HomeMy WebLinkAbout4350 OrdinanceORDINANCE NO. '43�S-D
AN ORDINANCE of the City of Pasco, Washington, Amending Section
9.06.100 `Failure to Supervise a Child"; Repealing Section 9.64.080 "Wrongful
Use of Telephone'; Repealing Section 9.64.090 "Refusal to Yield Party Line';
Repealing Section 9.64.100 "Request for Party Line on Pretext of Emergency;
and Creating Chapter 9.65 "Misuse of 911 Emergency Call System."
WHEREAS, the City of Pasco finds that the misuse of the 911 emergency call system
results in a waste of City resources by the dispatching of emergency fire, medical, or police
personnel when no emergency exists; and
WHEREAS, the City of Pasco finds that there is a need for the City to repeal its outdated
code provisions regarding wrongful use of the emergency telephone system and replace them
with a more comprehensive process and penalty that will apply to individuals who misuse the
911 emergency call system. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.06.100 of the Pasco Municipal Code shall hereby be
amended and shall read as follow:
9.06.100 FAILURE TO SUPERVISE CHILD.
(1) It is unlawful for any parent, parents, or legal guardians, or any other person
having the care or custody of a child under the age of eighteen (18), to fail to properly supervise
and care for such child, in that such failure of supervision or care contributes to the child
violating any law of the United States, the State of Washington, or any ordinance of the City of
Pasco, or County of Franklin.
(2) It is unlawful for any parent, parents or legal guardians, or any other person
having the care or custody of a child under the age of eighteen (18) to:
(A) Fail to provide a home or settled place of abode; or
(B) Fail to exercise proper parental control of such child; or
(C) Neglect, inflict cruelty or depravity upon or fail to provide a fit place for
such child to live; or
(D) Allow such child to frequent the company of reputed criminals, vagrants
or prostitutes; or
(E) Allow such child to live in a house of prostitution or assignation; or
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(F) Allow such child to visit any saloon or place where spiritus, venous or
malt liquors are consumed or sold, bartered or given away; or
(G) Allow such child to do activities beyond their control and power without
seeking the assistance of appropriate state or local authorities; or
(H) Allow such child to lead an idle, dissolute or immoral life; or
(I) Suffer such child to be truant; or
(J) Allow such child to use unlawful drugs, narcotics or other controlled
substances; or
(K) Grossly and willfully neglect any medical care necessary for the well-
being of such child; or
(L) Allow such child to misuse the emergency 911 system
(3) Failure to supervise a child is a misdemeanor. (Ord. 3484 Sec. 2, 2001.)
Section 2. That Section 9.64.080 entitled "Wrongful Use of Telephone" of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
Section 3. That Section 9.64.090 entitled "Refusal to Yield Party Line" of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
Section 4. That Section 9.64.100 entitled "Request for Party Line on Pretext of
Emergency" of the Pasco Municipal Code shall be and hereby is repealed in its entirety.
Section 5. That a new Chapter 9.65 entitled "Misuse of 911 Emergency Call System"
of the Pasco Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.65
MISUSE OF 911 EMERGENCY CALL SYSTEM
Sections:
9.65.010
Purpose.
9.65.020
Definitions.
9.65.030
Misuse of 911 System and Affirmative Defenses.
9.65.040
Notice and Civil Penalty.
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9.65.010 PURPOSE. This chapter is intended to reduce the number of false requests
for emergency assistance or similar misuse of the 911 emergency response system which occur
within the City and result in waste of City resources by providing for corrective administrative
action, including fees and potential discontinuance of service for repeated violations.
9.65.020 DEFINITIONS. The following persons or words used in this chapter shall
be defined as set forth in this section:
A) "Emergency Services" shall include police, fire, ambulance and emergency public
works services provided by the City.
B) "Misuse of the 911 system" is a request for emergency services when no actual
emergency exists and when the caller cannot show the existence of an affirmative defense as
listed in PMC 9.65.030.
C) "Person" includes any natural person, partnership, joint stock company,
unincorporated association of society, or corporation of any character whatsoever.
9.65.030 MISUSE OF 911 SYSTEM AND AFFIRMATIVE DEFENSES. It shall
be unlawful for any person to misuse the 911 system by making a request for service when no
actual emergency situation exists. The following shall be an affirmative defense to any charge
made under this chapter:
A) It shall be an affirmative defense that the person charged has a good faith,
reasonable, factual basis for the request.
B) It shall be an affirmative defense that the person charged had an actual belief that
an emergency existed.
C) It shall be an affirmative defense that a person charged made an unintentional
request for service, including accidental dials, misdials, and mechanical activations. This
affirmative defense shall only apply to the first two (2) accidental dials, misdials, or mechanical
activations made within a 24- month period.
D) It shall be an affirmative defense that the request was made unintentionally by a
child at the location requesting the service.
9.65.040 NOTICE AND CIVIL PENALTY. Unless otherwise provided in this
chapter, any person violating any provision of this chapter shall be guilty of a civil infraction.
The City shall impose the following monetary penalties for civil infraction upon the request of
the police or fire departments for misuse of the emergency response system:
A) Upon a first response to a location at which a request for emergency assistance
has been made by misuse of the 911 system, a warning notice of potential violation of this
chapter, including the penalties for further violations, shall be given to the person responsible for
the requested emergency assistance.
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B) Upon a second response within a 24 -month period to a location at which a request
for emergency assistance has been made by misuse of the 911 system by the same individual
who dialed the call pursuant to PMC 9.65.040, such individual shall be charged with a first
offense of violating the provisions of this Chapter and shall be issued a class 1 civil infraction
pursuant to PMC Chapter 1.02, along with a monetary penalty of $250.00.
C) Upon a third response within a 24 -month period to a location at which a request
for emergency assistance has been made by misuse of the 911 system by the same individual
who dialed the call pursuant to PMC 9.65.040(A) and PMC 9.65.040(B), such individual shall be
charged with a second offense of violating the provisions of this Chapter and issued a civil
infraction and monetary penalty of $1,000.00.
D) Upon a fourth or subsequent response within a 24 -month period to a location at
which a request for emergency assistance has been made by misuse of the 911 system by the
same individual who dialed the call pursuant to PMC 9.65.040(A) and PMC 9.65.040(B), such
individual shall be charged with a third or subsequent offense of violating the provisions of this
Chapter and shall be guilty of a misdemeanor and monetary penalty of up to $1,000.00 and/or
ninety (90) days in jail.
Section 6. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of / t 2017.
Matt Watkins, Mayor
ATTEST:
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Sandy K orthy, Interim City Jerk
APPROVED AS TO FORM:
and B. Kerr, City Attorney
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