Ordinance 97-08 ORDINANCE NO. 97- $
THE COLLIER COUNTY FALSE ALARM
ORDINANCE; PROVIDING DEFINITIONS;
PROVIDING RESPONSIBILITY FOR SECURITY
ALARM SYSTEMS AND FALSE ALARMS;.
REQUIRED RESPONSE; PROVIDING FOR
WARNING OR CITATION OF FALSE ALARM ~'
VIOLATIONS; PROVIDING FOR FALSE ALARM ?'
REPORT FORMS AND CORRECTIVE ACTION; :'
PROVIDING FOR FALSE ALARM FINES; :.
EXCEPTIONS; PROVIDING ENFORCEMENT ~
AND PENALTY PROVISIONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, security alarm systems in unincorporatcd Collier County
convey alarm signals to the Collier County Sheriffs Office to indicate an apparent
forced entry into or from the secured premises; and
WHEREAS; approximately ninety-eight percent (98%) of security alarm
signals received by the Sheriffs Office are false alarms; and
WHEREAS, persons who should be responsible to prevent false alarms
from being emitted from their security alarm system often fail to assume their
responsibilities to prevent false alarms, whereby thousands of unnecessary official
law enforcement responses to such false alarms waste valuable time of law
enforcement officers ofthe Collier County Sheriffs Office; and
WHEREAS, persons who do not voluntarily assume their responsibilities
to prevent false alarms, will, through enforcement of this Ordinance, be subject to
fees, fines and other possible penalties; and
WHEREAS, the Board of County Commissioners finds that it is in the best
interests of the citizens and residents of Collier County to adopt this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the
following Ordinance is hereby adopted.
SECTION ONE: This Ordinance is titled and should be cited as the "Collier
County False Alarm Ordinance."
SECTION TWO: DEFINITIONS. As used herein, the following terms
shall have the specified meanings unless another meaning is clearly required by
the context:
Enforcement official means the Sheriff of Collier County, each Deputy
Sheriff, and/or any authorized representative or designee of the Sheriff.
False alarm means activation of a security alarm signal caused by
something other than an actual or attempted forced or unauthorized entry into or
forced or unauthorized exit from the secured premises, and which signal results in
a law enforcement response. There shall be a rebuttable presumption that a
security alarm signal is a false alarm whenever an enforcement officer responds to
an alarm signal and the responding officer determines that the alarm signal was
triggered by (a) a erause other than an attempted or actual forced or unauthorized
entry into or forced or unauthorized exit from the secured premises, or (b) by
intentional activation of that alarm signal based upon a good faith, reasonable
mistake that a crim~ was being committed at the secured premises.
Official response means whcu any enforcement officer responds by
traveling to a secured premises in response to a security alarm signal from that
premises.
Owner means owner of the secured premises, including each co-owner of
co-owned property, including, and not limited to, each tenant by the entireties,
each joint tenant, and each tenant in common.
Pr~.mises means any residence, any building or structure, and any
apartment, office, condorninium, or any other unit thereof.
Responsible party means (a) each owner, Co) each 18 years or older
occupant of the secured premises, and (c) each tenant and each subtenant, and (d)
other persons or entities, if any, that have by written agreement with the owner
agreed to be responsible for false alarms emitted from that secured premises.
Secured Premises means the premises intended to be protected by the
security alarm system.
Security alarm malfunction means emission of any alarm signal caused by
mechanical failure, improper system design, equipment realfunction. improper
maintenance or lack of maintenance, power failure or power surge, or other
substantially similar cause. Malfunctions do not include any accidental activation
of the alarm signal by an action that the system was designed to bc triggered by.
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 officer. 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.
Signal means a power impulse or audible tone emitted from a security
alarm system which indicates that a true or false alarm has occurred.
Vacant means premises that are not physically occupied by any responsible
adult at any time du. ring an official response by an enforcement officer.
SECTION THREE: RESPONSIBILITY FOR SECURITY ALARM
SYSTEMS AND FALSE ALARMS; REQUIRED RESPONSE.
(a) Resp. onsibili_n, for Securl.ty 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 solely, jointly
and severally, with each responsible party. Each active security alarm systera in
unincorpomtcd 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 "91 I"), or any other
telephone number assigned to the Sheriffs Office except as then required by
federal law, state law, or county ordinance.
Co) Rcsponsibili.ry For False Alarms. Each owner of the secured
premises is primarily responsible under this Ordinance for false alarms at the
secured prerniscs. Owners may by lease or other written agreement assign that
primary responsibility to persons or entities that occupy the secured prcmises, or
to managers of the secured premiscs; howcvcr, 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) Responsible Party. Response. When responding to an alarm at a
vacant secured premises, the responding officer should attempt to contact a
responsible party. If within ten (l 0) minutes of arrival at the secured premises the
alarm signal is not terminated, that alarm may be terminated by the County.
SECTION FOUR: WARNING OR CITATION OF FALSE ALARM
VIOLATIONS.
(a) F.~ A written warning shall be issued for the first false
alarm at that secured premises which occurs after the effective date of this
Ordinance. The warning may be left at the secured premises or otherwise
delivered to a resppnsible party. The warning may be left at a conspicuous 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 United States mail,
but if returned undclivered, then mailed by certified mail, return receipt requested,
or by actual service by any other lawful service ofprocess.
(b). Second and Subsequent False Alarms. An enforcement official may
issue a citation of a false alarm violation of this Ordinance for the second 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.
SECTION FIVE: FALSE ALARM REPORT FORM - CORRECTIVE
ACTION.
(a) Securi.ty Alarm Report Form. In each instance where a security alarm
is det~rrnined by warning or citation of violation from an enforcement official to
be a false alarm, a responsible party must promptly file with the Collier County
Sheriffs Office a completed "Security Alarm Report Form." That form must be
completed with true and correct information and be returned to the Sheriffs
Office within twenty (20) days of the date of that false alarm.
(b) Each report form, when completed, must include the following
information:
4
(I) The full name(s), address, home and/or work telephone number
of at least one (1) responsible individual regarding the security alarm system at
that secured premises.
(2) The name, address and telephone number of at least one (I)
authorized individual representative of a responsible party who can be
immediately notified in the event of a subsequent false alarm at that premises.
(3) If applicable, the name and 24-hour telephone number of the
business or entity that will be monitoring that alarm system.
(4) The exact cause of the alarm, if known. If the cause of the
alarm is not known, specify in detail the suspected cause of the alarm. If
applicable, include all information that indicates the alarm was not a false alarm.
(5) Describe all corrective action that was taken to eliminate that
cause of that false alarm from recurring.
(6) Other information that may assist the Sheriffs Office in the
event of a subsequent false alarm from that alarm system.
(c) Corredtive Action. Unless it is obvious that the alarm was triggered
by a cause other than a system realfunction, the system should be examined by an
alarm technician or another person who is knowledgeable regarding causes of
security alarm system realfunctions for that type of system, whereby a good faith
attempt is made to prevent that type of false alarm from reoccurring.
(d) Failure to Promptly Deliver False Alarm Report Form - Fine. Each
failure to have the completed False Alarm Report Form delivered to the Sheriff's
Office by the date due'shall subject the responsible party to a civil fine of $25.00.
These late reporting fines are in addition to fines for false alarms.
(e) Separate Report for Each False Alarm. Each false alarm more than
twenty-four (24) hours apart from a prior false alarm where there was an official
enforcement officer's response shall require the filing of a separate "Security
Alarm Report Form."
SECTION SIX: FALSE ALARM FINES; EXCEPTIONS,
(a) False Alarm Fines. A written warning (for the first false alarm) does
not require payment of a fine. After a citation for a second or subsequent false
alarm violation is issued, a responsible party shall, within thirty. (30) days of the
date of that alarm, pay to the Clerk of the Courts a false alarm civil fine as
follows:
FALSE ALARM FrNE SCHEDULE
Number of False Alarms Within a 180 Day Period
False Alarm Fine Per False Alarm:
First Response ....................Must File Report; no false alarm fine.
Second Response ...............File Report plus $75.00 fine.
Third Response ..................File Report plus $75.00 fine.
Fourth Response ...............File Report plus $75.00 fine.
Five or more Responses: ....File Report; mandatory court
appearance and fine of not less than $100.00 nor more than
$300.00.
Co)
(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 filed and all false alarm fines arising out of every prior 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 for 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 Sheriffs Office and all prior false alarm fines 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" status.
(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 eftme was then being committed at the
secured premises. The responding enforcement official 'will deign/fine
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 SEVEN: ENFORCEMENT AND PENALTY PROVISIONS.
(a) lnco.rporation of Section 1-6 of the County_ Code of Laws and
~Ainanf, u. In addition to all enforcement provisions 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 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 for enforcement pursuant to Chapter 162, Florida Statutes,
including filing liens against the secured premises.
(b) Joint and Severable Res'ponsibili_ty to Pay Fees and Fines. All fees
and/or fines charged under this Ordinance shall be an obligation owed jointly and
severally by each ~:esponsible party. Fees and fines shall be paid to the Clerk of
Court within the time periods specified in this Ordinance except as may be ordered
otherwise by a trial judge. Prompt payment of each false alarm fine shall clear and
settle that false alarm violation, but shall not affect the duty to file the respective
False Alarm Report Form.
(c) Fines and Costs Imposed by Court. Fines and costs imposed against
a responsible party are to be distributed as follows: Four dollars ($4.00) to the
Clerk of the Courts 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 off-
set the Sheriffs operating budget costs.
SECTION EIGHT: 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 yalidity of the
remaining portion.
SECTION NINE: 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 relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appwpriate word.
e
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida
Depaxtment of State, but shall not be enforced until 12:0 1 A.M. on the l= day of
April, 1997.
PASSED AI~ID DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~f' day of _t:~C~~ ,1997.
ATTEST: '
. .:BROeK, BOARD OF COUNT COMMZSStONERS
CLi~RIe.~ ' .'~%,.. COLLIER CO~, FLO~DA
~reta~ of Sto[ 's Office th~
f
[eEa[ ~cj~: a~ oc~l~g~ent of thae
~omas C. Palmet
Assis~t CounW Attorney
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 copy of:
ORDINANCE NO. 97-8
Which was adopted by the Board of County Commissioners on the 28th day
of January, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 31st day of January,
1997.
~GHT ~ BROCK , ~ ....
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County Commissio~.e'r~. :~, L......-.' :'.,.~' :.
Deputy Clerk ,',, .:'. i',~ ~ '~::; "'~?': .'
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