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97-019 ORDORDINANCE 97-~9 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 That Section 402.04 titled "False Alarms" is hereby repealed and a new Section 402.04 adopted in lieu thereof, which shall read as follows: 402.04 - False Alarms 1.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: Sandra A Thackeray,' City CI~ e'nry J Duit-sman, ~ayor ~ \\elkriver\sys\shrdoc\document\ordinanc\falseala.doc Mfidavit of Publication STATE OF MINNESOTA )ss. COUNTY OF SHERBURNE) ~nV. ~ ' being duly om, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified ne.wspaper, as provided by Minnesota Statute 331A.02, 331A.07, and oth~r applicable laws. as amended. . (B)Theprinted_ O~ q ~-lc; which is attached was cut from the columns of said newspaper. and was printed and published once each week. for I s~ cessive weeks; it was first published on Wednesday. the ~ d - day of 0 {~)-tN . 19~. and was thereafter printed and published on every Wednesday to and including Wednesday. the _ day of .19_; and printed below is a copy of the lower case alphabet from A to Z. both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a b c defghij k 1m no p qrs tu v wxyz BY: TITLE: ~'~.~ J t. a",y ~ ~,-c, ~ ;;).CJ6- day of Subscribed and sworn to before me on this Ozt:o-.( J-U0 . 19~. 'Yv1 r ~( RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable lao.ob space $ (2) Maximum rate allowed by law for q <1. 3D the above matter $ (3) Rate actually charged for the q4~ 31'1 above matter $ Affidavit of Publication STATE OF MINNESOTA )ss. COUNTY OF SHERBURNE) 8::\ paid ~ ' wse fire a calen- assessed to r the occu- e alarms activity property , . occupant the annu. C1t~ ~ " being duly J'Jvom, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified ne,wspaper, as provided by Minnesota Statute 331A.02, 331A.07, and oth<;lr applicable laws, as amended. (B) The printed O~ Cl'/-lCJ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I su;::p. cessive weeks; it was first published on Wednesday, the ~ d - day of 0 (-.:tJyf)-t/V , 19~, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of , 19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a bed e fg h ij k 1 m no p q r s t u v w x y z BY: TITLE: 0^~ ~ tV .::J, 7"C, ~~ ::>.~ day of Subscribed and sworn to before me on this ()z:La-( tV-V , 19~ 1v1 f At .:j and' nance c rg~ ' any' legal ' means, including the institution of a .. civil action !il~nilt thil penon !:,espon- siblE! for the payment 9f !,uch:fEle,. . , Sectiqn 2~ That this ordinanpe shall take effe he in: 'from, 8Jld after . . te orits p tion. ' , passed an. adopted by t e CitY Council of the City 'of Elk River this 6th day of O!ltOber, lW7. ' " 1', '. ' A. mtlJ1, ,Mayor , RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable lao.ob space $ (2) Maximum rate allowed by law for q 4. 30 the above matter $ (3) Rate actually charged for the q4~ 3~ above matter $ .Nl'l''';;ST. San~aA