Ordinance 32520006.160.052
WSS /hrg /sds /gjz
01/08/99
address; and
ORDINANCE NO. 3252
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A NEW CHAPTER 5.21,
MISUSE OF 911 SYSTEM, IN ORDER TO IMPOSE FEES
AND PENALTIES TO PERSONS WHO ABUSE THE 911
SYSTEM, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, during 1998, the City received fifty-eight (58) 911 calls from one
WHEREAS, none of these calls were for true emergency purposes, but rather
represented deliberate misuse of the City's 911 system in order to request personal service by
one individual; and
WHEREAS, most of these calls required the response not only of the Fire
Department but also the Police Department due to particular characteristics of the calls; and
WHEREAS, such deliberate misuse of the 911 system imposes a burden on the
system, both in terms of the cost of the response and the fact that police and fire units are out of
service and unavailable for actual emergencies; and
WHEREAS, the City has, for a number of years, maintained penalties for false
alarms placed by mechanical means; and
WHEREAS, the Fire Department and Police Department have estimated that a
false request for assistance or other similar deliberate misuse of the system costs approximately
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Five Hundred and no /100 Dollars ($500.00) for the response of one department and One
Thousand and no /100 Dollars ($1,000.00) for a joint police and fire response; and
WHEREAS, the City Council finds that the cost of such misuse should be borne
by the individual who abuses the emergency medical system upon which all of its citizens rely;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code is hereby amended by the addition of a
new Chapter 5.21, MISUSE OF THE 911 OR EMERGENCY CALL SYSTEM.
5.21.010 Purpose. This Chapter is intended to reduce the
number of false requests for emergency assistance or similar
misuse of the 911 emergency response system which occur within
the City and result in waste of City resources by providing for
corrective administrative action, including fees and potential
discontinuance of service for repeated violations.
5.21.020 Definitions. The following persons or words used
in this Chapter, shall be defined as set forth in this Section:
A. "Person" includes any natural person, partnership,
joint stock company, unincorporated association of society,
or corporation of any character whatsoever; and
B. "Misuse of the 911 System" is a request for
emergency response when no actual emergency exists and
when the caller does not have a good faith basis to request
emergency assistance. This Chapter shall not be applicable
to mechanical activations of request for assistance which
are dealt with in Chapter 5.20 of the Edmonds City Code,
nor shall it be interpreted to impose liability on any person
who makes a good faith request for emergency assistance
based on a reasonable factual basis that an emergency
situation exists.
5.21.030. Misuse of the 911 System. It shall be unlawful for any
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person to misuse the 911 system. It shall be an affirmative defense
that the person charged has a good faith, reasonable factual basis
for the request.
5.21.040. Misuse of the 911 System - Fees.
A. The City shall impose the following administrative
sanctions upon the request of the Police or Fire Departments upon
misuse of the emergency medical response system:
1. Upon a first response to a premises at which a
request for emergency assistance has been made by misuse
of the 911 system, notice of the conditions and
requirements of this Chapter shall be given to the person
requesting emergency medical assistance. The notice shall
indicate both penalties imposed by this chapter and that the
City will cease to provide emergency medical response to
any address following third misuse of the emergency
medical response system within a twelve (12) month
period.
2. If a second response to a premises occurs as a result
of misuse of the 911 system within a twelve (12) month
period, the person making such calls shall, within three (3)
working days after notice to do so submit a written report
to the Chief of Police on a form prescribed by the City
setting forth the reason for the misuse of the system, the
corrective action taken, if any, and such other information
as the Chief of Police or his designee may require to
determine the cause for the misuse of the emergency
medical response system, any mitigating circumstances and
necessary corrective action which is called for. The Chief
of Police or his designee shall be authorized to inspect the
factual basis for the misuse of the emergency medical
response system, describe necessary corrective action and
give notice to the person or persons residing at such
address the conditions and requirements of this chapter.
All costs of inspection and corrective action shall be borne
by the resident or residents of the premises.
3. If three or more responses to a residence occur
within a six (6) month period based upon misuse of the 911
system, an administrative fee of Five Hundred and no /100
($500.00) shall be assessed with respect to each and every
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emergency response which has occurred within the twelve
(12) month period.
B. Monetary assessments imposed in accordance with this
section shall be paid to the City Clerk within fifteen (15) days of
the date of notice. If the assessments are not paid within this
period, the City Clerk shall forward the matter to the City
Attorney for collection.
5.21.050. Notice.
Notice of imposition of any administrative decision or sanction,
including the imposition of a monetary assessment shall be given to
the person(s) residing on such premises as well as the owner of
premises as shown on the tax records of Snohomish County;
provided, however, that with respect to a business premises, the
owner, manager, or chief administrative agent regularly assigned
and /or employed on the premises at the time of the occurrence of
the deliberate misuse of the 911 system shall be presumed to be the
person to whom notice shall be given.
5.21.060. Penalty.
Unless otherwise provided in this chapter or by state statute
adopted by reference, any person violating any provision of this
chapter shall be punished by fine not to exceed Five Thousand and
no /100 Dollars ($5,000.00). Such penalty shall be in addition to
any fee imposed and /or discontinuation of emergency medical
service.
5.21.070. Resumption of Service.
In the event that any premises is sold or leased to new persons not
responsible for such violations, the Chief of Police upon receipt of
written notification from the residents, shall lift the administrative
order and resume regular emergency medical or police response in
accordance with standard procedures.
Section 2. Severbility. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
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section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
611/I
MAYOR, BARBARA S. FAEY
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY
FILED WITH THE CITY CLERK: 05/21/99
PASSED BY THE CITY COUNCIL: 05/25/99
PUBLISHED: 05/30/99
EFFECTIVE DATE: 06/04/99
ORDINANCE NO. 3252
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SUMMARY OF ORDINANCE NO. 3252
of the City of Edmonds, Washington
On the 25th day of May, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3252. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW
CHAPTER 5.21, MISUSE OF 911 SYSTEM, IN ORDER TO IMPOSE FEES AND
PENALTIES TO PERSONS WHO ABUSE THE 911 SYSTEM, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of May, 1999.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOi.YISH,
F
UMMA�RYY
ORDE NO.3252
o the ity o dmonds,
Washington
on the 25th day of May, 1999,
the City Council of the City of
Edmonds; passed Ordinance No.
3252. A summary of the - content
of said ordinance, consisting of
the title, provides as ,follows:
AN ORDINANCE OF THE CITY
OF EDMONDS,: WASHINGTON,
CREATING A NEW CHAPTER
5.21, MISUSE OF 911 SYSTEM,
IN ORDER TO IMPOSE FEES
AND PENALTIES TO PERSONS
WHO ABUSE THE 911 SYS-
TEM, AND FIXING A TIME
WHEN THE SAME SHALL BE-
COME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 26th day of May,
1999. .
CITY CLERK, .
SANDRA S. CHASE
Published: May 30, 1999.
B -2 -1
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
_... Sum.mary of Ordinance No. 3252
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a printed copy of which is hereunto attached, was published, in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May 30, 1999
.................................................................. ......................... . . ....
.................. ............................... ................................ ............................... . .. ... ................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
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Subscribed and sworn to before me this...... 1St
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residing at Everettish ounty.
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