4.9. SR 10-06-1997ITEM 4.9.
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MEMORANDUM
TO: Mayor and City Council
FROM: Sandra Thackeray, City Clerk j~
DATE: October 6, 1997
SUBJECT: Amendment to Chapter IV of the City
Code relating to False Alarms
Fire Chief Bruce West has requested that the Council consider
amending the City Code as it pertains to false fire alarms. Bruce
West is requesting that the ordinance be amended to include fire
alarms. He is proposing penalties for false fire alarms as indicated
below:
· $150 for the fourth false fire alarm in a calendar year.
· $50 for each successive false fire alarm in addition to four in a
calendar year.
· The ordinance allows a 90 day grace period for new fire alarm
systems.
· The ordinance does not apply to any alarm set off by malicious
activity.
Attached is the "Draft" new ordinance and the "Existing" ordinance.
ACTION REQUESTED:
Council motion to adopt the attached ordinance pertaining to
Section 402.04 of the City Code.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
ORDINANCE 97-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER IV OF THE CITY CODE ~PENAL
REGULATIONS" BY REPEALING SECTION 402.04 ~FALSE ALARMS" AND
ENACTING A NEW SECTION 402.04 IN LIEU THEREOF RELATING TO THE
SAME SUBJECT ENTITLED ~FALSE ALARMS~
Section 1. That Section 402.04 titled "False Alarms" is hereby
repealed and a new Section 402.04 adopted in lieu thereof, which
shall read as follows:
402.04 - False Alarms
1. Fire Alarms
A. A fee of one hundred fifty dollars ($150.00) shall be
assessed and paid to the City for the fourth (4th) false
fire alarm at the same property in a calendar year. The fee
shall be assessed to either the property owner or the
occupant of the property. False alarms attributable to
malicious activity caused by other than the property owner
and/or the property occupant shall not be counted toward the
annual total at the property.
B. For each successive false fire alarm in addition to
the four (4) in a calendar year, the fee shall increase by
fifty dollars ($50.00) for each successive false fire alarm.
C. In the case of new fire alarm installations, a 90-day
grace period will be allowed during which any false alarms
will not be counted toward the annual total at the property.
After the 90-day grace period, it shall be the
responsibility of the property owner and/or the property
occupant to ensure that the newly installed fire alarm
system works properly. False fire alarms after the 90-day
grace period shall be counted toward the annual total at the
property.
2. Other Alarms
A fee of fifty dollars ($50.00) shall be payable to the City
Police Department of the City for the fifth (5th) response
and each subsequent response by the Police Department to an
automatic alarm device triggered other than by reason of
criminal activity at the same property within one calendar
year. "Property" shall include automobiles and other
vehicles with automatic alarm devices. The fee shall be
assessed to the property owner or the property occupant.
3. Collection of Fees
False alarm penalties will be billed to the alarm user on a
thirty (30) day billing schedule and payment must be made to
the city within thirty (30) days of the billing date.
Penalties not paid to the city within thirty (30) days of
the billing date will be considered delinquent and subject
to a finance charge of 1.5% per month. The city shall may
collect the delinquent fee and finance charge by any legal
means, including the institution of a civil action against
the person responsible for the payment of such fee.
Section 2. That this ordinance shall take effect and be in full
force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River
this 6th day of October, 1997.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
X\elkriver\sys\shrdocXdocument\ordinanc\falseala.doc
402.04 - F~tLSE A~S
1. A fee of Fifty Dollars ($50.00) shall be payable to the
Police Department of the City for the fifth response and each
subsequent response by the Police Department within one (1
calendar year to an automatic alarm device triggered other than
by reason of criminal activity.
2. The City shall have the power to collect such fee by
whatever means necessary, including the institution of a civil
action against the person responsible for the payment of such
fee.
402.06 - GLUES AND RELATED SUBSTANCES
1. Purchase, Sale and Possession. The inhaling, breathing or
drinking of certain substances, conunonly known as glue, is
prohibited and the purchase, sale and possession thereof are
regulated as follows: