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Agenda 03/26/2019 Item #17B03/26/2019 EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Ordinance No. 97-8, as amended, the Collier County False Alarm Ordinance to allow for service of warnings and citations to be made by text message or electronic mail. (Sheriffs Request) OBJECTIVE: To support the enforcement of the Collier County False Alarm Ordinance by the Collier County Sheriff's Office (CCSO). CONSIDERATIONS: The Collier County False Alarm Ordinance (Ordinance No. 97-8) was adopted by the Board of County Commissioners on January 28, 1997 and has been amended from time to time. The Collier County False Alarm Ordinance is administered by the Collier County Sheriff's Office. Collier County Sheriff's Office has requested that the Collier County False Alarm Ordinance be further amended to allow for service of warnings and citations to be made by text message or electronic mail using the contact information provided by the Owner during the registration process. This information has typically been collected on the Alarm Registration Form which is required from all registered alarm owners. At its March 12, 2019 regular meeting (Item 16-K-7) the Board authorized the County Attorney to advertise the proposed amendment for future consideration. FISCAL IMPACT: The cost of advertising was $357.00. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management considerations associated with this item. RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance amending Ordinance No. 97-8, as amended, the Collier County False Alarm Ordinance, to allow for service of warnings and citations to be made by text message or electronic mail. PREPARED BY: Commander Michael Williams, Collier County Sheriff's Office Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Proposed Ordinance - False Alarms (PDF) 2. Legal Ad - Amendment to False Alarm Ordinance (PDF) 17.B Packet Pg. 1225 17.B 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doe ID: 8310 Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 97-8, as amended, the Collier County False Alarm Ordinance to allow for service of warnings and citations to be made by text message or electronic mail. Meeting Date: 03/26/2019 Prepared by: Title: Legal Assistant/Paralegal — County Attorney's Office Name: Virginia Neet 03/14/2019 9:16 AM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 03/14/2019 9:16 AM Approved By: Review: County Attorney's Office Office of Management and Budget County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Jennifer Belpedio Level 2 Attorney of Record Review Laura Wells Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Mark Isackson Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 03/14/2019 4:00 PM Completed 03/14/2019 4:28 PM Completed 03/15/2019 9:06 AM Completed 03/15/2019 12:05 PM Completed 03/17/2019 8:03 PM 03/26/2019 9:00 AM Packet Pg. 1226 ORDINANCE NO. 2019 - AN ORDINANCE AMENDING ORDINANCE NO. 97-8; AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION FOUR, WARNING OR CITATION OF FALSE ALARM VIOLATIONS; REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN 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 ordinance has been amended from time to time; and WHEREAS, the Collier County False Alarm Ordinance is administered by the Collier County Sheriff's Office and upon request and recommendation by that Office, the Board now wishes to allow for service of warnings and citations to be made by text message or electronic mail using the contact information provided by the property owner during the registration process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Four of Ordinance 97-8, As Amended. Section Four of Ordinance No. 97-8, as amended, is hereby amended as follows: SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOLATIONS. First and Subsequent False Alarm. A �witte warning may be issued for the first and subsequent false alarms at the respective secured premises. The warning may shall left at the seetffed pr -e ises ^M ethe ,,A4se delivered to a responsible party via text or electronic mail based on preferences checked duringthe he registration process. If a warning via text or electronic mail is not practical or possible, the warning may be left at the secured premises. The waming may be premises.left at a . . plaee within a vaeant seetife premises, or may—be I -eft. v.44h. any adult. Alternatively, the warning may be mailed to any responsible party by regular United States mail, or by actual service by any other lawful service of process. SECTION TWO: Amendment to Section Five of Ordinance 97-8, As Amended. Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows: SECTION FIVE: FALSE ALARM REGISTRATION FORMS. Words Underlined are added, Words S4uck Ta otf are deleted. Page 1 of 2 17.B.a Packet Pg. 1227 17.B.a (c) Each registration form shall automatically expire seven hundred and thirty (730) days after its date of issuance and, upon expiration, the responsible party shall renew its registration. 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 Sheriff's False Alarm Unit will attempt to provide written or electronic notice to the responsible party of the need to renew that Form. 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 the 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: Conflict and Severability. In the event 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2019. Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL, CLERK COLLIER COUNTY, FLORIDA C , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: Jennifer A. Belpedio tp� Assistant County Attorney Words Underlined are added; Words Stmok Tl ough are deleted. Page 2 of 2 Packet Pg. 1228 NOTICE OF PUBLIC HEARING . NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 26, 2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples. FL., the Board of County Commissioners (Bcc) will consider the enactment of these County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance as follows: AN ORDINANCE AMENDING ORDINANCE NO. 97-8; AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION FOUR, WARNING OR CITATION OF FALSE ALARM VIOLATIONS; REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS, PROVIDING FORCONFLiCTAND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. lyw!All "'.2 A copy of the proposed Ordinance on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. individual speakers will be limited to 3 minutes on any item. The selection of any 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 speak on 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 materials "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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 the 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380 at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, 1R., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk March 14, 2019 No.2248636 17.B.b Q Packet Pg. 1229