HomeMy Public PortalAbout522 Ordinance Amending Section 355 of the Code of Ordinances Regarding Excessive False AlarmsCITY OF MEDINA
ORDINANCE NO.522
An Ordinance Amending Section 355 of the Code of Ordinances
Regarding Excessive False Alarms
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 355 is amended by deleting the stricken material and adding
the underlined material as follows:
Section 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 encourage proper use and maintenance of alarm systems and
the implementation of sound security practices.
Section 355.03. Definitions. For the purposes of this ordinance, certain words or terns 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; negligent
use or maintenance of the alarm system; or by the actions of a person or person
legitimately on the premises. Activations caused by utility mishaps, unusual or
unforeseen weather or climatic conditions, or other circumstances reasonably beyond
the control of the alarm user shall not constitute false alarms.
Section 355.05. False Alarm Fee Established. Any alarm user who incurs more than one (1) false
alarm for police emergencies or one (1) my false alarm for a fire emergency at a single address or
premises during any calendar year shall be required to pay a false alarm fee to the city. The fee
schedule shall be established by the city council. 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
Ordinance No. 522
March 6, 2012
by the responding fire or police chief regarding 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. False police alarms that are cancelled prior to the arrival of responding officers
will not be charged. False fire alarms that are cancelled prior to the dispatching of the fire
department will not be charged.
Section 355.07. Assessment. On or before November 1 October 15 of each year, the city clerk -
treasurer shall calculate the total of unpaid false alarm fees attributable to each lot or property. After
notice and hearing, the city council may 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 taxes payable the following year.
Section 355.09. 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 chiefs decision. The city council shall
consider the appeal at its next regular meeting, following 10 days notice to the alarm user and the
chief.
Section 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: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 6th day of March, 2012.
•
Elizabeth V. Weir, Acting Mayor
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this 15th day of March, 2012.
Ordinance No. 522 2
March 6, 2012