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HomeMy WebLinkAbout96-33• Ordinance No. 96-33 Imposing Penalties for Excessive False Fire Alarms • Adopted: December 3, 1996 Effective: January 1, 1997 • Ordinance No. 96-33 ORDINANCE IMPOSING PENALTIES FOR EXCESSIVE FALSE FIRE ALARMS WHEREAS, the Town of Pulaski provides fire protection to its homes, businesses, and industries as a proper governmental service without charge; and, WHEREAS, the Town Fire Department must respond to alarm calls even when it is likely that the alarm is false; and, WHEREAS, every response to a false alarm involves exposing firefighters to risk of injury even if the alarm is false; utilizes personnel and equipment that would otherwise be available for true emergencies; involves a large expense to the Town; and otherwise places an undue burden on the Town and its Fire Department; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in Regular Session on December 3, 1996, that §6-49 of the Pulaski Town Code is hereby adopted to read as follows: Sec. 6-49. Charges for Excessive False Firm Alarms. • (a) The purpose of this section is to provide for the overall safety, health, and welfare of the public; to enhance the safety of Fire Department personnel; to reduce an undue burden on the resources of the Town and its Fire Department; and to encourage property owners to remedy conditions which lead to excessive false alarms. (b) The Town Fire Chief and Fire Marshall each are authorized to bill to the owner of any premises from which a false alarm originates, a charge or penalty as set forth in the schedule below, for any false alarms in excess of two (2) during a consecutive twelve (12) month period. Any fee charged will be due and payable within thirty (30) days after mailing to the owner at the address from which the alarm originated or address of said owner shown on the real estate tax records for such premises. The Town Finance Department will receive such payments and shall take any and all actions reasonably necessary to collect such payments if not paid in a timely manner. (c) No fee will be charged, and an alarm will not be counted toward the allowance of two free calls, where the false alarm was caused by an act of nature; power outages; erroneous but good faith calls based on the reasonable suspicion that a fire was occurring; or intentional or malicious false alarms triggered by third parties over whom the owner has no control or responsibility. L~ 433 • (d) Effective January 1, 1997, the following charges will apply: Only false alarm in preceding 12 months No Charge Second in preceding 12 months No Charge Third in preceding 12 months $ 50.00 Fourth in preceding 12 months $100.00 Fifth in preceding 12 months $200.00 6th or more in preceding 12 months $400.00 per call (e) Any property owner who disputes the calculation of the charge or who claims an exception under paragraph (c) may appeal the same in writing to the Town Manager within the thirty (30) day payment period. The Town Manager is authorized to void or modify said charges if he determines an error was made or an exception applies. Upon determination of the Town Manager of the correct charges, payment must be made within ten (10) business days thereafter, or the Town Finance Director is to begin appropriate collection action. Upon exhaustion of the right to review by the Town Manager, any property owner may contest the charge in an appropriate court having jurisdiction. The initial calculation period for all calls will commence on January 1, 1997, and this Ordinance is effective as to alarms received on or after January 1, 1997. This Ordinance is ; • 1996 as follows: John A. Johnston Lane R. Penn Pauline G. Mitchell W. H. Schrader, Jr. adopted by duly recorded vote of the Town Council on December 3, Aye W. Edgar Hale Absent Aye James M. Neblett Aye Ave Charles W. Stewart Ave Ab.~nr Bettye H. Steger g~,_ By ANDREW L. GRAHAM, JR., Maysrp` ATTEST: UU ~~ Ruth Harrell Clerk of Council • 434 I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia do hereby certify that the foregoing Ordinance No. 96-33 is a true and correct • copy of the Ordinance set out and adopted this 3rd day of December, 1996 ~~ ~ . ~~~~-mac • L~