HomeMy WebLinkAboutORD-12-93 Establish Cost & Fees Reimbursement System for Improper Use of 911 SystemORDINANCE NO. 12-
93 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ESTABLISHING
A COST REIMBURSEMENT SYSTEM AND A
FEE FOR IMPROPER USB OF THE 911
SYSTEM.WHEREAS, the emergency response 911 system was
established by AB 515 and implementation throughout the state was mandated
on cities for a completion deadline of December 31. 1985;
and WHEREAS, as a state-mandated cost on a city, the
City of Orange is authorized to recover those costs to
the extent possible through its own means
and procedures;WHEREAS, the orange Police Department has
determined the costs for providing emergency
responses; and WHEREAS, The City Council has reviewed the
Police Department report on 911 costs and concurs with the findings
and conclusions
therein; and WHEREAS, abuse of the 911 system results in costs
to the City of over $60,000 per year and hinders provision
of needed emergency services by placing unwarranted demands
on emergency response personnel and 911 operators/
dispatchers; and WHEREAS, the best interests of the city would be
served by recovering the cost for responding to unwarranted use of
the 911 line to obtain police
services; and WHEREAS, the City Council of the city of orange
desires to establish a procedure and a cost basis for recovery
of
such costs;NOW, THEREFORE, the City Council of the City
Orange does ordain
as follows:
Section I:A new Chapter 9.40 is hereby added to read
as follows:CHAPTER
9.40 UNWARRANTED
911 CALLS 9.
40.010 9.
40.020 9.
40.030 UNWARRANTED 911
CALLS; FEE.APPEAL
AND
HEARING.MODIFICATION.9.40.010 UNWARRANTED 911 CALLS; FEE. A fee of $25
per call shall be assessed for each 911 call for
police services determined not to be a warranted use of the 911
emergency phone line. The person making the 911 call and the business
or entity by which that person was employed at the time of the call,
if the call was made to respond to the employer's place
of business,shall be liable for the costs thereof. In the case of
for response to a residence, the person making the call and the
person in whose name the telephone account is listed shall be
liable for the cost. In addition in the case of calls made by a
minor, the minor's parent(s) or guardian having legal custody
shall be liable for each unwarranted call made by such minor
after the parent(s) or guardian has received notice of any prior
unwarranted call by the minor. Notice shall be deemed to have
been received five days after mailing by first class mail or upon
personal delivery.
Upon determination that the call was not warranted, the
Department shall mail the bill by first class mail to the parties
liable under Section 1 hereof or, alternatively may cause such
notice to be delivered to the residence or business address of
any such person and left with any apparently responsible person.
A call shall be considered warranted if a reasonable person of
the relative age and maturity of the caller would reasonably
believe that an emergency situation existed which would require a
rapid response by police, fire, rescue or ambulance/medical
personnel.
9.40.020 APPEAL AND HEARING. Any person or entity
contesting any bill for fees hereunder shall be entitled to a
hearing before the Chief of Police or his designee upon filing an
appeal within 15 calendar days of receipt of the bill. The bills
shall contain a notice of the right to a hearing. In the event
of an appeal, a copy of the hearing procedure shall be made
available to the party filing the appeal. The Chief's decision
on the amount of fees and the parties responsible for payment
shall be final.
9.40.030 MODIFICATION. The amount or application of the
fee established under this section may be modified from time to
time by resolution of the City Council.
SECTION II:
Severability - Should any sentence, section, clause, part or provision
of this ordinance be declared invalid, the same shall to
affect the validity of the ordinance as a whole or any other part
thereof.SECTION
III:A
summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in
the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted.
A summary of this Ordinance shall also be published once
within fifteen (15) days after this Ordinance's passage in a newspaper
of general circulation, published, and circulated in Ord
No. 12-93 2-
the city of Orange. The City Clerk shall post in the Office of
the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those city Council members
voting for and against the Ordinance in accordance with
Government Code section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 21st day of September ,1993.
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ATTEST:
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city Cle 0 ht/C:Lty of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, city Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the city Council held on
the 14th day of September, 1993, and thereafter at the
regular meeting of said City Council duly held on the 21st day
of September , 1993, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
4iJ.J:4/d~~
City Clerk of e y of Orange
RDH:dg 3-Ord No. 12-