Sec. 5-21. - Title.

This article is titled and should be cited as the "Collier County False Alarm Ordinance."

(Ord. No. 97-8, § 1, 1-28-97; Ord. No. 01-56, § 1, 10-23-01)

Sec. 5-22. - 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 cause 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 crime was being committed at the secured premises.

Official response means when 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.

Premises means any residence, any building or structure, and any apartment, office, condominium, or any other unit thereof.

Responsible party means; (a) each owner; (b) each 18 years or older occupant of the secured premises; (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 malfunction, 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 be 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 during an official response by an enforcement officer.

(Ord. No. 97-8, § 2, 1-28-97; Ord. No. 01-56, § 2, 10-23-01)

Sec. 5-23. - Responsibility for security alarm systems and false alarms; required response.

(a)

Responsibility for security alarm systems. Neither the county, nor the sheriff's 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 the 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 system in unincorporated Collier County must always have at least one responsible party. No person or entity shall maintain any security alarm system that automatically dials the statewide emergency telephone number (currently "911"), or any other telephone number assigned to the sheriff's office except as then required by federal law, state law, or county ordinance.

(b)

Responsibility for false alarms. Each owner of the secured premises is primarily responsible under this article for false alarms at the secured premises. Owners may by lease or other written agreement assign that primary responsibility to persons or entities that occupy the secured premises, or to managers of the secured premises; however, failure of any such nonowner to fully comply with any warning or citation under this article shall render the owner responsible for such false alarms and the resulting penalties. Each responsible party is jointly and severally responsible under this article for all false alarms at the respective secured premises.

(Ord. No. 97-8, § 3, 1-28-97; Ord. No. 01-56, § 3, 10-23-01)

Sec. 5-24. - Warning or citation of false alarm violations.

First and subsequent false alarm. A written warning may be issued for the first and subsequent false alarms 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 conspicuous place within a vacant secure premises, or may be left with any adult occupant, employee, or agent of an occupant of an occupied secure premises. 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.

(Ord. No. 97-8, § 4, 1-28-97; Ord. No. 01-56, § 4, 10-23-01; Ord. No. 04-48, § 1; Ord. No. 2008-52, § 1, 9-9-08)

Sec. 5-25. - False alarm registration forms.

(a)

No security alarm system installed on or after November 1, 2001, shall be operated until a completed alarm registration form has been received by the county sheriff's office false alarm unit. A separate registration form is required for each security alarm system. The registration form shall be supplied by the sheriff's office or the alarm company and shall be filled out completely with the required information.

(b)

For each security alarm system that was installed at the secured premises prior to November 1, 2001, the completed registration form must be filed not later than five week days of the first false alarm that occurs after November 1, 2001.

(c)

Each registration form shall automatically expire 365 days after its date of issuance. Each registration renewal must be received by the sheriff's false alarm unit before the then effective registration form expires. At least 30 days before the expiration date of each then effective registration form, the sheriff's false alarm unit will attempt to provide written notice of the need to renew that form.

(d)

No registration form shall be transferred to any other person, entity, or site.

(e)

Not later than five week days after each respective change, a responsible person for the respective security alarm system shall mail or otherwise deliver to the sheriff's office false alarm unit written notice of all changes that alter any information in the then current registration form.

(f)

Each registration form must include the following information:

(1)

The full name(s), mailing address, residence and/or work place telephone number of at least one responsible person regarding the respective security alarm system at that secured premises.

(2)

The name, mailing address, and telephone number of at least one authorized individual representative of a responsible person who can be immediately notified in the event of a false alarm or any emergency at that secured premises.

(3)

If applicable to the secured premises, the name and 24-hour telephone number(s) of the individual or entity monitoring the respective security alarm system.

(4)

Any dangerous or special conditions present at the secured premises that would be of value to the safety of security of a responding person or to the secured premises.

(5)

Other information that may assist responding persons in the event that a false alarm occurs at the secured premises.

(g)

Information contained in the registration application form is confidential and is exempt from public disclosure to the extent authorized in F.S. § 281.301, as now or hereafter amended or superceded, which as of November 1, 2001, applies to property owned by or leased to the State of Florida or any of its political subdivisions, including the county, and to every other public or private agency, person, partnership, 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).

(h)

Failure to register or renew a complete registration form by its due date shall be a separate violation of this article and shall require prompt payment of a late fee of $25.00. Late fees are in addition to fines.

(Ord. No. 97-8, § 5, 1-28-97; Ord. No. 01-56, § 5, 10-23-01)

Sec. 5-26. - False alarm prevention program.

(a)

The sheriff's office will provide an educational program for the prevention of false alarms and shall allow individuals to participate in any false alarm prevention program.

(b)

After participation in a program by a person associated with the respective secured premises, the sheriff's office shall issue one "certificate of participation" to the credit of that respective secured premises. The certificate, along with a $5.00 fee paid to the Board of Collier County Commissioners, may be used by a representative of the secured premises to void one prior, or one future false alarm, including the penalties that would otherwise result from that false alarm. No certificates shall apply to a seventh or higher false alarm. The certificate for credit against a future violation shall expire 365 days after its issuance date.

(Ord. No. 01-56, § 6, 10-23-01; Ord. No. 04-48, § 1; Ord. No. 2008-52, § 1, 9-9-08)

Sec. 5-27. - False alarm fines; exceptions.

(a)

False alarm fines. The first false alarm does not require payment of a fine. The second false alarm does not require payment of a fine if the premises is registered. If the premises is not registered, however, fines may be issued for the second false alarm and also for a registration violation. When a citation for a false alarm violation is issued, a responsible party shall, within 30 days of the date of the violator's receipt of that citation, pay to the Board of Collier County Commissioners a false alarm civil fine as follows:

False Alarm Fine Schedule
False Alarm Fine Per False Alarm:

(b)

Exceptions.

(1)

One hundred eighty days without a false alarm. If 180 days pass without a false alarm from the respective alarm system, a "clean slate" status shall be automatically granted to that system if 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 does not require a written warning and shall commence a new 180 days time period from 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 sheriff's office and all prior false alarm 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" status.

(3)

Good faith mistake of crime being committed. No person shall violate this article by intentionally setting off a security alarm signal to prompt an official response if that alarm was 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 the intentional activation of that alarm signal. If excused, that alarm shall not be counted as a false alarm.

(Ord. No. 97-8, § 6, 1-28-97; Ord. No. 01-56, § 7, 10-23-01; Ord. No. 04-48, § 1; Ord. No. 2008-52, § 1, 9-9-08)

Sec. 5-28. - 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 article, and as provided for in F.S. § 125.69, any person who shall violate any provision of this section 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 section may be referred by the sheriff to the code enforcement board, or to the county's code enforcement special magistrate, for enforcement pursuant to the county's code enforcement special magistrate ordinance and F.S. Ch. 162, including filing liens against the secured premises.

(b)

Joint and severable responsibility to pay fees and fines. All fees and/or fines charged under this section shall be an obligation owned jointly and severally by each responsible party. Fees and fines shall be paid to Collier County Board of County Commissioners within the time periods specified in this section except as may be ordered otherwise by the special magistrate. Prompt payment of each false alarm fine shall clear and settle that false alarm violation, but shall not affect the duty to file any registration form.

(c)

Fines and costs imposed. Fines and costs imposed against a responsible party are to be distributed as follows: $5.00 to Collier County Code Enforcement 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 sheriff's office to offset the sheriff's 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 section without filing a written notice of appeal received by the special magistrate within the 30-day fine payment period, the cited violation can be referred by the sheriff's office to the special magistrate. The special magistrate can impose a civil fine against the violator not to exceed $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)