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Home My WebLink About2008-01-15 Ordinance-15-08 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. ORDINANCE AMENDING TITLE 7, ENTITLED FIRE PREVENTION AND ~~ ~~ 11 " TO PROVIDE THAT PROTECTION, CHAPTER 3, ENTITLED FALSE FIRE ALARMS, FEES FOR FALSE ALARMS BE SET BY RESOLUTION, TO CLARIFY WHEN A FALSE ALARM FEE IS ASSESSED, TO ELIMINATE THE REQUIREMENT TO SUBMIT CERTAIN INFORMATION, AND TO AMEND DEFINITIONS. WHEREAS, section 7-3 of the City Code presently provides for false alarm fees; WHEREAS, the current fees do not reflect the actual administrative costs incurred by the Fire Department for false alarms; WHEREAS, it is preferable to set fees by resolution rather than by ordinance; WHEREAS, section 7-3 is presently complex and difficult to enforce and includes a dual false alarm schedule; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS 1. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 3, entitled, "Definitions," is amended by deleting the definitions of "Alarm Servicer," "Alarm System," and "Automatic Fire Alarm," and adding the following new Definitions: Designated Employee: Person empowered by the owner or alarm user to respond on their behalf. False Fire Alarm: The activation of a fire alarm system not by fire or hazard, but through careless use, technical failure, equipment malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents. False fire alarm does not include alarm failures caused by water, gas, electrical, telephone or other utilities not under the control of the alarm user, or the willful act of a person other than the alarm owner or his or her employees or agents. 2. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 4, entitled, "False Fire Alarms Prohibited," is amended by deleting Section 4 and adding the following new Section 4 in lieu thereof: A. No person shall maintain a fire alarm system that produces a false alarm to which fire department personnel are expected to respond. B. Within thirty (30) minutes of the fire department's response to a location due to a false fire alarm, an owner shall personally report to the place of business or residence to reset the alarm. However, an owner is not required to personally report if the alarm user, a designated employee, a service provider, and/or the owner's agent reports within thirty (30) minutes of the fire department's response to a location. C. A violation of this section will subject the person to an assessment of fees as provided in this chapter and/or to the penalty provisions contained in section 7-3-8 of this chapter. 3. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 5, entitled, "Required Information," is amended by deleting Section 5 and adding the following new Section 5, entitled "Fee Schedule," in lieu thereof: A. False Alarm and Failure to Report Fees shall be set by resolution. All fees shall be paid within thirty (30) of date that the fee is assessed. B. As an alternative to the imposition of fees for false alarms based upon technical failure, equipment malfunction, or improper installation, the Fire Chief or designated representative may waive such fees if the owner returns to the Fire Chief or designated representative a statement of repair deemed satisfactory by the enforcement officer. In addition, the Fire Chief or designated representative may waive such fees if the owner and/or alarm user agrees•to upgrade the existing alarm system in such a manner which, in the determination of the Fire Chief or designated representative, will significantly reduce or eliminate further false fire alarms. The alarm owner and/or alarm user shall submit appropriate documentation and specifications of such alarm system upgrades to the Fire Chief or designated representative for review. If such alarm system upgrades are approved by the Fire Chief or designated representative, imposition of the fees for false alarms based on technical failure, equipment malfunction, or improper installation may be held in abeyance for up to ninety (90) calendar days to allow for the installation and upgrade of the fire alarm system. Notice of approval or disapproval of the Fire Chief or designated representative shall be given in writing and served on the owner and/or user by regular mail. Failure of the alarm system owner and/or user to complete such upgrades within the specified ninety (90) calendar days may result in the imposition of the specified false fire alarm fee as provided herein. 4. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 6, entitled, "Unintentional False Fire Alarm Fees" is amended by deleting Section 6 in its entirety. 5. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 7, entitled, "Notice of False Fire Alarm," Subsection B is amended by deleting it and adding the following new Subsection B in lieu thereof: The notice shall provide that all fees shall be paid within thirty (30) days of the date of the notice. 6. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 8, entitled, "Penalties," is amended by deleting Section 8 and adding the following new Section 8 in lieu thereof: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration ~ ~~ ~/2oos Vote for passage: AYES: Correia, Hayek, .Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: O'Donnell. Second Consideration _ Vote for passage: Date published