hold up alarms. (g) When reporting alarm activation signals to the law enforcement agency, the Alarm Monitoring Company shall use only telephone numbers designated by the Sheriffs Office. (h) Prior to initiating the installation, repair or testing of an Alarm System, the Alarm Company shall inform the Sheriffs Office of such work, and if possible, shall take the Alarm offline prior to <doing so. When a technician of an Alarm Installation Company or Alarm Monitoring Company sets off an alarm system while performing a test, installation or repair, the technician must immediately inform the Sheriffs Office that an officer does not need to be dispatched. If an officer is dispatched to a false alarm set by a technician of an Alarm Company due to the failure to abide by this paragraph, the Alarm Company shall be fined fifty dollar ($50.00). (i) Alarm Installation Companies and Alarm Monitoring Companies shall ensure that all respective users of Security Alarm Systems are given adequate initial training on its proper use. Installers and monitoring companies may also provide any agency-required alarm prevention courses and /or additional on -site training for users requiring additional training. (i) Record keeping. An Alarm Monitoring Company shall maintain for a period of at least one year from the time of an alarm dispatch request, all records relating to that alarm dispatch request. Such records shall include the name, address and telephone numbers of the Owner, the Security Alarm System zone activated, the time of the alarm dispatch request and evidence of the attempt to verify the alarm signal with the Owner. If such a request is made within sixty (60) Packet Page -1825- 2/25/2014 17.C. days of the alarm event the information shall be provided to the Sheriff's Office within five (5) AMP business days. If the request is made after six (t 60) days of the event the information shall be provided within thirty (30) days. (k) Alarm Monitoring Companies shall upon request provide a list of its active accounts in Collier County to the Sheriff's Office within five (5) business days SECTION THREE: 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 1, 2001, shall be operated until a completed Alarm Registration Form has been received by the Collier County Sheriff's Office False Alarm Unit. It is the sole responsibility of each Alarm Company to register all newly installed systems. A separate Registration Form is required for each Security Alarm System. The Registration Form shall be supplied by the Sheriffs Office of to the Alarm Company on a form, or in a format, supplied by the Sheriffs Office and shall be filled out completely with the required information. Failure to submit a registration form for each system installed or monitored by the Alarm Company shall result in a fine of $100 (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 days of the first false alarm that occurs after November 1, 2001. It is the sole responsibility of the Alarm Company to register existing Security Alarm Systems. (c) Each registration form shall automatically expire three kunaied and r sixty five (;65) d sixty aY6 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 t-Wro, (U)� p +e :.de T44e otiee of the iieed + e that Feffn. It is the sole �r r responsibility of the Alarm Company to re- register all active accounts with complete and up -to- date information based on initial expiration dates su plp ied by the Sheriff's Office (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, aei}e �ei�ee the Alarm Company that monitors the respective Security 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) Each Registration Form must include the following information as depicted on the standard Registration Form furnished by the Sheriffs Office to the Alarm Company: L, Packet Page -1826- 2/25/2014 17.C. (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 supereseded, 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 in, or incorporated by reference into Subsection 119.01 l (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 $224100. 1 ate fi °s ° ° in addi fieH +° fi+w In addition to the $100. an Alarm Company has 10 work days from the notice to submit complete and up -to -date information. The failure of the Alarm Company to submit up -to -date registration is in addition to any fines accrued by the alarm owner for false alarm occurrences and shall not excuse fines imposed under Section Seven of this Ordinance. (i) Failure to pay the fine for failure to register and remedy the violation by timely submitting up -to -date information, as required under this section, may result in the suspension of the Alarm Company's Collier County contractor's license for a period of 60 days. (j) An Alarm Company shall not charge a fee in excess of ten dollars ($10.00) for the registration and re- registration of systems, if an Alarm Company decides that a fee is necessary to cover the administrative costs of registration. However, upon charging such fee to the customer, the Alarm Company shall provide a statement to the customer that the charge is fo their service and there is no registration fee required by Collier County or the Sheriff's Office. SECTION FOUR: 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. Packet Page -1827- 2/25/2014 17.C. (a) False alarm fines. The first false alarm does not require payment of a fine . .. _ . ­9 ..... .....� .10— ..,. gnmittutgn viel�en —When a citation for a false alarm violation is issued, a responsible party '0 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: First Response No false alarm fine. Second Response No false alarm fine_, if registered.- $25.00 fa4se alafm fine W =.-Qt ­.—tefed, plus -25.00 -TC srracrvn Rine. Third or Fourth Response Citation issued; $75.00 fine. Fifth or Sixth Response Citation issued; $100.00 fine. Seventh or Eighth Response Citation issued; $150.00 fine. Ninth or more Response Citation issued; $200.00 fine. SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97 -8, AS AMENDED. Section Eight of Ordinance No. 97 -8, as amended, is hereby amended as follows: 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, including an Alarm Company, who shall violate any provision of this 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 Col Packet Page -1828- 2/25/2014 17.C. 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 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 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, . (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 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 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 SIX: 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. SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 7 Packet Page -1829- 2/25/2014 17.C. 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 EIGHT: EFFECTIVE DATE This Ordinance shall become effective October 1, 2014. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney 12 -COA- 00170/14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN 8 Packet Page -1830-