HomeMy WebLinkAbout3472•
•
ORDINANCE NO. 3472
AN ORDINANCE of the City of Port Angeles, Washington, relating to the misuse
of the 911 Emergency Call System adding new Sections to Chapter 9.30 to
Title 9 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Port Angeles Municipal Code is amended by adding new Sections
9.30.110 through 9.30.220 to Title 9 to read as follows:
Chapter 9.30
Misuse of the 911 or Emergency Call System
Sections:
9.30.110 Purpose
9.30.120 Application
9.30.130 Definitions
9.30.140 . Misuse of the 911 system- designated
9.30.150 Enforcement
9.30.160 Notice of violation and order to cease
9.30.170 Civil penalty
9.30.180 Criminal violation
9.30.190 Persons responsible
9.30.200 Additional relief
9.30.210 Collection of judgments
9.30.220 Administration
9.30.110 Purpose
The purpose of Sections 110 through 220 of this Chapter is to reduce the number of requests
for emergency assistance when no emergency exists, to reduce similar misuse of the 911
emergency response system, and to reduce wasteful or misappropriate use of City resources.
9.30.120 Application
This Chapter applies to all communications made to the emergency communications center,
known as PenCom or Peninsula Communications, operated by the City.
1
•
•
9.30.130 Definitions
For purposes of this Chapter, the following words shall be defined as set forth in this section:
A. "Person" includes a natural person, joint venture, joint stock company, partnership.
association, club, company, corporation, business, trust, organization, and the manager, lessee,
agent, servant, officer or employee of any of them.
B. "Misuse of the 911 system" is a request made through the 911 emergency telephone system
for emergency response when the caller does not have an objective, factual basis to request
emergency assistance, or a person calls the 911 system for any purpose other than to report an
emergency or request services in response to an emergency. Misuse of the 911 system
includes 911 Hang -up calls.
C. "911 Hang -up Call" means any telephone call made through the 911 emergency telephone
system that results in a completed connection to the emergency communications center where
the caller, unless physically unable to do so, either (1) fails to remain on the line and advise a
dispatcher of the nature of the call, or (2) fails to answer a call -back from the Police
Department to verify the nature of the call, or (3) fails to permit an operator interrupt if the line
is busy on call -back.
D. "Emergency" means any condition in which a reasonable person would believe police, fire,
or medical emergency services will result in (1) the saving of a life. (2) mitigation of property
damage, (3) quicker apprehension of a criminal, (4) assistance with potentially life - threatening
medical problems, (5) suppression of a fire, (6) rescue from a situation that could result in
death or serious bodily injury, (7) prevention of or response to an imminent crime, (8) or
similar situation in which immediate police, fire, or medical assistance is required.
9.30.140 Misuse of the 911 System - Designated
It shall be a violation of this Chapter for any person to misuse the 911 system.
If a person claims that he or she did not violate this Chapter because he or she had an
objectively reasonable factual basis for an emergency request, that person shall have the
burden of establishing such objectively reasonable factual basis.
9.30.150 Enforcement
The following procedures shall be available in the event of any violation of this Chapter:
A. Notice of violation and order to cease;
B. Civil infraction; and
C. Criminal violation.
2
•
•
These enforcement procedures shall not be mutually exclusive. Exercise of one procedure shall
not constitute an election which prevents use of another procedure. The Chief of Police shall
have the right and authority to determine which enforcement procedure(s) to employ and to
combine enforcement procedures to effect the purposes of this Chapter.
9.30.160 Notice of violation and order to cease
A. When it is determined that a violation has occurred or is occurring, the City may issue a
"notice of violation and order to cease" to the person responsible for the violation. A " notice of
violation and order to cease" shall include the following:
1. The name, telephone number, and address of the person responsible for that violation;
and
2. A description of the violation; and
3. A statement that the order may be appealed by filing a written request for hearing with
the City Manager within 15 days of issuance of the order. Failure to timely file a notice of
appeal shall constitute a waiver of the right to appeal the determination of the order. An appeal
hearing, timely requested, shall be set no less than 20 days but no more than 60 days from the
date the notice and order is issued.
B. Service on the person responsible for the violation may be done either personally or by
mailing a copy of the citation or the notice and order by certified or registered mail, return
receipt requested, to such person at their last known address.
9.30.170 Civil penalty
A. When it is determined that a violation has occurred or is occurring, the City may issue a
notice of civil violation. The notice shall be in the form used for issuance of an infraction
citation in municipal court and shall be subject to the civil rules for infractions.
B. Service on the person responsible for the violation, may be done either personally or by any
method authorized by law for service of infraction citations.
C. Each separate violation of any provision of this Chapter is a civil offense subject to a fine
of $250.00 for each offense.
9.30.180 Criminal Violation
Misuse of the 911 system occurring 3 or more times within 12 months shall constitute
telephone harassment under RCW 9.61.230.
3
•
•
9.30.190 Persons Responsible
The person responsible for any violation of this Chapter is the person who actually abuses the
911 system. In the absence of other evidence of the identity, the person to whom the telephone
number is registered shall be responsible for any violation of this Chapter; 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 misuse
of the 911 system shall be responsible.
9.30.200 Additional Relief
The City may seek any legal or equitable relief available at any time to mitigate any acts or
practices that violate the provisions of this Chapter or abate any condition that constitutes a
nuisance.
9.30.210 Collection of judgments
If the person cited fails to pay a penalty imposed pursuant to this Chapter, the penalty may be
referred to a collection agency. The cost to the City for the collection services shall be added as
costs to the amount to be collected. Alternatively, the City may pursue collection in any other
manner allowed by law.
9.30.220 Administration
The provisions of this Chapter shall be administered by the Chief of Police or his designee.
The Chief of Police, or designee, shall have the authority to implement the provisions of this
Chapter
Section 2 - Corrections. The City Clerk and the codifiers of this Ordinance are authorized
to make necessary corrections to this Ordinance including, but not limited to, the correction of
the scrivener's /clerical errors, references, Ordinance numbering, section/subsection numbers
and any references thereto.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
4
•
•
Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This Ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 2nd day of January, 2013.
Cherie Kidd, May
ATTEST: APPR VED AS TO FO
Jar( ssa Hurd, City Clerk
PUBLISHED: 01/07/2013
By Summary
5
William E. Bloor, City Attorney
•
Summary of Ordinance Adopted by the
Port Angeles City Council
On January 2, 2013
Ordinance No. 3472
This Ordinance of the City of Port Angeles, Washington, relates to the misuse of the 911
Emergency Call System adding new Sections to Chapter 9.30 to Title 9 of the Port
Angeles Municipal Code.
Ordinance No. 3473
This Ordinance of the City of Port Angeles, Washington, revises 13.12.071 relating to Schedule
IT -11 — Industrial transmission of the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall
take effect five days following the date of publication by summary.
Publish: January 7, 2013
•
Janessa Hurd
City Clerk