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Ordinance No. 1022 01-03-1994 ORDINANCE NO. 1022 AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 112, ENTITLED "FALSE ALARMS", AND AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES" The City Council of the City of Fridley does ordain as follows: 112.01. PURPOSE AND INTENT The purpose of this ordinance is to provide regulations for the use of burglary, fire and safety alarms, including establishment of user fees for false alarms. 112.02. DEFINITIONS The following terms shall apply in the interpretation and application of this chapter: 1. "Public Safety Personnel" means duly authorized city employees. 2 . "Alarm User" means the person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained. 3 . "Alarm System" means any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises, which contains an alarm installation. 4 . "False Alarm" means an alarm signal eliciting a response by public safety 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 user of an alarm system or its employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, or violent conditions of nature, nor do they include alarms caused by third persons over whom the user has no control. 112 . 03 . EXCEPTIONS The provisions of this ordinance are not applicable to alarm systems affixed to automobiles, boat trailers, house trailers, and recreational motor vehicles. Page 2 - Ordinance No. 1022 112. 04. FEES 1. The user fee shall be as provided in Chapter 11 of this Code. 2. Payment of user fees provided for herein must be paid to the City Treasurer within thirty (30) days from the date of notice by the City to the alarm user. Failure to pay the fee within thirty (30) days will result in the imposition of a penalty of ten percent (10%) of the user fee. 3. All unpaid user fees and penalties shall be certified as an assessment against the property on which the alarm was located and shall be collected each year along with the taxes on said property. Administrative costs in the amount of ten percent (10%) of the unpaid fee and penalty shall be added to each assessment. 4 . An alarm user which is required by the City to pay a user fee as a result of a false alarm, may make a written appeal of the false alarm user fee to the Public Safety Director or Fire Chief, as appropriate, within ten (10) days of notice by the City of the false alarm charge. An adverse decision by the Public Safety Director or Fire Chief may be appealed to the City Manager, within ten (10) days of receipt of the Public Safety Director or Fire Chief's decision. The City Manager will have authority to make a final determination as to whether or not the user is to be charged a user fee for the false alarms. 112 . 05. LIABILITY OF CITY The regulation of alarm response shall not constitute acceptance by the City of liability to maintain equipment, to answer alarms, or to respond to alarms in any particular manner. CHAPTER 11, GENERAL PROVISIONS AND FEES. Section 11. 10, "Fees" is amended to include the following False Alarm fees. 112 False Alarms $50.00 for sixth false alarm in single calendar year and for each subsequent false alarm in calendar year, an additional $25.00 (e.g. , 7th false alarm = $75.00, 8th false alarm = $100.00, 9th false alarm = $125.00, etc. ) . This ordinance shall be in full force and effective from and after its passage and publication. Page 3 - Ordinance No. 1022 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JANUARY, 1993 . Wa-1444.TWe--- WILLIAM Y. NEE - MAYOR ATTEST: 1,3) Q . Q. WILLI .A. CHAMPA - CITY CLERK First Reading: November 15, 1993 Second Reading: January 3, 1994 Publication: January 11, 1994 I