HomeMy WebLinkAboutFS 2010-09-08 Item 2A - Ordinance - False Alarm FinesTO:
FROM: Don Lincoln, Assistant Chief of Police
DATE: August 27, 2010
SUBJECT: An ordinance amending False Alarm Fines
ISSUE
The TMC 8.08.040 False Alarm Fine rate has not been adjusted since 1985.
BACKGROUND
The Tukwila Municipal Code addressing false alarm fines was set a 25.00 for the third and
subsequent false alarms in 1985 and has not been adjusted since. The attached ordinance
increases the fine to $75.00.
DISCUSSION
The False Alarm Fine structure that has been in place since 1985 is significantly behind our
neighboring jurisdictions. By increasing the fine from 25.00 to 75.00, we bring our fines closer in
line to our neighbors while remaining one of the lowest jurisdictions measured. The language
change to the false alarm section 8.08.040A would be as follows within ten days of receipt of
written bill therefore, pay to the City the sum of $75.00 as to each such false alarm in excess of
two." This change to the code has been reviewed and approved by the City Attorney.
RECOMMENDATION
The Council is being asked to consider this item at the September 13, 2010 Committee of the
Whole meeting and subsequent September 20, 2010 Regular Meeting.
ATTACHMENTS
Ordinance in draft form
City of Tukwila
W• \2010 InfoMemos\False Alarm Fine Increase.doc
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
Jim Haggerton, Mayor
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1363, §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.08.040;
INCREASING THE FALSE ALARM FINES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the assessed fine for excessive false alarm calls has not changed since adoption
of TMC Chapter 8.08 in 1985; and
WHEREAS, the codified fine of $25.00 is no longer sufficient to cover the City's costs to
provide this response;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1363, §1 (part), as codified at Tukwila Municipal Code Section
8.08.040, is hereby amended to read as follows:
8.08.040 False Alarm Fines
A. In the event that, in any calendar year, any department of the City receives or responds
to a total of more than two false alarms of fire, intrusion, crime or other safety- related
emergency at any single place of business, home, vehicle or other premises or place, the owner
of said premises or place shall, within ten days of receipt of written bill therefor, pay to the City
the sum of $25400 75.00 as to each such false alarm in excess of two.
B. TMC Section 8.08.040A shall not apply to any false alarm intentionally sent by a person
with respect to whom the owner has no right of control by reason of an employment, tenancy
or similar relationship unless the City establishes that the alarm was sent by means of electronic
or mechanical device, other than a telephone, installed by the owner in a manner that failed to
comply with applicable statutes, codes or regulations. In any proceeding brought to enforce this
section, the party charged with a violation of this section shall bear the burden of proving that
the exception set forth in this subsection applies.
C. Failure to timely make any payment required by TMC Section 8.08.040A shall constitute
a civil infraction.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W Word Processing \Ordinances \False Alarm Fines.docx
DL:mrh
DRAFT
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number:
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