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Chapter 5 - Alarm Systems Chapter 5 ALARM SYSTEMS Article I. In General Secs. 5-1-5-20. Reserved. Article II. False Alarms Sec. 5-21. Title. Sec. 5-22. Definitions. Sec. 5-23. Responsibility for security alarm systems and false alarms; required response. Sec. 5-24. Warning or citation of false alarm violations. Sec. 5-25. False alarm registration forms. Sec. 5-26. False alarm prevention program. Sec. 5-27. False alarm fines; exceptions. Sec. 5-28. Enforcement and penalty provisions. Supp.No. 13 CD5:1 ALARM SYSTEMS §5-22 ARTICLE I. IN GENERAL False alarm means activation of a security alarm signal caused by something other than an Secs. 5-1-5-20. Reserved. actual or attempted forced or unauthorized entry into or forced or unauthorized exit from the secured premises, and which signal results in a ARTICLE II. FALSE ALARMS law enforcement response. There shall be a rebuttable presumption that a security alarm Sec. 5-21. Title. signal is a false alarm whenever an enforcement officer responds to an alarm signal and the This article is titled and should be cited as the responding officer determines that the alarm "Collier County False Alarm Ordinance." signal was triggered by;(a)a cause other than an (Ord. No. 97-8, § 1, 1-28-97;Ord. No. 01-56, § 1, attempted or actual forced or unauthorized entry 10-23-01) into or forced or unauthorized exit from the secured premises;or(b)by intentional activation Sec. 5-22. Definitions. of that alarm signal based upon a good faith, As used herein,the following terms shall have reasonable mistake that a crime was being com the specified meanings unless another meaning mitted at the secured premises. is clearly required by the context: Official response means when any enforce- Alarm Company means either an Alarm Instal- ment officer responds by traveling to a secured lation Company or Alarm Monitoring Company premises in response to a security alarm signal as determined by its use within this Ordinance. from that premises. Alarm Installation Company means a person Owner means owner of the secured premises, or entity whose business includes the selling, including each co-owner of co owned property, providing,maintaining,servicing,repairing,alter- including, and not limited to, each tenant by the ing,moving or installing Security Alarm Systems entireties, each joint tenant, and each tenant in in residential,commercial and/or industrial build- common. ings. Such company must be properly licensed, Premises means any residence, any building as required by law, to conduct business within or structure, and any apartment, office, the unincorporated portions of Collier County. condominium, or any other unit thereof. Alarm Monitoring Company means a person Responsible party means; (a) each owner; (b) or entity whose business includes receiving signals each 18 years or older occupant of the secured from Security Alarm Systems for the purpose of premises; (c) each tenant and each subtenant; relaying related information to third parties, and(d)other persons or entities,if any,that have including law enforcement, for the purpose of by written agreement with the owner agreed to initiating a response thereto. Such company be responsible for false alarms emitted from that must be properly licensed, as required by law, to secured premises. conduct business within the unincorporated por- tions of Collier County. Secured premises means the premises intended to be protected by the security alarm system. Alarm Registration Form means the form to be filled out and turned in by all responsible Security alarm malfunction means emission of any alarm signal caused by mechanical failure, parties or an electronic format in which the applicable data is supplied, as provided by the improper system design, equipment malfunc Sheriffs Office. tion, improper maintenance or lack of maintenance, power failure or power surge, or Enforcement official means the Sheriff of Col- other substantially similar cause. Malfunctions Tier County, each deputy sheriff, and/or any do not include any accidental activation of the authorized representative or designee of the alarm signal by an action that the system was sheriff. designed to be triggered by. Supp. No. 76 CD5:3 L§5-22 COLLIER COUNTY CODE Security alarm system means any alarm device written agreement assign that primary that is used to emit a signal to alert persons of an responsibility to persons or entities that occupy attempted or actual forced entry into or forced or the secured premises, or to managers of the unauthorized exit from the secured premises, secured premises; however, failure of any such and which system emits a signal (electrical non-owner to fully comply with any warning or impulse and/or tone)to prompt an official response citation under this Ordinance shall render the from any Collier County enforcement official. owner responsible for such false alarms and the Excluded are; (1) alarm devices that emit alarm resulting penalties. Each responsible party is signals because of unauthorized acts to a vehicle; jointly and severally responsible under this and(2)systems installed by a telephone company Ordinance for all false alarms at the respective to protect only the company's telephone equip- secured premises. ment. (c) Any Alarm Installation Company which Signal means a power impulse or audible tone installs or modifies a Security Alarm System as emitted from a security alarm system which specified herein shall provide written and oral indicates that a true or false alarm has occurred. instruction to the Owner in the proper use, operation and maintenance of the Security Alarm Vacant means premises that are not physi- System. Such instructions shall specifically cally occupied by any responsible adult at any include all information necessary to turn the time during an official response by an enforce- Security Alarm System on and off and how to ment officer. avoid False Alarms. Installer personnel shall (Ord. No. 97-8, § 2, 1-28-97;Ord. No. 01-56, § 2, complete an appropriate checklist at the conclu- 10-23-01; Ord. No. 2014-07, § 1; Ord. No. 2017- sion of instructions to Owner, and shall certify 32, § 1) the same to the Sheriffs Office. LSec. 5-23. Responsibility for security alarm (d) Alarm installations shall not use automatic systems and false alarms; voice dialers that ring directly into law enforce- required response. ment offices,nor shall have any such connections to a telephone line of the Sheriffs Office or (a) Responsibility for Security Alarm Systems. associated department. Should an Alarm Instal- Neither the County, nor the Sheriff's Office, nor lation Company discover such a connection they any member of either shall have or assume any are required to notify the Sheriffs Office of such responsibility for the installation, repair, within 24 hours. maintenance, operation, or effectiveness of any security alarm system not then owned by Collier (e) No Alarm Installation Company shall use County. Responsibilities for false alarms emitted the Sheriffs Office as the terminal point for any by the respective Security Alarm System rest Security Alarm System without the written solely,jointly and severally,with each responsible permission of the Sheriffs Office. party. Each active Security Alarm System in (f) An Alarm Monitoring Company shall make unincorporated Collier County must always have two (2) attempts to verify each alarm signal at least one (1) responsible party. No person or activation with the registered Owner after request- entity shall maintain any Security Alarm System ing law enforcement for alarm response. This that automatically dials the statewide emergency clause excludes alarm signals triggered by panic, telephone number(currently"911"),or any other duress, or hold up alarms. telephone number assigned to the Sheriffs Office except as then required by federal law,state law, (g) When reporting alarm activation signals or county ordinance. to the law enforcement agency,the Alarm Monitor- ing Company shall use only telephone numbers (b) Responsibility for False Alarms.Each owner designated by the Sheriffs Office. of the secured premises is primarily responsible under this Ordinance for false alarms at the secured premises. Owners may by lease or other Supp. No. 76 CD5:4 ALARM SYSTEMS §5-25 (h) Prior to initiating the installation, repair alarms at the respective secured premises. The or testing of an Alarm System, the Alarm warning shall be delivered to a responsible party Company shall inform the Sheriffs Office of such via text or electronic mail based on preferences work, and if possible, shall take the Alarm checked during the registration process. If a offline prior to doing so. When a technician of an warning via text or electronic mail is not practi- Alarm Installation Company or Alarm Monitor- cal or possible, the warning may be left at the ing Company sets off an alarm system while secured premises. Alternatively, the warning performing a test, installation or repair, the may be mailed to any responsible party by technician must immediately inform the Sheriffs regular United States mail, or by actual service Office that an officer does not need to be by any other lawful service of process. dispatched. If an officer is dispatched to a false (Ord. No. 97-8, §4, 1-28-97;Ord. No. 01-56, § 4, alarm set by a technician of an Alarm Company 10-23-01; Ord. No. 04-48, § 1;Ord. No. 2008-52, due to the failure to abide by this paragraph,the § 1, 9-9-08; Ord. No. 2019-04, § 1) Alarm Company shall be fined fifty dollars ($50.00). Sec. 5-25. False alarm registration forms. (i) Alarm Installation Companies and Alarm Monitoring Companies shall ensure that all (a) No Security Alarm System installed on or respective users of Security Alarm Systems are after November 1,2001,shall be operated until a given adequate initial training on its proper use. completed Alarm Registration Form has been received by the Collier County Sheriffs Installers and monitoring companies may also Office False Alarm Unit. A separate Registration Form provide any agency-required alarm prevention courses and/or additional on-site training for is required for each Security Alarm System. The users requiring additional training. Registration Form shall be supplied by the Sheriffs Office to the responsible party and shall (j) Record keeping. An Alarm Monitoring be filled out completely with the required informa- Company shall maintain for a period of at least tion. one year from the time of an alarm dispatch request,all records relating to that alarm dispatch (b) For each Security Alarm System that was request. Such records shall include the name, installed at the secured premises prior to address and telephone numbers of the Owner, November 1, 2001, the completed Registration the Security Alarm System zone activated, the Form must be filed not later than five (5) week time of the alarm dispatch request,and evidence days of the first false alarm that occurs after of the attempt to verify the alarm signal with the November 1, 2001. Owner. If such a request is made within sixty (60) days of the alarm event, the information (c) Each registration form shall automatically shall be provided to the Sheriffs Office within expire seven hundred and thirty(730)days after five (5) business days. If the request is made its date of issuance and, upon expiration, the after sixty(60)days of the event,the information responsible party shall renew its registration. shall be provided within thirty(30) days. Each registration renewal must be received by Alarm Monitoring Companies shall, upon the Sheriffs False Alarm Unit before the then- (k) effective Registration Form expires. A copy of request, provide a list of its active accounts in the Registration Form shall be retained by the Collier County to the Sheriffs Office within five applicable Alarm Company for their records. At (5) business days. least thirty (30) days before the expiration date (Ord. No. 97-8, § 3, 1-28-97;Ord. No. 01-56, § 3, of each then-effective Registration Form, the 10-23-01; Ord. No. 2014-07, § 2) Sheriffs False Alarm Unit will attempt to provide Sec. 5-24. Warning or citation of false alarm written or electronic notice to the responsible violations. party of the need to renew that Form. First and Subsequent False Alarm. A warning (d) No registration form shall be transferred may be issued for the first and subsequent false to any other person, entity, or site. Supp. No. 83 CD5:5 5-25 COLLIER COUNTY CODE (e) Not later than five (5) week days after (h) Failure for a responsible party to register each respective change in the registration informa- or renew a complete Registration Form by its due tion, the responsible party for the respective date shall be a separate violation of this Ordinance Security Alarm System shall mail or otherwise and shall require prompt payment of a late fee of deliver to the Sheriffs Office False Alarm Unit $25.00. Late fees are in addition to fines. written notice of all changes that alter any (Ord. No. 97-8, § 5, 1-28-97;Ord. No. 01-56, § 5, information in the then-current Registration Form. 10-23-01; Ord. No. 2014-07, § 3; Ord. No. 2017- 32, § 2;Ord. No. 2018-26, § 1;Ord. No. 2019-04, (f) Each Registration Form must include the § 2) following information: (1) The full name(s), mailing address, Sec. 5-26. False alarm prevention program. residence and/or work place telephone (a) The sheriffs office will provide an number and email address(if applicable) educational program for the prevention of false of at least one responsible person regard- alarms and shall allow individuals to participate ing the respective Security Alarm System in any false alarm prevention program. at that Secured Premises. (b) After participation in a program by a (2) The name,mailing address,and telephone person associated with the respective secured number of at least one authorized premises, the sheriffs office shall issue one individual representative of a responsible "certificate of participation" to the credit of that person who can be immediately notified respective secured premises. The certificate,along in the event of a false alarm or any with a $5.00 fee paid to the Board of Collier emergency at that secured premises. County Commissioners, may be used by a (3) If applicable to the secured premises,the representative of the secured premises to void name and 24-hour telephone number(s) one prior,or one future false alarm,including the of the individual or entity monitoring the penalties that would otherwise result from that respective Security Alarm System. false alarm. No certificates shall apply to a seventh or higher false alarm. The certificate for (4) Any dangerous or special conditions pres- credit against a future violation shall expire 365 ent at the secured premises that would days after its issuance date. be of value to the safety of security of a (Ord. No. 01-56, § 6, 10-23-01; Ord. No. 04-48, responding person or to the secured § 1; Ord. No. 2008-52, § 1, 9-9-08) premises. Sec. 5-27. False alarm fines;exceptions. (5) Other information that may assist responding persons in the event that a (a) False alarm fines. The first false alarm false alarm occurs at the secured premises. does not require payment of a fine. The second false alarm does not require payment of a fine if (g) Information contained in the registration the premises is registered. If the premise is not application form is confidential and is exempt registered, however, fines may be issued for the from public disclosure to the extent authorized second false alarm and also for a registration in F.S. § 281.301, as now or hereafter amended violation. When a citation for a false alarm or superseded, which as of November 1, 2001, violation is issued, a responsible party shall, applies to property owned by or leased to the within thirty(30)days of the date of the violator's State of Florida or any of its political subdivi- receipt of that citation, pay to the Board of sions, including Collier County, and to every Collier County Commissioners a false alarm civil other public or private agency, person, partner- fine as follows: ship, corporation, or business entity acting on behalf of any public Agency as now or hereafter defined in, or incorporated by reference into F.S. § 119.011(2). Supp. No. 83 CD5:6 ALARM SYSTEMS §5-28 False Alarm Fine Schedule premises. The responding enforcement False Alarm Fine Per False Alarm: official will determine whether there was a reasonable mistake of fact to justify the First Response No false alarm fine. intentional activation of that alarm signal. If excused,that alarm shall not be counted Second Response No false alarm fine if as a false alarm. registered. $25.00 false alarm fine if not (Ord. No. 97-8, § 6, 1-28-97;Ord. No. 01-56, § 7, registered,plus$25.00 10-23-01; Ord. No. 04-48, § 1;Ord. No. 2008-52, registration fine. § 1, 9-9-08; Ord. No. 2014-07, § 4; Ord. No. Third or Fourth Response Citation issued;$75.00 2017-32, § 3) fine. Fifth or Sixth Response Citation issued;$100.00 Sec. 5-28. Enforcement and penalty provi- fine. sions. Seventh or Eighth Citation issued;$150.00 (a) Incorporation of Section 1-6 of the County Response fine. Code of Laws and Ordinances. In addition to all Ninth or more Response Citation issued;$200.00 enforcement provisions specified in this Ordinance, fine. and as provided for in F.S. § 125.69, any person who shall violate any provision of this section (b) Exceptions. shall, at the election of the County be subject to the enforcement provisions of Section 1-6 of the (1) One hundred eighty days without a false Collier County Code of Laws and Ordinances, alarm. If 180 days pass without a false excluding possible imprisonment, except for alarm from the respective alarm system, contempt of court. Violations of this Ordinance a "clean slate" status shall be automati- may be referred by the Sheriff to the Code cally granted to that system if all false Enforcement Board, or to the County's Code alarm fines arising out of every prior Enforcement Special Magistrate for enforcement false alarm for that system have been pursuant to the County's Code Enforcement paid. The first false alarm after "clean Special Magistrate Ordinance and Chapter 162, slate" status does not require a written Florida Statutes, including filing liens against warning and shall commence a new 180 the secured premises. days time period from subsequent false alarms from that alarm system. (b) Joint and severable responsibility to pay (2) New alarm system installed. Installation fees and fines. All fees and/or fines charged of an entirely new security alarm system under this Ordinance shall be an obligation at the secured premises, upon written owned jointly and severally by each responsible notice of same to the sheriffs office and party. Fees and fines shall be paid to Collier all prior false alarm fines and late fees County Board of County Commissioners within are paid, shall be classified as a new the time periods specified in this Ordinance system and shall be treated as an alarm except as may be ordered otherwise by the system that had no prior false alarm(s), Special Magistrate. Prompt payment of each "clean slate" status. false alarm fine shall clear and settle that false alarm violation, but shall not affect the duty to (3) Good faith mistake of crime being corn- file any Registration Form. mitted.No person shall violate this article by intentionally setting off a security (c) Fines and costs imposed. Fines and costs alarm signal to prompt an official response imposed against a responsible party are to be if that alarm was set off based upon a distributed as follows: $5.00 to Collier County reasonable mistake of fact that a crime Code Enforcement as an administration fee, and was then being committed at the secured the balance of the funds of each fine is to be Supp. No. 72 CD5:7 §5-28 COLLIER COUNTY CODE 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 30-day fine pay- ment 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 ($500.00), 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 F.S. Ch. 162. (Ord. No. 97-8, § 7, 1-28-97;Ord. No. 01-56, § 8, 10-23-01;Ord. No. 04-48, § 1;Ord. No. 2008-52, § 1, 9-9-08; Ord. No. 2014-07, § 5; Ord. No. 2017-32, § 4) Loy Supp. No. 72 CD5:8