HomeMy WebLinkAboutItem 12October 7, 2019 Item No.
ORDINANCE AMENDING TITLE 8 OF THE CITY CODE
AND SUMMARY ORDINANCE FOR PUBLICATION
Proposed Action
Staff recommends adoption of the following motion as part of the Consent Agenda: Move to
approve an ordinance amending Title 8 of the city code regarding false alarms and the summary
ordinance for publication, as presented.
Overview
The City Council discussed amending Title 8 of the city code at their September 23, 2019
workshop.
Each time the City of Lakeville police and/or fire department receive an alarm call, they are
dispatched to the home or business. If the alarm is set off by mistake, the police and/or fire
department still respond. If a company requests a cancel on a commercial alarm, a fire unit still
responds to verify cause of alarm activation and ensures the system has been reset. Responding
to false alarms depletes the limited resources, people and equipment with which the City must
respond to emergencies. In 2018, police and fire responded to 600 false alarm calls. Per the fee
schedule the first false alarm fee is waived but the fee increases with each subsequent call. Over
the years staff has had difficulty in collecting unpaid false alarm charges. In discussions with the
City Attorney the City has authority to assess the unpaid false alarm charges against the property
if this ordinance is adopted.
Supporting Information
• Ordinance amending Title 8 of the City Code and Summary Ordinance
Financial Impact: $ Budgeted: Y☐ N☒ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Jerilyn Erickson, Finance Director
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N/A
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE AMENDING TITLE 8 OF THE LAKEVILLE CITY CODE
CONCERNING FALSE ALARMS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 8 of the Lakeville City Code is amended to add a new Chapter 5 to read as
follows:
FALSE ALARMS
SUBSECTIONS
8-5-1 Purpose
8-5-2 Definitions
8-5-3 False Alarms; Penalties
8-5-4 Collection of False Alarm Emergency Service Charges
8-5-1 Purpose:
The purpose and intent of this Ordinance is to protect the health,
safety and welfare of the residents of the City of Lakeville. Responding to false alarms depletes the
limited resources, people and equipment, with which the City has to respond to emergencies.
Further, increased development in Lakeville creates additional demands on the resources of the
Police and Fire Department. Therefore, in order to protect the residents of Lakeville by
maximizing the limited resources available to the City, this section attempts to encourage alarm
users to properly maintain and use their alarm systems.
8-5-2 Definitions:
The following terms shall have the following meanings for the purposes of this ordinance:
Alarm System means any instrument or other device that, as one of its purposes, is used to protect
buildings, premises or persons from criminal acts, unauthorized entries or acts of nature by
warning persons of crime, unauthorized entry and acts of nature through the emission or
transmission of a sound or signal designed to prompt a response by Police or Fire Departments.
Alarm User means any person, employee, firm, partnership, association, corporation, company or
organization of any kind which uses or is in control of an Alarm System, regardless of whether it
owns or leases the system.
False Alarm means any activation of an alarm system that results in a response by the Police or
Fire Department where an emergency situation does not exist. "False Alarm" includes, but is not
limited to, activation of an alarm system through mechanical failure, malfunction, improper
installation, or the negligent use or maintenance of the alarm system by its owner or lessee or by
the owner's or lessee's employees or agents. "False Alarm" does not include activation of the alarm
by utility company power outages or by climatic conditions such as tornadoes, lightning,
earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond
the control of the alarm manufacturer, installer and owner. "False Alarm" does not include
activation of an alarm system as the result of an effort or order to upgrade, install, test, or maintain
the system, if the Police/Fire Dispatcher and, where applicable, central monitoring agency for the
alarm system are each notified in advance of said upgrade, installation, test or maintenance.
8-5-3 False Alarms; Penalties:
The City will impose emergency service charges per the Official Fee Schedule on any Alarm User
for each False Alarm in excess of the first call per calendar year.
8-5-4 Collection of False Alarm Emergency Service Charges:
A. If the emergency service charges remain unpaid after 30 days’ notice of delinquency is sent to
the Alarm User, the City will use all practical and reasonable legal means to collect the
emergency service charge. The Alarm User shall be liable for all collection costs incurred by
the City including, but not limited to, reasonable attorney fees and court costs.
B. If the emergency service charge remains unpaid for 30 days after the notice of delinquency is
sent, the City Council may also, on or before October 15 of each year, certify the unpaid
emergency service charge to the county auditor in which the recipient of the services owns
real property for collection with property taxes. The county auditor is responsible for
remitting to the city all charges collected on behalf of the city. The City must give the property
owner notice of its intent to certify the unpaid fire service charge by September 15.
SECTION 2. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED by the Lakeville City Council this 7th day of October 2019
CITY OF LAKEVILLE
BY: ___________________________________
Douglas P. Anderson, Mayor
ATTEST:
___________________________________
Charlene Friedges, City Clerk
SUMMARY ORDINANCE NO. _____
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 8 OF THE LAKEVILLE CITY CODE
CONCERNING FALSE ALARMS
This ordinance amends Title 8 of the Lakeville City Code. An amendment has been made to the
following chapter of the Lakeville City Code:
Title 8 (Fire Prevention and Protection)
Chapter 5 (False Alarms)
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk.
APPROVED FOR PUBLICATION by the Lakeville City Council this 7th day of October 2019
CITY OF LAKEVILLE
By: ________________________________
Douglas P. Anderson, Mayor
ATTEST:
______________________________
Charlene Friedges, City Clerk