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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when no emergency exists; and WHEREAS, the City of Pasco finds that there is a need for the City to repeal its outdated code provisions regarding wrongful use of the emergency telephone system and replace them with a more comprehensive process and penalty that will apply to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 Ordinance - Misuse of the 911 Emergency Call System Page 1 (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. Ordinance - Misuse of the 911 Emergency Call System Page 2 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. Ordinance - Misuse of the 911 Emergency Call System Page 3 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: LQnw ' Sandy K orthy, Interim City Jerk APPROVED AS TO FORM: and B. Kerr, City Attorney Ordinance - Misuse of the 911 Emergency Call System Page 4