Agenda 07/22/2008 Item #13AAgenda Item No. 13A
July 22, 2008
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EXECUTIVE SUACMIARY
Recommendation that the Board of County Commissioners approves a proposed
amendment to Collier County's False Alarm Ordinance No. 97 -8, as amended, and
proposed by the Collier County Sheriffs Office, to change whether a deputy "shall" write
a violation to "may," to change attendance in a program to participation, to clarify fines
and violations and to change Special Master to Magistrate.
OBJECTIVE: For the Board of County Commissioners to approve a proposed
amendment to Collier County's False Alarm Ordinance No. 97 -8, as amended and
proposed by the Collier County Sheriffs Office.
CONSIDERATIONS: As the ordinance presently stands, there are several words that
need to be changed and particular sections that need to be excluded from the ordinance.
There is also a need to amend and add to the alarm ordinance in order to enhance a more
meaningful registration violation system.
Analysis: The False Alarm Bureau is requesting that verbiage in Section Four(a) for
written warnings be changed to "may" instead of "shall" since deputies may or may not
be aware if the written warning is a first or subsequent alarm. This change eliminates the
need for section four (b). Also, section four (a) pertaining to mailing the warning "by
certified mail return receipt requested" needs to be deleted, as this is a procedure that is
costly, not utilized and is not necessary.
Section six (a) and (b), regarding the False Alarm Prevention Program, needs amending
to refer to "programs" and "participation," not "classes" and "attendance." This reflects
the current Sheriff's Office Internet False Alarm Bureau's On -line education program.
Since the program is on -line, the process for paying the fee has changed, creating a
deletion to section six (a) in reference the $5.00 administrative cost. The process creates
an addition to section six (b) with the $5.00 fee being paid to the Board of Collier County
Commissioners.
To enhance the enforcement of the registration process, an addition to the ordinance is
noted in Section Seven(a) of the False Alarm Fines. An alarm owner, who has not
registered by a second false alarm, will be issued a false alarm citation for $25.00 and a
registration violation for $25.00. This will allow for a more meaningful fine schedule
and will give the alarm owner notice to comply with the false alarm ordinance.
According to the Model States Report, (a compendium of information provided by public
and private sectors of the alarm industry to jointly address concerns, solutions and
practices for reducing false dispatches), a more meaningful fine schedule may result in
reductions in false alarms. The payment for these citations is paid to the Board of Collier
County Commissioners, not Code Enforcement (who collects the payment) and is
corrected in Section Seven(a). The false alarm fine for a fourth response has been
combined with the third response because of redundancy, both are $75.00 fines. The
Agenda Item No. 13A
July 22, 2008
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False Alarm Bureau does not file reports for any alarms, thus creating a deletion for
Section Seven(bxi ).
These amendments will enhance the enforcement of the alarm ordinance and reflect a
more current practice and policy for the Collier County Sheriffs Office False Alarm
Bureau. If approved, the proposed amended ordinance will be advertised and placed on a
future Board of County Commissioners agenda for final approval and adoption.
FISCAL IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office and is legally sufficient for Board action. — CMG
GROW'T'H MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: For the Board of County Commissioners to approve an
amendment to Collier County's False Alarm Ordinance No. 97 -8, as amended and
proposed by the Collier County Sheriff's Office.
t : .i t 1ILi?
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Agenda Item No. 13A
July 22, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
13A
Item Summary:
Recommendation that the Board of County Commissioners approves an amendment to
Collier County's False Alarm Ordinance No. 97 -8, as amended, and proposed by the Collier
County Sheriff's Office, to change whether a deputy "shall" write a violation to "may," to
change attendance in a program to participation, to clarify fines and violations and to change
Special Master to Magistrate.
Meeting Date:
7/22/2008 9:00:00 AM
Approved By
Colleen Greene
Assistant County Attorner Date
County Attorney
County Attorney Office 7/3/2008 3:35 PM
Approved By
OMB Coordinator
OMB Coordinator Date
County Manager's Office
Office of Management & Budget 7/3/2008 3:42 PM
Approved By
John A. Yonkosky
Director of the Office of Management Date
_ County Manager's Office
Office of Management & Budget 7/8/2008 2:35 PM
Approved By
James V. Mudd
County Manager Date
Board of County
County Managers Office 7/9/2008 12:19 PM
Commissioners
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Agenda Item No. 13A
July 22, 2008
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ORDINANCE NO. 48 a '�
AN ORDINANCE OF COLLIER UNT'Y FLORIDA, AMENDING
COLLIER COUNTY ORDIZ CE 0.� -g, AS AMENDED, T7]E FALSE
ALARM ORDINANCE;AUTH VIOLATORS TO APPEAL
CITATIONS TO THE CODE ENFORCEMENT SPECIAL Mt4SF'Ht J sue+✓
AUTHORMNG THE SHERIFF'S OFFICE TO REFER UNPAID
CITATIONS TO THE SPECIAL MicM PROVIDING THAT THE MpfblfHR
SPECIAL MMffM CAN ASSESS A CTVE. FINE UP TO SSW AND
FILE LIENS AGAINST VIOLATOR'S PROPERTY; INCREASING CIVIL
FINES FOR FIVE OR MORE FALSE ALARM VIOLATIONS; PROVIDING
THAT CLASS CERTIFICATES FOR CREDIT AGAINST A FUTURE
VIOLATION EXPIRE AFTER 365 DAYS OF ISSUANCE DATE;
PROVIDING FOR CONFLICT AND SEVERABTI=; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, aa-ef-Apri1 1, 1997, the Collier County False Alum Ordinance A)O. 4 -7 — g
became effective; and
WHEREAS the False Alum Ordinance is admioisteredby tbrAShstiffa Office-, and
WHEREAS, the Sheriffs Office desires that (1) the civil fncs for five or more False
Alum violations be increased as specified harem, and (2) that the cited violator my appeal
the fake ala® citation to the County's Code Enforcement Special Messur and (3) that the t
Sheriffs Office may refer unpaid false alarm fine violations to the Special Maaser and (a) the
Special#fasaer may impose a civil fine not to exceed $500 and may file a fsc and costs lien
against the violator's property as authorized by Chapter 162, Florida Statutes, and by the
County's Special hlaawt- Ordinance, and "S'N0.ta
WIiEREAS !be Board of County Commissioners accepts all amen
recommended by thus Office.
A
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA, that aaa (e}e!<SECTION
rb) of SE a o SEVEN: and
Colder County "False Alaon
Ordnance" am hereby amended u follows:
Test underlined is added; t"t stwash 6psma is deleted
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. aS
SECTION ONE: Collier County Ordina„ev No 911-8. the "Collier County False Alarm
OrdmancePas e
is hereby amended as follows:
SECTIONFOUR: WARNING OR CTfATION OF FALSE ALARM VIOLATIONS
(a) First and goosed Subseauent Fabe Alarm A wrincri warning dog may be
issued for the fast and aeeeed 4 BI false a"23 the respective secured
premises. The waning may be left at the seared premises or otherwise
delivered to a responsible party. The warning may be Left at a conspicuous place
within a vacant secure premix, or may be left with any adult occupant,
employee, or agent of an occupant of an occupied secure premise.
Alternatively, the warning may be mailed to gay responsible party by regular
United States nail, hell 14: ashmeed -seds6 Pepsi then amAed by oer"ad assiI;
Or by actual =vice by any other lawful service of
process.
SECTION SIX: FALSE ALARM PREVENTION PROGRAM.
(a) The Sheriffs Office will provide an educational program shows for the
prevention of false alarms and shall allow individuals to -hand paticippp•�
any false alarm prevention program
ple - -669% r against elm "am pay a fee of $5.09 to sevff memo of the
ad—W-Wa6im -asks, This fee saso be poidbefian ea: at the vim of aNendsoaso &I
(b) After attesdonee at Vg9dRaion in a program ohm-by a person associated with
the respective secured premises, the Sheriffs Office shall issue one (1)
"Certificate of Aarsdame P_a ri' 'pstlon" to the credit of that respective secured
premise. The certificate, alone with a S5.00 fee said to the Board of Collier
County QMZd c,onas, may be used by a representative of The secured premises
to void one (1) prior or one (1) fun re false alarm, including the penalties that
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July 22, 2008
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would otherwise result from that false alarm No certificates shall apply to a
seventh of higher falm alarm The Certificate for txedtt against a future violation
shall expire three hundred and sixty fen (365) days after its issuance date.
SECITON SEVEN. FALSE ALARM FINES; EXCEPTIONS.
(a) Fake Alarm Fines. A wEittan wesiming (fe The first asd- eeeead fake elm*
does riot require payment of a fine. The second fake alarm does pot rearrve
payment of a fine if the premise is regisered. However. if the memise is not
remtmv& Saes may be issued for the second false alarm and also for a
reeistration violation After When a citation for a "d er- exbesquis E tike
alarm violation is issued, a responsible party shall, with thirty (30) days of
The date of the violator's receipt of that citation, pay to the_ @43 of Collier
County Code jisfaipm Commissioners a false alum civil fine as follows:
FALSE ALARM FINE SCHEDULE
False Alarm Fine per False Alarm:
Feat Response ................. .... ...........
W - ieeasd,—No fake alarm free.
Second Response .............................
Wersein -iewad; No false alarm fine, if
Registered. $25.00 false alarm fine if not
registered. plus 525.00 registration fine.
Third or Fourth Response ....................
Fewthn__p ___
Citation issued; $75.00 fine.
b3'tedessiasr
Fifth or Sixth Response .......................
#S75fin -fins,
Citation issued; 5100.00 fine.
Seventh or Eighth Response ..................Citation
issued; $ 150. W fine.
Ninth or nnre Response ...... ..........
...... Citation issued; 5200.00 fine.
(h) Exceptions:
(1) 180 Days Without a False Alarm: if our hundred eighty (180) days paw
without a fake alarm from the respective alarm system a "clean slate"
status shaft be automatically granted to that system of
been filed all fake fines arising out of every prior false alarm for
that system have been paid. The fast fate alarm after 'clean slate"
status shall require only a written warning and shall commence a new
180 days time period form subsequent false alarms from that alarm
system.
(2) New Alarm System Installed: Installation of an entirely new security
alarm system at the secured premises, upon written notice of same to the
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July 22, 2008
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Sheriffs Office and all prior false alarm fines and late fees are paid,
shag be classified a new system and shall be treated as an alarm system
that had no prior false alarm(a) — "clean slate" status.
(3) Good Faith Mmtalx of Grime Being Committed: No person shall
violate this Ordinance by intentionally setting off a security alarm
signal to prompt an official response if that alum was set off based
upon a reasonable mistake of fact tint a crime was then being
committed at the secure prermaes. The responding enforcement official
wr71 darcrrine whether there was a reasonable rmetaloe of fact to justify
the intentional activation of that alarm signal. If excused, that alarm
sball 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 Ordromces. In
addition to all enforcement ptovinares specified in this Ordinance, and as
provided for in Section 125.69, Florida Statutes, any person who shall violate
any provision of this Ordinance shall, at Ilse election of the County be subject
to the enforcement provision of Section 1.6 of the Collier Canty Code of
Laws and Ordinances, excluding possible imprisonment, except for contempt
of carat Violations of this Ordinance may be referred by the Sheriff to the
"- Code Enforcement Bound, or to the County's Code Enforcement Special
Maser Magoogg for enforcement pursuant to die County's Code
Enforcement Special Maear l Ordinance and Chapter 162, Florida
Stamm, including filing liens against the seemed premises.
(b) Joint and Severable Responsibility to Pay Fees and Fires: All fees and/or fees
charged under dos Ordinance shall be an obligation owned jointly and
severally by each respoosble party- Fees and fines shall be paid to Collier
County Code Eofotcemnos within the time periods speciGdi in this Ordinance
except as may be ordered otherwise by the Spc=l Mastiff Magi g= Prompt
payment of each false alum fine shall dear and settle that false alum
violation, but shall not affect the duty to file any Registration Form
(c) Fines said Costs Imposed: Fines and coats imposed against a responsible party
are to be distributed as follows: Five do0ars ($5.00) to Collier County Code
Enforcement as an administrative fee, and the balance of the feuds of each
fine rs to be deposited in the fine and forfeitures find of the ShcrWs Office to
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July 22, 2008
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offset the Sheriffs operating budget costs.
(d) Failure to promptly Pay Fine and Costs: If a violator fails to pay the fix and
coats resulting from the cited violation of this Ordinance without filing a
written notice of appal received by the Special # Mfg' tt�ratE within the
thirty (30) days fix payment period, the cited violation can be referred by the
Sherffa Office to the Special i•kow Ma ' te. The Special Mosier
Magistrift can impose a civil fine against the violams not to exceed five
hundred dollars ($500), phis applicable costs, and can file a lien for the
respective fix and coats against die land at which the violation occurred and
upon any odor real or personal property owned by the violtaim as then
authorized by Chapter 162, Florida Statutes.
SECTION TWO: CONFLICT AND SEVERABIDTY.
In the event that this Ordinance conflicts with any other ordure of Collier County of
other applicebie law, the mom restrictive shall apply. If any phrase or portion of thin
Ordinance is held invalid or rmconsdtational by any court of competent jurisdiction, such
portion shall be deemed separate, distinct and independent provision and such holdings 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 sad 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 "ardiname" may be changed to
"section", "article ", or any other appropriate word
. ay4 • • _.7 _yatl_ � � y
This Ordinance shall become effective upon filmg with the Florida Department of State.
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July 22, 2008
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PASSED AND DULY ADOPTED by the Board of Cotmty Comcrossionen of Collier
County, Florida, this day of 2007.
ATTEST:
DWIGHT E. BROCK,
CLERK
Br-
�=Aoowoy
C��
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONN FIALA, CHAIRMA,N, /
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