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Ordinance 2004-48 ......'\2.3466> íf~'" ct~~ lJ ~ ~ ORDINANCE NO. 2004- ÆL ~ \- ..\\Vs II' ~ ~ ~~(\t\\11 N~ ORDINANCE OF COLLIER COUNTY FLORIDA, ~ ~\I\.\' DING COLLIER COUNTY ORDINANCE NO. 97-8, AS ~ ð~~ NDED, THE FALSE ALARM ORDINANCE; ?è'c?LZOZ6\~\ THORIZING VIOLATORS TO APPEAL CITATIONS TO THE CODE ENFORCEMENT SPECIAL MASTER; AUTHORIZING THE SHERIFF'S OFFICE TO REFER UNPAID CITATIONS TO THE SPECIAL MASTER; PROVIDING THAT THE SPECIAL MASTER CAN ASSESS A CIVIL FINE UP TO $500 AND CAN FILE LIENS AGAINST VIOLATOR'S PROPERTY; INCREASING CIVIL FINES FOR FIVE OR MORE FALSE ALARM VIOLATIONS; PROVIDIN,G THAT CLASS CERTIFICATES FOR CREDIT AGAINST A FUTURE VIOLATION EXPIRE AFTER 365 DAYS OF ISSUANCE DATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as of April 1, 1997, the Collier County False Alarm Ordinance (No. 97 -8) became effective; and WHEREAS, the original False Alarm Ordinance was amended 41. OctQber of \. ~ ,. ,n' 2001 by Ordinance No. 2001-56; and .- WHEREAS, the False Alarm Ordinance is administered by the Sh~riffs rg>ffice; and WHEREAS, The Sheriffs Offices desires that (1) the civil fines for 1iye o'i?more ~; ¿':, (.~ False Alarm violations be increased as specified herein, and (ü) that the Git~ð vTòlator may appeal the false alarm citation to the County's Code Enforcement Special Master; and (ill) that the Sheriffs Office may refer unpaid false alarm fine violations to the Special Master, and (iv) the Special Master 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 Master Ordinance; and WHEREAS, the Board of County Commissioners accepts all amendments recommended by the Sheriffs Office. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that subsection (c) of Section FOUR, subsection (b) of SECTION SIX, subsection (a) of SECTION SEVEN; and subsections (a), (b), (c) and (d) of SECTION EIGHT of the Collier County "False Alarm Ordinance" are hereby amended as follows: 1 Text underlined is added; text struclc through is deleted. SEctION oNE: Collier County Ordinance No. 97-8, the "Collier County False Alarm Ordinance" as amended hy Ordinance No. 2001-56 (codified as Article 5 of the County's Code of Laws and Ordinances) is hereby amended as follows: SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOL,ATIONS, (a) First and Second False Alarm. A written warning shall be issued for the first and second 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 conspicuoús 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 Unired States mail, but if returned undelivered, then mailed by certified mail, remm receipt requested, or by actual service by any other lawful service of process. (b) Third and Subsequent False Alarms. An 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 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. fc) :F;..r the ,j,{m or ffiOre fMse alarms at me .ec:~ pr~:· se:, a ":¡o:':::e ~t ~ ~;;~~ :~ ~a::~~ ~:: ';::,::~h~ :~~ ::~,~; date, me ffiafidntory cuert appea.:: ~::: : :;::o:ett--. "¡¡,,re to pay me $100 lifte by It, due date will ~tI>:- :::: ;ftftdMUry wort appeatafice Oftle.. UtRC~ c=:; : _~___. -he-judge or other mer of fact can lffipose a fine frem-$100-te $300 plus other applicahle cost:r. SECTION SIX: FALSE ALARM PREVENTION PROGRAM. (a) The Sheriffs 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 of the administrative 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 a program class by a person associated with the respective secured premises, the Sheriffs 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) ptior or one (1) future false alarm, including the penalties that would otherwise result from that false alarm. No certificate shall apply to a,,¡,.tlt seventh or higher false alarm. The Certificate for credit a ainst a future violation shall ex ire three hundred and six -five (365) days after its issuance date. SECTION SEVEN: FALSE ALARM FINES; EXCEPTIONS. (a) False Alann Fines. A written waming (for the first and second false alarms) does not require payment of a fine. After a citation for a third or subsequent false alann violation is issued, a responsible party shall, within thirty (30) days of the date of the violator's receipt of that citation alarm, pay to the Clcrl{ of the Courts Collier County Code Enforcement a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE Number of False .L^JaffflS Withifl a 180 Day Period False Alarm Fine Per False Alarm: First Response........····.... Second Response,......·· .... Third Response.......·· ....... Fourth Response...,....· .... Fifth or Sixth Response....... Seventh or Eight Response. Ninth or more Res onse,., ~ Warning issued, no false alarm fine. Warning issued, no false alarm fine. Citation issued; $75.00 fine. Citation issued; $75.00 fine. Citation issued; $100 $75.00 fine. Citation issued, $150 fine. Citation issued 200 fine, Sixth Respoflse... Notice to },.ppear issued aad a $100,00 ftne if the fine is pftid on time. Titndy payment of the $100.00 fifle cance~~ thtt: ffi...dotory court "I'l'eoronce. Mo"dotory co....t "I'I'eor...ce CRft rc,ult ~ ft hae of not less tha-a $100 flor more than $300.00 at the œscretiOfi of the trier 0 f filct. (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 fùed and all false alarm fines arising out of every 3 Text underlined is added; text struck through is deleted. pnor false alarm for that system have been paid. The first false alarm after "clean slate" status shall require only a written warning and shall commence a new 180 day time period form subsequent false alanns from that alarm system. (2) New Alarm System Installed. Installation of an entirely new security alann system at the secured premises, upon written notice of same to the Sheriffs Office and all prior false alann 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" sratus. (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 was alarm 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 that 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 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 Laws and Ordinances, excluding possible imprisonment, except for contempt of' c6urt. Violations of this Ordinance may be referred by the Sheriff to the Code Enforcement Board, or to the County's Code Enforcement Special Master, for enforcement pursuant to the County's Code Enforcement Special Master Ordinance and Chapter 162, Florida Statutes, including filing liens against the secured premises. (b) J oint and Severable Responsibility to Pay Fees and Fines. All fees and/ or fines charged under this Ordinance shall be an obligation owned joindy and severally by each responsible party. Fees and fines shall be paid to the Clcrl{ of Courts Collier County Code Enforcement within the time periods specified in this Ordinance except as may be ordered otherwise by it trial judge the Special Master. Prompt payment of each 4 Text underlined is added; text struck through is deleted, ".--..-....,.------. false alarm fine shall clear and settle that false alarm violation, but shall not affect the duty to f1le any Registration Form. (c) Fines and Costs Imposed by Court. Fines and costs imposed against a responsible party are to be distributed as follows: Five dollars ($5,00) to Collier County Code Enforcement Clerk of the Court3 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 Prom tl Pa Fine and Costs. If a violator fails to a the fine and costs resulting from the cited violation of this Ordinance without filing a written notice of appeal received by the Special Master within the thir 30 da fine a ment eriod the cited violation can be referred b the Sheriffs Office to the Special Master. The Special Master can impose a civil fine against the violator not to exceed five hundred dollars Ius a licable costs and can file a lien for the res ective fine and costs a ainst the land at which the violation occurred and u on an 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. 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-Iettered 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. 5 Text underlined is added; text struck through is deleted. _._,".__.__.,_.~,..,"<"'._'_"_"'-""__'_'__" .0 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ó( 1<Jh day of .1' w~ ,2004. ATTEST: DWIGHT E. BROCK, CLEIU< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.,,\\11.."...... ""'~t\, . ~~A.') 'I', ..."" ð. "\,}.-.I t.lt.,t ~, ..... IC'!',"" .. ....... t.. .. ~.'" ~ .... -'. .... ,.~ By: ' j,": . ' - rbè)\tJ~V'cM ':: , ::".1: l'I-t t'!, :' ,.J '-::: ' ..<:. '. ;~'~, '" ,; "~. " - ~.... "'. ,~" ,.~, r ,'I n ,))''; ," «:~,. ,'. ..::'~~., '. c'· , . Approved as·t0·~rm~and Legal sufficiency: By: DON ~r~ - Thomas C. Palmer Assistant County Attorney This ordinance filed with the Secretory af State's Office the , ~ Ä.-. of .J\.Û\.f £4:10 ~ '^'J' v ' and acknowledgement of that filiCf received this ~ day of ~~~ By ~ Oep!::.~ 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 2004-48 Which was adopted by the Board of County Commissioners on the 27th day of July 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2004. DWIGHT E, BROCK ." Clerk of courts~.~~i~ Ex-officio to:~r·tl.(9,~,:ijrt,2.;: :'f' County commisSlo~Vs~\ Yb~' ",'~~~;; '.;,', , ~J . ~." !).~':>(:'-"~,~ :.: ~: . I¥f¿rh'~"~'~"::' 'i:~..!'.~:...... Þ. J -l,. ) a, : .;. <f~~g,~" ,,'~Æ~r ~ '.': 1~"'I"'f' .,.:w:,~~ ". ~ ',_.'r.:. '-;,~'.., ~..~,,'It: By: Linda A. H~~w~:~;f>" Deputy Clerk".. .:.",:,,>::'"