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HomeMy Public PortalAbout307CITY OF MEDINA ORDINANCE NO.307 AN ORDINANCE AMENDING SECTIONS 355.01 ET SEQ. OF THE CODE OF ORDINANCES RELATING TO FALSE ALARMS The City Council of the City of Medina Ordains as follows: Section 1. Section 355.01 et seq. of the Medina Code of Ordinances is amended by adding the underlined language and deleting the st, ielEen language 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 improperly installed or inadequately maintained or by inadvertent activation 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 .,n ,...., i:., it-e mber- of false , ,,,....,s but- *e seek, ro ...,bur -se fF e ftt f r excessive false alarms in order to encourage the proper use and maintenance of alarm systems and the implementation of sound 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 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; or malfunction; improper installation or maintenance; aniffia4-ffievementrifiseet4ofestatieft negligent use or maintenance of the alarm system; or 12 y the actions of a person or person legitimately on the premises. Activations caused by utility mishaps, unusual or unforeseen weather or climatic conditions, acts of God or other circumstances reasonably beyond the control of the alarm user shall not constitute false alarms. RHB-155817 ME230-5 1 Ordinance #307 01-19-99 355.05. False Alarm Fee Established. Any alarms user who incurs more than five (5) two (2) false alarms for police emergencies or one (1) false alarm for a fire emergency at ene a single address or premises during any calendar year in an.. twel„e month -period shall be required to pay a false alarm t f *h xth a�a o ch eedi�g falso lar The fee schedule shall be fee to the city. �--..�''------ ------ ------ -----------a ----- ,;,.,, ,.,_ 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 -treasurer. Upon receipt of a report prepared by the responding fire or police chief regarding-ef a false alarm at a particular address or premises, the city clerk -treasurer shall notify the alarm user of the provisions of this ordinance and any fees due. If the alarm user is a tenant, the city clerk -treasurer shall also send a copy of the notice to the property owner. 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 September November 1 of each year, the city clerk -treasurer shall list calculate the total of unpaid false alarms against fees attributable to each lot or property to After notice and hearing, the city council may edge levy the unpaid fees against the properties as special assessments and the city clerk -treasurer shall certify the same to the county auditor for collection along with current taxes payable the following year. 355.09. Penaltiesr-Nn-alarm-user-whe-negleets-er-fails-te-pay-the-false-alafm-fee-established-under Appeals. An alarm user charged with a false alarm fee pursuant to this ordinance may file a written appeal to the responding fire or police chief within 15 days of receipt of the notice from the city clerk -treasurer. Within 10 days of receipt of the appeal, the responding fire or police chief shall make a determination regarding whether a false alarm occurred at the site within the meaning of this ordinance. The alarm user may appeal the decision of the responding fire or police chief to the city council within 15 days of receipt of the chief s decision. The city council shall consider the appeal at its next regular meeting, following 10 days notice to the alarm user and the chief. 355.11. Severability. 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 II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 19th day of January 1999. Joh 3. Ferris, Mayor Paul Robinson, Clerk -Treasurer Published in the Lakeshore Weekly News this 28th day of January, 1999. RHB-155817 ME230-5 2 Ordinance #307 01-19-99 STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 18178 Minnetonka Blvd, in the City of Wayzata, in the County of Hennepin, State of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. I further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed therein in the English language one a week for I weeks ), that it was first so publishe the a day of JC",.Yl . ,19 an last appeared on the .Q'$ day of 19Ba. The following is a copy of the lower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. a cd ghijklmno qrstuvwxyz Signed �/�"�/��� (P}t ilisher o itor) Subscribed and sworn to before me this 1 day of /Y• ,197� Notary Public AMY L. CICCHESE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2000 CITY OF MEDINA ORDINANCE 307 AMENDING SECTIONS 355.01 ET SEQ. OF THE CODE OF ORDINANCES RELATING TO FALSE ALARMS Public Notice The City Council of the City of Medina has adopted Ordinance No. 307. The ordinance amends the city's reg- ulations regarding the fees chargeable for false alarms. The current ordinance allows up to five false alarms per year per address before the user incurs a fee. The amend- ment allows only two false alarms for police matters and one false alarm for fire during a calendar year before the imposition of fees. A separate resolution adopted by the city council establishes a fee schedule which increases the fees payable for false alarms. A full copy of the ordinance is on file at city hall in the office of the Berk -treasurer and may be reviewed during regular business hours. Paul Robinson City Clerk -Treasurer Published in the Lakeshore Weekly News this 28th day of January, 1999.