HomeMy WebLinkAboutOrdinance - 62-87 - Amending City Code Chapter 9.10 Relating to Use of Fire, Robbery, and Safety Alarms and Establishing Fees for False Alarms - 12/15/1987 ORDINANCE NO. 62-87
ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 9 , BY ADDING THERETO A NEW SECTION 9.10, WHICH REGULATES THE USE OF
FIRE, ROBBERY AND SAFETY ALARMS AND ESTABLISHES A FEE FOR FALSE ALARMS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Chapter 9, shall be and is amended
by adding new Section 9.10 which reads as follows: Section 9.10 FIRE,
BURGLAR, ROBBERY AND SAFETY ALARMS
Subd. 1. Purpose. The purpose of this ordinance is to protect the
police and fire services of the City from misuse and to provide for the
maximum possible service to alarm users. The ordinance is intended to pro-
vide for the regulation of fire, burglary, robbery and safety alarms and to
establish a user fee for false alarms.
Subd. 2. Definitions. The following terms, as used in this section
tallhave the meanings stated:
A . "Alarm user" means the person, firm, partnership, association,
corporation, company or organization of any kind which is in control of any
alarm system.
B . "Police/fire communications center" is the City facility used
to receive emergency requests for service and general information from the
public to be dispatched to respective police/fire units.
C . "Alarm system" means and includes any alarm installation
designed to be used for the prevention or detection of burglary, robbery or
fire on the premises which contain the alarm installation. Automobile
alarm devices shall not be considered an alarm system under the terms of
this ordinance.
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D. "False alarm" means an audio, visual or electronically Is
transmitted alarm signal eliciting a response by fire and police personnel
when a situation requiring a response does not, in fact, exist, and which
is caused by the activation of the alarm system through mechanical failure,
alarm malfunction, improper installation or the inadvertence of the owner
of or lessee of an alarm system or of his or her employees or agents.
False alarms do not include alarms caused by climatic conditions such as
tornadoes , thunderstorms, violent conditions of nature or any other con-
ditions which are clearly beyond the control of the alarm manufacturer,
installer or owner.
Subd. 3. False Alarm Fees .
A. An alarm system which reports more than three false alarms to
the City in a single calendar year will cause the alarm user to be charged
a user fee for each false alarm in excess of three per calendar year. A
fee schedule will be set by the City Council, based upon the number of
false alarms reported per calendar year.
B. Any alarm user which is required by the City to pay a user fee
as the result of a false alarm may make a written appeal of the false alarm
charge to the City Manager through either the Fire Chief or Police Chief,
within ten days of notice by the City of the false alarm charge. The City
Manager will have authority to make a final determination as to whether the
appellant is to be charged.
Subd. 4. Payment of fees.
A. Payment of user fees provided for under Subd. 3 must be paid
to the City Finance Director within 30 days from the date of notice by the
City to the alarm user. Failure to pay the fee within 30 days ' notice wil�
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cause the alarm user to be considered delinquent and subject to a late
payment charge of 10 percent of the fee and interest in an amount not to
exceed 6 percent per annum as the Council shall determine.
Subd. 5. False Alarm Report Required.
A. When an alarm user has incurred five false alarms or more
within one calendar year, the alarm user shall submit a written report to
the City Manager within ten days after being charged with the fifth false
alarm, describing actions taken or to be taken to discover and eliminate
the cause of the false alarms. Failure to submit the required written
report will be considered a misdemeanor.
Subd. 6. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-recorded
mergency alarm message shall be connected to the police/fire com-
unications center through an telephone line except when authorized b g y p , py
the City Manager or his or her designee.
Section 2. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code" and Section 9.99 which
among other things, contains penalty provisions, are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie on the 15th day of December , 1987, and finally read
and adopted and ordered published at a regular meeting of the City Council
of said City on the 5th day of January, 1988
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ATTEST:
City yor
PUBLISHED in the Eden Prairie News on the 18th day of May. 19Rg.
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PLTB»
'IE1l OF
El _ A.
Ah 0=ESTER,9,
BY A®DHiEi A 1'19W SMC.
TWK 9A WHRM IMMATES THE
USE O!r iRRL�; !>I�STAB AND
SAFI�TY ALARMS AND ESTABLISHES
A FEE FOR FALSE ALARMS; AND
ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 9.99
WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Section 1. Eden Prairie City Code
Chapter 9, shall be and is amended by
adding new Section 9.10 which reads as
follows: Section 9.10 FIRE, BURGLAR,
ROBBERY AND SAFETY ALARMS Affidavit of Publication
Subd. 1. Purpose. The purpose of this
ordinance is to protect the police and fire
services of the City from misuse and to Southwest Suburban Publishing Inc.
provide for the maximum possible ser-
vice to alarm users. The ordinance is
intended to provide for the regulation of
fire,burglary,robbery and safety alarms
and to establish a user fee for false
alarms.
Subd. 2. Definitions. The following State of Minnesota
terms,as used in this section shall have
the meaning stated: )SS.
A. Alarm user" means the person, County U n t o f Hennepin
firm, partnership, association, cor- Y
r
ation,company or organization of any
kind which is in control of any alarm
system• Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as
B. "Police/fire communications the Eden Prairie News and has full knowledge of the facts herein stated as follows:
center"is the City facility used to receive (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by
r�necgeney requests for service and Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
general information from the public to be
disppatched to respective police/fire units. (B)The printed public notice that is attached to this Affidavit and identified as N was published on the date
C. "Alarm system" means and fn- or dates and in the newspaper stated in the attached Notice,and said Notice her y incorporated as part of this Af-
cludes an alarm installation designed to fidavit.Said notice was cut from the columns of the newspaper specified. rin below is a copy of the lower case
Y gn alphabet from A to Z,both inclusive,and is hereby acknowledged as being th " d d size of type used in the compositio
be used for the prevention or detection of and publication of the Notice:
burglary,robbery or fire on the premises abcdefghijklmnopgrst
which contain the alarm installation.
Automobile alarm devices shall not be
considered an alarm system under the
terms of this ordinance. By: 4
D. "False alarm" means an audio,
visual or electronically transmitted S olfs ,Cameral hi ger
alarm signal eliciting a response by fire
and police personnel when a situation Subscribed and sworn before me on
requiring a response does not, in fact
exist, and which is caused by the ac-
tivation of the alarm system through
mechanical failure, alarm malfunction, this rr��55� day of 0 +�=w 4.
improper installation or the inadvertence y ls8_ ib t, LAURIE&HARTMANN
of the owner of or lessee of an alarm � � ;l� ' NOTARY TA
system or of his or her employees or -+,., SCO7TtlNTY
agents. False alarms do not include �,� i'R C0MWMA sS.t290
alarms caused by climatic conditions
such as tornadoes, thunderstorms,
violent conditions of nature or of any
other conditions which are clearly
beyond the control of the alarm RATE INFORMATION
manufacturer,installer or owner.
A. A 3.False Alarm Fees. Lowest classified rate aid b commercial users for comparable space..$7.60 per column inch
A. An alarm system which reports p y p p
more than three false alarms to the City Maximum rate allowed by law for the above matter.....................$7.60 per column inch
in a single calendar year will cause user Rate actually charged for the above matter............................$5.04 per column inch
to be charged a user fee for each false
alarm in excess of three per calendar
year. A fee schedule will be set by the
City Council,based upon the number of
false alarms reported per calendar year.
B.Any alarm user which is required by
the City to pay a user fee as the result of a
false alarm may make a written appeal
of the false alarm charge to the City
Manager through either the Fine Chief or
Police Chief,within ten days of notice by
the City of the false alarm charge. The
City Manager will have the authority to
make a final determination as to whether
the appellant is to be charged.
Subd.4.Payment of fees.
A. Payment of user fees provided for
under Subd. 3 must be paid to the City
Finance Director within 30 days from the
date of notice 1y flat Cdy to the,ArOm
user. Failure to pay the fee within 30
days'notice will cause the alarm user to
be delinquent and subject to a late
payment charge of 10 percent of the fee
and interest in an amount not to exceed 6
percent per annum as the Council shall
determine.
Subd.5.b alse Alarm Report Required.
A. When an alarm user has incurred
five false alarms or more within one
calendar year, the alarm user shall
submit a written report to the City
Manager within ten days after being
charged with the fifth false alarm,
describing actions taken or to be taken to
discover and eliminate the cause of the
false alarms. Failure to submit the
required written report will be con-
sidered a misdemeanor.
Subd. 6. Automatic Dialing Devices
Prohibited.
A. No automatic dialing devices
initiating a pre-recorded emergency
alarm message shall be connected to the
polic e
"fire communications center
through any telephone line,except when
t his
authorized by the City Manager or I ,or
her designee.
Section 2.City Ccde Chapter I entitled
"General Provisions and Definitions
Applicable to the Entire City Code"and
Section 9.99 which among other things,
contain penalty'provisions, are hereby
adopted in their entirety,by reference,as
though repeated verbatim herein.
Section 3.This ordinance shall become
effective from and after its passage and
publication.
FIRST READ at a regular meeting of
the City Council of the City of Eden
Prairie on the 15th day of December,
1987, and finally read and adopted and
ordered published at a regular meeting of
the City Council of said City on the 5th
day of January,1988.
ATTEST:
JO11N D.FRANE
City Clerk
GARY D.PETERSON
Mayor
(Published in the Eden Prairie News
Wednesday,May 18,1988;No.5043)
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