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HomeMy Public PortalAbout259CITY OF MEDINA ORDINANCE NO.�� AN ORDINANCE RELATING TO FEES FOR EXCESSIVE FALSE ALARMS AND AMENDING THE MEDINA CITY CODE BY ADDING SECTION 355 THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS: Section 1. The Medina City Code is hereby amended by adding Section 355 to read as follows : 355.01. Purpose. The City finds that the occurrence of false alarms is a threat to the public health and safety by causing the unnecessary mobilization of emergency personnel and their diversion from other locations or activities in which assistance may be needed. Many false alarms are caused by equipment which is inadequately maintained or by inadvertent activization of a system by a person legitimately on the premises . The City also recognizes that persons suspecting the existence of an emergency should seek assistance immediately. In order to balance these goals, the City seeks to allow a limited number of false alarms but to seek reimbursement for excessive false alarms in order to encourage proper maintenance of alarm systems and security practices . 355.03 . Definitions . For the purposes of this ordinance, certain words or terms are defined as follows : a. "Alarm system" means any equipment or device, designed or intended to signal the presence of an emergency such as a fire, unauthorized intrusion, crime in progress or medical emergency. b. "Alarm user" means the individual, firm, partnership, association, corporation, company or organization of any kind occupying the premises where an alarm system is maintained. If the RHB9346 ME230-5 occupant cannot be readily determined, the term "alarm user" means the owner of the premises as determined by the real estate records of Hennepin county . c . "False alarm" means the activation of an alarm system when a condition requiring emergency fire, police or ambulance response does not in fact exist and which is caused by mechanical failure, malfunction, improper installation or maintenance, animal movement, insect infestation or the actions of a person or person legitimately on the premises. Activations caused by utility mishaps, weather or climatic conditions, acts of God or other circumstances beyond the control of the alarm user shall not constitute false alarms . 355.05 . False Alarm Fee Established. An alarm user who incurs more than three (3) false alarms at one address in any twelve-month period shall be required to pay a false alarm fee to the city clerk for the fourth and each succeeding false alarm. The fee shall be established by the city council by resolution. The responding fire or police department shall file a written report of each false alarm with the city clerk. Upon receipt of a report of a false alarm at a particular address, the city clerk shall notify the alarm user of the provisions of this ordinance and any fees due . The alarm user shall have ten days after receipt of the notice to pay the fee required by this ordinance. 355.07. Assessment. On or before November 1 of each year, the city clerk shall list the total of unpaid false alarms against each lot or property to which they are attributable under this ordinance. After notice and hearing, the city council may charge the unpaid fees against the properties as special assessments for certification to the county auditor for collection along with current taxes the following year. 355.09 . Penalties . An alarm user who neglects or fails to pay the false alarm fee established under the authority of this ordinance within the RHB9346 ME230-5 2 prescribed time period shall disconnect and cease using the alarm system immediately until such fee is paid. Violation of this subsection is a misdemeanor. 355.11. Every section of this ordinance is declared separate from every other section. If any section is held to be invalid by a court of competent jurisdiction, no other section shall be invalid by such action or decision. Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this day of 7 7 , 1991. y M. Acromite, Mayor ATTEST: Donna Roehl, Clerk -Treasurer Published in the Crow River News this day of /i.-i ,,...�;' , , 1991. RHB9346 ME230-5