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HomeMy WebLinkAbout06-039 ORDINANCE NO. 06-039 AN ORDINANCE AMENDING CHAPTER 1-2.5 - "ALARM SYSTEMS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; THEREBY AMENDING SECTION 1- 2.5-14 "DISBURSEMENT OF SERVICE CHARGES TO PROVIDE THAT ALL FEES AND CHARGES THAT WOULD OTHERWISE BE ASSESSED OR COLLECTED BY THE SHERIFF SHALL BE PAID TO ST. LUCIE COUNTY; PROVIDING FOR SEVERABILITY, APPLICABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1987, the Board of County Commissioners of St. Lucie County, Florida ("the Board") adopted Ordinance No. 87-44 (the "Ordinance") creating the St. Lucie County Alarm Systems Ordinance; and, ., 2. Pursuant to the adopted Ordinance, alarm users are charged service fees by the County for responses to excessive false alarms by law enforcement agencies; and, 3. Under existing state law (Section 30.51, Florida Statutes) all fees and charges collected by the Sheriff must be paid to the County; and, 4. To date, the Tax Collector has followed the practice of remitting to the County all service fees and charges assessed by the County for responses by the Sheriff to excessive false alarms; and, 5. This Board believes that it is in the best interest of the health, safety and welfare of the citizens of St. Lucie County to clarify the Ordinance to ratify the Tax Collector's past practice and to clarify that existing state law provides that all service fees and charges collected by the County under the Ordinance, for the services of the Sheriff in responding to false alarms, shall be remitted by the Tax Collector to the County; and, 6. This amendment is a clarification of existing law and no past or future transfer by the Tax Collector to the County of fees and charges for responses by the Sheriff for excessive false alarms shall be set aside. Strtle:l( thPðtigl, passages are deleted Underlined passages are added ::tIo-ncnm m;:JJr=:þ C 0gmz:e o "* -(_ " N Z ºA!Dr3:; ZNÔ~' G'Jg}N_'TI ~~~m::o N"U0 o~-< 'g-... Þ!2:':oc.._ ~~!i!~ NN....¡O _s:1..cr- w,", m ~~ " N~ " ~!=? 0 "'¡ji ... O:!> -< gs: ~ ~ ~ !t! :::0 o (') " c:: o ::¡ z (') o c:: '" -< · NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A: Section 1-2.5-14 "Disbursement of service charges" is amended to read as follows: Sec. 1-2.5-14. Disbursement of service charges. Service charges will be disbursed to the fine and forfeiture accounts of each law enforcement agency and the general fund of the St. Lucie County/Fort Pierce Fire District which responded to the false alarm or in a manner as agreed to by all affected agencies. Pursuant to Section 30.51. Florida Statutes all service fees and charges assessed for services of the Sheriff shall be remitted to the County. PART B. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of inter local agreements with the affected municipalities. PART D. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Secretary of State; provided, however, this Ordinance is a clarification of existing law. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith AYE AYE AYE Sf! ttd~ thpðttgJ, passages are deleted 2 Underlined passages are added , Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AYE PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this 1st day of August, 2006. " -, t~\~,,,, , -".\\ /--"<:"'.>\ BOARD OF COUNTY COMMISSIONERS c", . '...1 ATTEST: æz~ :::' LUcrE :{2' 7ðDA (J ~ C"",,,,", ;:~~>;;! ChG'.:;t. .:,': " APPROVED AS TO FORMksI6; ", C CORRECTNESS ." .' r . ," /U/ . (/)...·.>(.i:¿:'.;~.·~~f~f "?;. :',,," .~\ .'\PI,.): " A~s+. County Attorneÿ~' . <''r . );,,:,* . , F)·,#:t~¡;i. . i't;,;t:.j¡\ ',,~\¡,-q ,-.J;. (, &1'1 tu:h flu ðt:lgh passages are deleted 3 Underlined passages are added