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Ordinance No. 02-05 CITY OF TIGARD, OREGON ORDINANCE NO. 02- �JC� AN ORDINANCE AMENDING TIGARD MUNICIPAL CODES 3.36.070, 5.04.160, 5.04.173, 5.14080, 7.70.030, 10.50.040, 11.04.060, 11.08.030, 11.08.060 AND 11.08.123 TO REMOVE REFERENCES TO FEES AND CHARGES AND UPDATE THE CODE LANGUAGE TO STATE THAT FEES AND CHARGES SHALL BE SET BY RESOLUTION. WHEREAS,the Tigard Municipal Code(TMC)contains references to fees and charges; and WHEREAS, the City Council desires to set fees and charges by one master resolution to be updated on an annual basis; and WHEREAS,the fees and charges in the TMC should be identified,removed from the TMC and transferred to the master resolution. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The TMC is amended as outlined in the attached Exhibit A. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UO Un 1muuS vote of all Council members present after being read by number and title only,this �-'Oday of 2002. Catherine Wheatley,City Recorder Y� APPROVED: By Tigard City Council this� day of4 6t/r-t.t0- 2002. J es E. Griffih,AT Appro form: City Attoine Date ORDINANCE No. 02-C Page 1 EXHIBIT A equip, operate and maintain within and without the city limits of the city of Tigard, Oregon, open PW@1414g+1144 SPI T' D@r-14401#4rS drainageways, underground storm drains, 1�Itiple 4- ,@1144 g+wit pe f equipment and appurtenances necessary, useful or to toe, aea+est convenient for a complete storm drainage system; S T no,.,,401#4 $0.75 and also including maintenance, extension and Mobile lieffle eatii4 per-E914 reconstruction of the present storm drainage tee aear-est0.1 ESU Per-fflaf#4r$4TS system of the city. (Ord. 82-71 §2, 1982). Gaffl. er-e;.,' Rod iff"S* ift 3.36.030 Charges and fund established. 0.-I -PcT T 12@r-R401#4 en�c la4p-O ,o,apr-@a4ises r� There is established and imposed upon all 4^*^*''� _���� slibjeet to premises which have been improved within the the .,i p*e fes per.F4cTT city of Tigard just and equitable charges for storm is t 4 PV 4_4 _F PV 14 n -1 -PcrT Per-,,4at#4 $4.74 drainage service or subsequent service :z elm e Per-fflaf#4 en�c maintenance, operation and extension; and to establish a storm drainage proprietary fund for the foregoing purposes. (Ord. 83-35 §2, 1983: Ord. 82-71 §3, 1983). A,,,t;„4 t 444444He t„ . C-RA-1-4 „9 (Ord. Q�s;, �44 All rates shall be set by 3.36.040 Charges--Collection. resolution of the City Council. The charges may be collected with the 3.36.080 Expenditure of funds. monthly sanitary sewer bill for those connected to sewer or billed alone as storm drainage charge for The city shall develop and adopt policies, those users not connected to or not otherwise standards, and financial incentives to promote, charged for sanitary sewer.(Ord. 82-71 §4, 1983). regulate and administer the city's master drainage plan. The council shall provide, by resolution, for 3.36.050 Charges--Use. a method of expenditure of funds collected pursuant to Section 3.36.030 of this chapter so Such charges shall be paid by those liable that those service charge funds are expended in therefor and placed in a storm drainage fund into proportion to an areas contribution to storm which all of the charges so collected shall be drainage requirements. (Ord. 82-71 §8, 1983). deposited and kept as a fund to be used only for the purposes aforesaid. (Ord. 82-71 §5, 1983). 3.36.090 Payment required. 3.36.060 Determination of service. Every person subject to a charge provided herein shall pay the same,when due, to the city of The city council determines that property Tigard. (Ord. 82-71 §9, 1983). not used for single-family dwelling purposes is furnished service in proportion to the amount of the property's impervious surface, and that an equivalent service unit is adopted based upon the average impervious surface of a random sample of single-family lots within the Tigard area. (Ord. 82-71 §6, 1983). 3.36.070 Rates established. Too _4 .,4144,..,tom 1 EXHIBIT A 5.04.120 Issuance of business tax. 5.04.150 Reissue of tax receipt. (a) The city shall collect all taxes and A business tax receipt may be reissued if shall issue receipts under the provisions of this incorrect information is recorded on the chapter. The city shall promulgate and enforce certificate. rules and regulations necessary for the operation and enforcement of this chapter. Such rules shall (1) If the reissue is the result of be available to the public upon request. incorrect information due to an error by the city or a city employee, there will be no fee. (b) Business which constitute a home occupation as defined in Chapter 18.385.020 of (2) If the reissue is the result of the Tigard community development code shall incorrect information due to an error by the have a valid home occupation permit prior to the applicant or an agent of the applicant, a reissue fee issuance of a business tax receipt. All other in the same amount as the initial issue fee will be business tax receipts shall be issued upon written required. application and receipt of the applicable tax by the city. (3) If a business tax receipt holder relocates during the calendar year, city files will (c) A duplicate tax receipt shall be be updated but a new receipt will not be issued issued by the city to replace any receipt previously until the next renewal receipt is issued. (Ord. 88- issued which has been lost, stolen, defaced, or 13 §1(Exhibit A)(part), 1988). destroyed, without any wilful conduct on the part of the business taxpayer upon the filing by the 5.04.160 Fee schedule. business taxpayer of a statement attesting to such a fact and paying the city a fee of ten dollars. (a) (Ord. 88-13 §1(Exhibit A)(part), 1988). 5.04.130 Procedure for obtaining and displaying a receipt. (a) All business tax receipts shall be U-444'e-rsg '-At;41 4 444444;41 issued upon written application and receipt of the Ei�'e@s R4@4-4-ttI a B si ss x applicable tax by the city. 55.00 (b) The business tax application shall -IT50 z8.n090.n�00 be completely filled out before a tax certificate is 51 or-i+la fe z8.00 100.00 zz8.00 All issued. (Ord. 88-13 §1(Exhibit A)(part), 1988). fees shall be set by resolution of the City Council. 5.04.140 Display. A business tax receipt will be valid from the date of payment through December 31 st of Upon payment of the business tax, a that year. person shall be issued a receipt by the city, which (b) The initial payment of an annual receipt shall be kept posted in a conspicuous place business tax can be made at any time. Thereafter on the business premises at all times. If there is the annual tax shall be due in full January 1st. no physical structure on which to display the The annual fee will be prorated for those receipt, the receipt shall be in the possession of businesses who begin operation after January ls` the representative of the business present within e0f-d Ng W t4@ f!!W 'iNg SVV4@ 44'0: the city at all times during which business is being transacted. (Ord. 88-13 §1(Exhibit A)(part), ,.T, 44-h-o,.^-ff4" *� � 1988). 2 EXHIBIT A in Chapter 1.16 of this code, Civil Infractions. $4.58 SP.'7 S19. fef J-44; 944 ��02,44 iee44.e�l A44 AF (b) Each violation of a separate hef,qre—tl402,�'544 Af 4402, provision of this chapter shall constitute a separate R4 A4444 infraction, and each day that a violation of this chapter is committed or permitted to continue -2.29 4.59 9.1&r-t4eiaitial in shall constitute a separate infraction. 154 A f 40 R4 ARt-i. (c) A finding that a person has committed a civil infraction in violation of this x.58 917 'Q.�� f r PRA^'4 R4 A444 AU®RF 4®R chapter shall not act to relieve the person from J444JA' MA444 4444*' payment of any unpaid business tax, including 1404* 44444^" "ft delinquent charges, for which the person is liable. eyele begs s (ja-F a+ , 1) The penalties imposed by this section are in addition to and not in lieu of any remedies (c) There will be no business tax available to the city. refunds for businesses who cease operation or who move out of Tigard during the tax year. (d) Payment of the business tax after (Ord. 88-13 §I(Exhibit A)(part), 1988). the complaint and summons is served is not a defense. 5.04.173 Temporary business. (e) If a provision of this chapter is (a) A temporary business as defined violated by a firm or corporation, the officer or in Section 5.04.0300), must comply with all officers, or person or persons responsible for the regulations in this chapter. violation shall be subject to the penalties imposed by this chapter. (Ord. 88-13 §1(Exhibit A)(part), (b) The business tax fee for a 1988). temporary business shall bei set by resolution of the City Council. A business tax receipt for a temporary business shall be valid until the initial temporary use permit expires. Any extension or renewal of a temporary use permit shall require an additional business tax payment. (Ord. 88-13 §1(Exhibit A)(Part), 1988). 5.04.180 Enforcement. The city is authorized to conduct inspections to insure the administration and enforcement of this chapter. The code enforcement officer(s) shall be responsible for the enforcement of this chapter. (Ord. 88-13 §1(Exhibit A)(part), 1988). 5.04.190 Penalties. (a) Violation of this chapter shall constitute a Class 2 civil infraction which shall be processed according to the procedures established 3 EXHIBIT A way without a franchise. The City may grant a 5.14.070 Term franchise allowing use of any right of way for any portion of a telecommunications system, Unless otherwise specified in the franchise consistent with the regulations established in or agreement and resolution or ordinance, franchises under the authority of this chapter. shall be in effect for ten years but in no case shall exceed 15 years. 5.14.050 Grant of Franchise 5.14.080 Franchise Fee (a)To competitive telecommunications service providers. The City Council may grant (a)Any person applying for a franchise by resolution a telecommunications franchise to (including an application for renewal) shall pay an any person providing competitive application fee to cover the cost of processing the telecommunications services who has submitted application. The City Council shall establish the an application, meets the requirements of this fee by resolution. Chapter, and agrees to sign the City's standard franchise agreement without modification. The (b) franchise shall not be effective until the applicant 1 4aftehise fee 4 4+e ^fflatiat of $7,50 signs the City's standard Telecommunications Franchise Agreement. The City Council shall : The annual fee approve the form of the standard incldued in the franchise agreement shall be the Telecommunications Franchise Agreement by amount or amounts contained in the Master Fee resolution. Resolution in effect at the time the franchise agreement is adopted. (b)To others. The City Council may grant telecommunications franchises in any other (1) Far- +161ities circumstance by ordinance. Any franchise ordinance shall not be effective until a franchise agreement is entered into by the City and the (as defified i-4-4- WARS 404.710) f+et44 e+istet44er-s franchisee. 41*4444444�o r4 , l@SS „ot , >>o �;i.�o� 1 ,,.i, (c)Nonexclusivity. All telecommunications franchises granted to competitive T ^ distaffeePfE)N4jere—« telecommunications service providers shall be prate—net s, $?.simper haeaf €sate€ nonexclusive. 5.14.060 Privilege Granted 94 For-681:Afetiti 44404:114 A444 All The franchise shall grant a privilege to use ^*'4-0r ^N^'' ���� T44-^ MFOV 140t S4' eet to rights of way consistent with the requirements of „i.so^*-^NS (1) affa ('" f;. eat of gr-es this chapter. The franchise does not convey any f@NT@fM@S g@140-2-F-40-Rd-a 41444t4@ G4y.L1) Gross right, title or interest in the right of way. revenue generated within the City includes monthly service charges paid by customers within the City,the full amount of charges for separately charged transmissions originating and received within the City,half the amount of separately charged transmissions that either originate or are received within the City but are received or originate outside the City, any amounts received for rental of facilities within the right-of-way, and 4 EXHIBIT A person not representing a business which is special license. A copy of the report of the chief required to be issued a business tax receipt or shall be provided to the applicant. The applicant special certificate under Chapter 5.04 of the may appeal the determination of the chief to the Tigard Municipal Code, and who appears with city council. A decision by the city council to such articles at the dealer's place of business. grant or deny a permanent special license may be reviewed further in accordance with ORS 34.010 (k) "Transient merchant" means any to 34.100. person: (c) The following shall be grounds (1) Engaged in the business for denial of the issuance of a temporary or of purchasing precious metals or gems in the city, permanent special license by the chief and city council: (2) Engaged as an itinerant business or temporary business under the (1) Conviction of a crime provisions of the Tigard Municipal Code Chapter involving moral turpitude; or 5.04; and (2) Evidence that the (3) Engaging in the business applicant has not complied with similar of purchasing such precious metals or gems from ordinances or laws in other jurisdictions; or any person not representing a business which is required to be issued a business tax receipt or (3) Noncompliance of the business or special certificate under Chapter 5.04 of the applicant with state and local laws; or Tigard Municipal Code, and who appears with such articles at the dealer's place of business. (4) Misrepresentation of (Ord. 83-26 §1, 1983). information in the application. 7.70.030 Special license required. (d) The fee for such special licenses issued pursuant to this ordinance shall be tee (a) It is unlawful to operate as an del a+s per- yga set by resolution of the City antique, precious metal or gem, scrap metal, Council. Every special license issued shall expire secondhand dealer, or transient merchant without on January 15th of each year and shall be renewed first obtaining a special license. Such special upon payment of the fee, unless not renewed for license shall be required in addition to a business the grounds listed in Section 7.70.110(b) of this tax receipt or special certificate which is required chapter. (Ord. 83-26 §3, 1983). under Chapter 5.04 of the Tigard Municipal Code, or any other city license or permit. 7.70.040 License to be conspicuously posted (b) Application for such license shall be made upon standard forms issued and kept by Every transient merchant shall possess the chief. Upon application for a special license, and shall post in a conspicuous manner at any the chief may issue an appropriate temporary place where the merchant is engaging in business, license to be valid for the period of time stated on the special license required by this chapter. (Ord. its face, said period of time not to exceed thirty 83-26 §10, 1983). days. The application or a copy thereof shall be referred to the chief for investigation prior to issuance of a permanent special license. If it appears from such investigation, or otherwise, that a permanent special license should not be issued to the applicant, the chief shall notify the city council to that effect and shall set forth the reasons why the applicant should be denied a 5 EXHIBIT A 10.50.040 Permit application--Fee. (d) A fee of*e„ dellars shall be paid prior to the issuance of a permit. The fee shall be (a) Application for a permit to move set by resolution of the City Council. Should it be an oversize load shall be made to the building necessary for the city to provide any assistance in official on forms provided by the building official the moving of an oversize load, the applicant shall and shall include the following information: pay an amount equal to the cost of labor and/or materials, or any other cost incurred by the city. (1) The name and address of These fees, pursuant to this section may be a person who owns the oversize load; amended by the city council by resolution. (Ord. 90-18 §1(part), 1990) (2) The name and address of a person engaged to move the oversize load; 10.50.050 Permit for moving or relocating a building onto a lot. (3) The location from which the oversize load is proposed to be moved; The movement or relocation of any building or structure (which would otherwise (4) The proposed new site of require the issuance of a building permit), within the oversize load and its zoning classification (if or into the city, to be placed on a lot within the in the city); city, shall in addition to the provisions of this chapter, comply with Chapter 14.20. (Ord. 90-18 (5) The proposed route for §1(part), 1990) moving the oversize load, 10.50.060 Protection of public and (6) The dimensions, type of private property and utilities. construction and approximate age of the oversize load; (a) The issuance of an oversize load permit is not an approval to remove, alter, (7) The use or purpose for interfere or endanger any public or private which the oversize load was designed; property, or utility without first having obtained in writing, the permission of the property owner(s), (8) The use or purpose to be utility, or public entity to do so. made of the oversize load at its new location (if in the city); (b) The applicant shall have made arrangements to the satisfaction of the owner(s), (9) The proposed moving utility or public entity for protecting the date and hours of moving; installations or property, paying for whatever damage the moving causes them, and for (10) Any additional reimbursing the owner(s), utility or public entity information the building official considers for any costs of removal and reinstallation of the necessary for a fair determination of whether the property that the move necessitates. (Ord. 90-18 permit should be issued. §1(part), 1990) (b) In situations where the city's design review standards apply, the applicant shall also make application and submit all necessary information for design review approval. (c) An application shall be signed by the owner of the oversize load to be moved or by the person engaged to move the building. 6 EXHIBIT A for collection by a permittee, belongs to the 1986; Ord. 78-64 §4, 1978). permittee. 11.04.050 Franchise--Term-- G. No person shall deposit material Automatic renewal when. in or remove material from any drop box or container supplied by a franchisee without A. The rights, privileges and initial- permission of franchisee. franchise granted herein shall continue and be in full force to and including the thirty-first day of H. No person shall take or remove December, 1988, subject to terms, conditions and any solid waste placed out for collection by a payment of franchise fees to the city as set forth in franchisee or permittee under this chapter. this chapter. I. Notwithstanding other provisions B. Unless the council acts to of this section, if the council finds that on-route terminate further renewals of the franchises herein recycling is technologically and economically granted: each January 1st, the franchises are feasible and directs that it be instituted: automatically renewed for a term of ten years from the January 1st renewal; on January 1, 1993, 1. Franchisees shall be the franchises are automatically renewed for term given advance notice of a hearing on the subject of nine years; on January 1, 1994, the franchises and an opportunity to be heard; are automatically renewed for a term of eight years; and, on January 1, 1995, and on each 2. If, after the hearing and January 1st thereafter, the franchises are on the basis of written findings, the council directs automatically renewed for a term of seven years the service be provided, the franchisees shall be from the January 1st renewal. (Ord. 92-36 §1, given a reasonable opportunity to provide the 1992; Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78- service or subcontract with other persons to 64 §5, 1978). provide it; 11.04.060 Franchise--Fees. 3. If franchisees do not provide the service within the specified reasonable A. F4eti*@ 31r', sAs time, the council may issue a franchise or compensation for the franchise granted to each franchises for that service and limited to on-route franchisee and for the use of city streets,the recycling. A franchisee under this subdivision I franchisee shall pay to the city a fee shall comply with all applicable requirements of per-ee„*Of gFOSS eaS tS F _.'tiag 4 0i, the r------- -- a-___ - -fir-- - --a - this chapter. S0141.„Ste SeP,46eS 6014diieted, fide..the 4.,*6hiS„ the amount of which is contained in the Master 4. Nothing in this subsection Fee Resolution in effect at the time the franchise shall prevent the franchisees from instituting on- agreement is adopted. Such fees shall be route recycling prior to a council determination computed on a quarterly basis and paid within nor from including income and expense in the rate thirty days following the end of each quarter justification section. calendar year period. Each franchisee shall maintain an adequate bookkeeping system 5. Section 11.04.070(10) showing the gross cash receipts resulting from the requires franchisees to provide the opportunity to solid waste services conducted under the recycle, to include on-route recycling, in franchise. Records shall be open at all times for accordance with applicable law. This subsection audit by authorized personnel designated by the is intended to provide a process by which the council may create on-route recycling requirements in addition to those found in other applicable law. (Ord. 99-18; Ord. 99-03; Ord. 91- 36 §1 Exh. A(part), 1991: Ord. 86-66 §§1, 2, 7 EXHIBIT A Chapter 11.08 BURGLARY AND structure or facility. ROBBERY ALARM SYSTEMS (b) "Alarm system" means any Sections: assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal 11.08.010 Purpose and scope. entry or other activity requiring urgent attention 11.08.020 Definitions. and to which police are expected to respond. 11.08.030 Alarm user permits required. 11.08.050 Senior citizens' exemption. (c) "Alarm user" means the person, 11.08.060 Charge for failure to obtain or firm, partnership, association, corporation, renew permit. company or organization of any kind in control of 11.08.080 Exemption for governmental any building, structure or facility in which an political unit. alarm system is maintained. 11.08.090 Emergency notification resources person. (d) "Automatic dialing device" means 11.08.100 User instructions. a device which is connected to a telephone line 11.08.110 Automatic dialing device-- and is programmed to select a predetermined Certain interconnections telephone number and transmit by voice message prohibited. or code signal an emergency message indicating a 11.08.121 Response to alarms. need for emergency response. 11.08.123 Excessive false alarms and fee assessment. (e) "Burglary alarm system" means 11.08.124 No response to excessive an alarm system signaling an entry or attempted alarms. entry into the area protected by the system, 11.08.125 Appeal of false alarm. inclusive of silent and audible alarm systems. 11.08.130 Confidentiality--Statistics. 11.08.140 Allocation of revenues. (f) "Coordinator" means the 11.08.150 Enforcement and penalties. individual designated by the chief of police to manage and enforce the provisions of this chapter. 11.08.010 Purpose and scope. (g) "Dispatch center" is the city (a) The purpose of this chapter is to facility used to receive emergency and general protect the emergency services of the city from information from the public. misuse. (h) "False alarm" means an alarm (b) This chapter governs burglary and signal eliciting a response by police when a robbery alarm systems, requires permits, situation requiring a response by the police does establishes fees, provides for revocation of not in fact exist. It does not include an alarm permits, and provides for punishment of signal caused by violent conditions or nature or violations. (Ord. 82-32 §2, 1982). other extraordinary circumstances not reasonably subject to control by the alarm business operator 11.08.020 Definitions. or alarm user. (a) "Alarm business" means the (i) "Governmental political unit" business by any individual, partnership, means any tax-supported public agency. corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, "Interconnect" means to connect replacing, moving or installing any alarm system an alarm system including an automatic dialing or causing to be sold, leased, maintained, device to a telephone line, either directly or serviced, repaired, altered, replaced, moved or through a mechanical device that utilizes a installed any alarm system in or on any building, telephone, for the purpose of using the telephone 8 EXHIBIT A line to transmit a message upon the activation of charged in addition to the fee provided in Section the alarm system. 11.08.030 to a user who fails to obtain a permit within sixty days after the effective date of the (k) "Primary trunk line" means a ordinance codified in this chapter or who is more telephone line serving the dispatch center that is than sixty days delinquent in renewing a permit. designated to receive emergency calls. The fee shall be set by resolution of the City Council. (Ord. 82-32 §4 (d), 1982). (1) "Robbery alarm system" means an alarm system signaling a robbery or 11.08.080 Exemption for attempted robbery. (Ord. 87-73 §2, 1987; Ord. 82- governmental political 32 §3, 1982). unit. 11.08.030 Alarm user permits required. An alarm user which is a governmental political unit shall be subject to this chapter but a Every alarm user shall obtain an alarm permit shall be issued without payment of the fee user permit for each system from the alarm and shall not be subject to revocation or payment coordinator from the effective date of the of additional fees or the imposition of any penalty ordinance codified in this chapter or prior to use provided herein. (Ord. 82-32 §4(0, 1982). of an alarm system. Users of systems having both robbery and burglary alarm capabilities shall 11.08.090 Emergency obtain separate permits for each function. Application for a burglary ^r obben ^k^ 4 notification resources person. The alarm permittee shall provide the police department with a current updated robbery, or combination emergency notification resources person at all burglary-robbery alarm user's permit and a fee times. (Ord 82-32 §4(g) 1982). shall be filed with the alarm coordinator each 11.08.100 User instructions. year. The fee shall be set by resolution of the City Council. Each permit shall bear the signature of (a) Every alarm business selling, the chief of police, and be for a one-year period. leasing or furnishing to any user an alarm system The permit shall be kept physically upon the which is installed on premises located in the city premises using the alarm system, and shall be shall furnish the user with instructions that available for inspection by the chief of police or provide information to enable the user to operate his representative. (Ord. 82-32 §4(a), 1982). the alarm system properly and to obtain service for the alarm system at any time. 11.08.050 Senior citizens' exemption. (b) Standard form instructions shall If a residential alarm user is over the age be submitted by every alarm business to the chief of sixty and/or is physically handicapped and is of police within sixty days after the effective date the primary resident of the residence and if no of the ordinance codified in this chapter. If he business is conducted in the residence, a user's finds such instructions to be incomplete, unclear permit may be obtained from the alarm or inadequate, he may require the alarm business coordinator's office according to Section to revise the instructions to comply with 11.08.030 without the payment of a fee. (Ord. 82- subsection (a) of this section and then to distribute 32 §4(c), 1982). the revised instructions to its alarm users. (Ord. 82-32 §5, 1982). 11.08.060 r Fee for failure 11.08.110 Automatic dialing to obtain or renew permit. device--Certain interconnections A fee will be prohibited. 9 EXHIBIT A 11.08.123 Excessive false alarms (a) It is unlawful for any person to and fee assessment. program an automatic dialing device to select a primary trunk line or any 911 prefix requiring a (a) If any alarm system produces four police response; and it is unlawful for an alarm false alarms in any calendar year, the chief of user to fail to disconnect or reprogram an police shall provide by certified mail written automatic dialing device which is programmed to notice of the fact asking the alarm user to take select a primary trunk line within twelve hours of corrective action in regard to false alarms and receipt of written notice from the Tigard city informing the alarm user of the false alarm fee police department that it is so programmed. schedule pr- ded 4@F4R-,. The fees shall be set (b) Within sixty days after the by resolution of the City Council. effective date of the ordinance codified in this (b) Alarm users installing a new chapter, all existing automatic dialing devices system or making substantial modifications to an programmed to select a primary trunk line shall he existing system shall be entitled to a grace period reprogrammed or disconnected. during which alarms generated by such system shall be deemed nonfalse alarms. The grace (c) It is unlawful for any person to period shall cease thirty days after installation of program an automatic dialing device to select any or modification to an alarm system. telephone line assigned to the city; and it is unlawful for an alarm user to fail to disconnect or (c) Upon any alarm system reprogram such device within twelve hours of producing the fifth and sixth false alarm in a receipt of written notice from the Tigard police calendar year, a fee per false alarm department that an automatic dialing device is so shall be charged to the alarm user. programmed. (Ord. 82-32 §6, 1982). =ems sshe� sl�a�l�� se ��e-ash—«tel alp Subsequent false alarms shall be assessed 11.08.121 Response to alarms. an increasing fee that shall be set by resolution of the City Council. (a) Whenever an alarm is activated in the city thereby requiring an emergency response H) SeN'efA4 RM eig4t4 false to the location by the police department and the department does respond, the police personnel on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in 4—a—eale wear afee 0€ A-4-4-p-a 11-4;^�e� 44y fact required as indicated by the alarm system or dalla pe-false, -akaH44i.e assessed whether the alarm signal was a false alarm. All fees assessed must be paid to the city (b) If the police department personnel finance division or a written appeal must be at the scene of the activated alarm system submitted to the chief of police within ten determine the alarm to be false, said personnel working days of fee assessment. (Ord. 87-73 shall make a report of the false alarm. §3(Exhibit A(part)), 1987). (c) The chief of police or his 11.08.124 No response to designee shall have the right to inspect any alarm excessive alarms. system on the premises to which response has been made, and he may cause an inspection of (a) After the second false alarm he such system to be made at any reasonable time coordinator shall send a notification to the alarm thereafter.(Ord. 87-73 §3(Exhibit A(part)), 1987). user by regular mail which will contain the following information: 10 EXHIBIT A fee may appeal to the chief of police by giving (1) That the second false written notice and posting a bond equal to the alarm has occurred, amount of the fee, if applicable, within three working days of the invoice assessing such fee. (2) That if two more false Upon receipt of the appeal notice and bond, if alarms occur within the permit year police officers applicable, a time certain shall be set for a will not respond to any subsequent alarms without hearing. the reinstatement of the alarm user by the chief of police; (b) The appellant shall be given reasonable notice of such hearing, failure of the (3) That the reinstatement of appellant to appear at such hearing shall, if the alarm user can only be obtained by the alarm applicable, result in forfeiture of the appeal bond, user furnishing written proof of efforts taken to and application of said bond toward the false correct the false alarms, a finding by the chief that alarm fee assessed by the city. a reasonable effort has been made to correct the false alarms, and payment of all fines assessed by (c) The chief of police or his the city for false alarms; designee shall serve as hearings officer. The burden of proof shall be upon the appellant to (4) That the alarm user may show by a preponderance of the evidence that the appeal the validity of a false alarm determination alarm signal in question was not a false alarm as to the chief of police by giving written notice and defined in Section 11.08.020(h). posting a bond equal to the amount of the fee, if applicable, within ten days, according to Section (d) After receipt of all relevant 11.08.125. evidence, the hearings officer shall, within three working days, render a decision. If the hearings (b) After the fourth false alarm within officer determines that the appellant has met the the permit year there will be no police response to burden of proof, then the hearings officer shall subsequent alarms without reinstatement approval order the appeal bond released to the appellant of the alarm user by the chief. The coordinator and rescind the false alarm determination. If the shall send a notice of suspension of police hearings officer determines that the appellant has response to: not met the burden of proof, then the hearings officer shall order the appeal bond be forfeited (1) The dispatch center; and applied toward the alarm fee as assessed by the city and enter such alarm as a false alarm. (2) The chief of police; and (e) All decisions made pursuant to this section are final. (Ord. 87-73 §3(Exhibit (3) The alarm user by A(part)), 1987). certified mail. 11.08.130 Confidentiality--Statistics. (c) The suspension of police response to an alarm shall begin ten days after the date of (a) All information submitted in delivery of the notice of suspension of police compliance with this chapter shall be held in the response to the alarm user unless a written request strictest confidence and shall be deemed a public for hearing has been made as required in Section record exempt from disclosure pursuant to state 11.08.125. (Ord 93-13 §1, 1993). statute; and any violation of confidentiality shall be deemed a violation of this chapter. The police 11.08.125 Appeal of false alarm. department shall be charged with the sole responsibility for the maintenance of all records of (a) Any alarm user who has been any kind whatsoever under this chapter. notified of a false alarm or assessed a false alarm 11 EXHIBIT A 11.08.140 Allocation of revenues. All fees, fines and forfeitures of bail collected pursuant to this chapter shall be general fund revenue of the city of Tigard. (Ord 82-32 §9, 1982). 11.08.150 Enforcement and penalties. (a) Violation of this chapter shall be punished upon conviction by a fine of not more than five hundred dollars. (b) The failure or omission to comply with any section of this chapter shall be deemed a violation and may be so prosecuted, subject to the penalty provided in subsection (a) of this section. (Ord 82-32 §10, 1982). ■ 12