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Ordinance 4030ORDINANCE NO.4030 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.21 (MISUSE OF THE 911 OR EMERGENCY CALL SYSTEM) TO CLARIFY THE DEFINITION OF "MISUSE" AND TO AMEND THE PENALTY PROVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has determined that there is a need for clarification of the definition of "misuse" in ECC 5.21 (Misuse of the 911 or Emergency Call System); and WHEREAS, the City of Edmonds has determined that there is a need to amend the penalty provisions of that code section; and WHEREAS, the City of Edmonds wishes to revise ECC 5.21 to clarify the definition of "misuse" and amend the penalty provisions as recommended by City staff, NOW, THEREFORE, AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN Section 1. Section 5.21 of the ECC Misuse of the 911 or Emergency Call System is hereby amended to read as follows (deleted text in strike -through; new text in underline): 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 and/or the creation of a public safety risk by providing for certain penalties for such misuse.e^ffative administ.atiye a r, ifieluding sand petentW-diseow-i"afiee ofseFviee feF Fopeatedvielatians. 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 -1- emergency assistance. This definition includes false reporting, as that term_ is defined under RCW 9A.84.040 and telephone harassment as that term is defined under RCW 9.61.230. This chapter shall not be applicable to mechanical activations of requests for assistance which are dealt with in Chapter 5.20 ECC, 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 - Designated. It shall be unlawful for any 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 - FeesPenalties. Unless otherwise provided in this chapter or by state statute adapted by reference, any person violating any provision of this chapter shall be guilt+ of a misdemeanor and, upon conviction thereof, be sentenced to a fine not to exceed $1,000 and/or 90 dayin jail. A 'Ne ..it„ 11 : e the following-uo-rmin -.quest of the pohee or fire depai4nients Hpa s#Se s Ax§i�sj�Stel i 1 poFespansepfam... ar 1 ieh a�:'f eme rgency ass-i��-i as 'beeen niadeT e of the 91 1__system, notieiof the£ieiid it-io &eff crs+�Mss edin l response to any address following thirdnii-suseof the eking n .,I, calls shall .within_ three worleing-d*ys after- noof of pe tl systeni, stl, crz, eeuye fiction teeH, nzvr , if any, and s ..,1,_.,+her- infor-rflation nc_ TIie--eh€-@44ee or- his de - a.i�,W-e4a riots tl. �4he miiuse of "lie e m ed. C1 "r'3�Cm.�i'-'ssy'stern,anr roi_iee OF hir_desi&miee shall_ be_a, then-i d to i ..-peG44h a f.1e4..,1 i.e,.i» �1 f the 11AiGUSB Of th system, desei- be e to the person or persons residing at such addFoss the eonditions and requii-erAents of thi fiOF1 ARM be be...,e by t{,e ..er.ir{eni . residents oPhe n -2- }Fe"r -mflCf' F85}9i3 .o to n r-esidn ^ccori''n 'rzrr�rF ii1"ise of the ❑ 1 1 s ,-Aem, _a a dhn-r4e- ;n:stfat�t"` e- f-$5J0n.00 shall vim, -assessed to eaeh amid e.ep,-effwe�, r-espanseyH �a c.k44w- l-2-r 01th per ed B. Monetary Pesed--eedl~4V with this naetioi ld}D+l�Ly n1a»I within1 S days of the date of .. *:..., �Lf�be a} } I Within ehi. withinime . I . ed, the eity clerk sliall forw M 1he to the city attorney for eel! Notice Of „-, ,.skioii ter nett n, :.661diH-g ki—a iApE)sW i1 of . .etoi assessment, shall be well as the Owner- .,£_n.. -- nl...wn on the tax reeeFds of pf!av:.led I.owe.,e. hwith t t a_bUS:r. hel,;o£ T that . eC o "i�i."�trr�e ��rii�i � manager, .. - er-irf;vr ci: employed reniises ar-ee,time e'r the eeetfmflee-Of the -de1Fberate mist15ef-the 91 1 system sha e-- „ram be he PeFSEMI te whern notice shall be given. Unless pP#3avided--hi this ,.hapte -or- by state stattite adopted by .--e i;eHee,-* y person viola +y-ffiwision of this chapter- shall be p lied by fiiie not to exeeed $5,090. c ual"enalty- shall ben R, any fee imposed and4e d:..eeiiain ,ar:...:�--4 emergeney od-cal ram..._:ae In the yen! fRR}_a Hy-pon cis sold or !eased to iie�, e frsE10h ' 1 -J ief of ly if;.,.,r;OH ftOffi Elie i:@5idei�t� "v'ii-rrcrt-kBiiSre pot tn Fes' shall 1.1"r the ad.biiiistr- +crro--crr- der -and Fesu l e regular e!iimedi res$sase-�- -a i$sed kiFe- .. Section 2. Severability. 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 section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically 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. -3- Al'PIZ VE:1]: .- ". S' A OR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, CO ASSEY APPROVED AS TO FORM: OFFICE OF TY ATTORNEY: BY JE FREY B. TARADAY FILED WITH THE CITY CLERK: June 17, 2016 PASSED BY THE CITY COUNCIL: June 21, 2016 PUBLISHED: June 26, 2016 EFFECTIVE DATE: July 1, 2016 ORDINANCE NO. 4030 SUMMARY OF ORDINANCE NO. 4030 of the City of Edmonds, Washington On the 215t day of June, 2016, the City Council of the City of Edmonds, passed Ordinance No. 4030. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.21 (MISUSE OF THE 911 OR EMERGENCY CALL SYSTEM) TO CLARIFY THE DEFINITION OF "MISUSE" AND TO AMEND THE PENALTY PROVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 22°d day of June, 2016. CITY ' f , S PASS -5- Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH707467 ORD. 4029-4035 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 06/26/2016 and ending on 06/26/2016 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $87.72. , Subscribed and sworn before me on this 7 day of �2D -; A7, Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTf PASSEY RECEIVED JUN 3 0 2016 EDMONDS CITY CLERK AUBREY KNAPP Notary Public State of Washington My COMM I�Slbn likplres July 30, 2018 r OFIOINANCE SUMMARY of the City of Edmonds, Washington On the 21st day of June, 2016. the City Councll of the CIIy of Edmonds, passed the following OrdlnanceS, the eommaflOS of the content of said ordinances consisting of titles are grovldod as follows: ORDI NANCE NC. 4029 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING THE STATE BUILOING CODE AND TITLE 18 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE. ENTITLED 'SU ILDING CODES' ORDINANCE NO.4030 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON. AMENDING ECC.6.21 (MISUSE OF THE 911 OR EMERGENCY CALL SYSTEM O CLARIFY THE DEFINITION OF'MISUSE' AND TO AM ND THE PENALTY PROVISIONS: PROVIDING FOR SEVERABSLITY; AND SETTING AN EFFECTIVE DATE. ORDINANCE ND, 4031 AN ORDINANCE OF THE CITOF EDMNDS, WASHINGTON, AMENDING ECC 5.05 {ANIMAL CONTROL} TO ADD CERTAIN PENALTY PROV191DNS RELATING TO ANIMAL BITES- PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE ORDINANCE NO.4032 AN ❑RDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 8.32 TO ADD AN 'INATTENTIVE DRIVING' PROVISION; PROVIDING FOR SEVERABIUTY;AND 5ETTING AN EFFECTIVE DATE. ORDINANCE NO.4033 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CHAPTER 10.50 OF THE EDMONDS CITY CODE AND. DISSOLVING THE CITY'S PUBLIC LIBRARY BOARD. ORDINANCE NO.4034 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING THE PROVISIONS THAT GOVERN THE CITIZENS!ORDINANCE NO 0.35 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON. ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR ONE PARCEL LOCATED AT 21805 Salh AVENUE WEST FROM OPEN SPACE (M)TO SINOLE. FAMILY RESIDENTIAL ifiS- T❑; AUTHORiliNG AMENDMENT OF THE CITY'S OFFICIAL KING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of these Ordinances will be malled upon request. DATED this 22nd day of Jung, 2016. CITY CLERK, SCOTT PASSEY {PuhEstlad:du119 26, 2016. EDH70746�