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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 221094. to -1- 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 221094.10 -2- 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 221094.10 -3- 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 221094.10 -4- 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 221094.10 -5- 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 ......................................................... ............................... ............................................. ............................... .. .. . ........ ............................... .... .. ... .... . 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. %I � .... .... -�._:. . ......................... .. .... .. .......... ..... ......r'.- ' +�- �:-.....w'C Principal Clerk Subscribed and sworn to before me this...... 1St clay of..... ... ....... June ...4for ...................1 19..99 ...... .....�� ..................... . ...\ ........... ...................... J Notary Public in a St to of Washington, residing at Everettish ounty. ite� y : N TF+I�Y 9N; PUBLIC Z' %-5 ; 4 Y 1 S 2 •�yC? Q� Os OF W��, O C• R ° °�oter;eeeeoe