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Home My WebLink AboutOrdinance 6668Tie My'f � ARCHIVED 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6668 File Number: 2023-746 AMENDMENT - §130.23 (FALSE ALARM REDUCTION): AN ORDINANCE TO AMEND §130.23 FALSE ALARM REDUCTION OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLARIFY CERTAIN PROVISIONS AND REDUCE SOME FEES FOR SERVICE WHEREAS, on November 20, 2007, the City Council enacted the False Alarm Reduction code section in an attempt to reduce the number of false alarms that our police department responds to; and WHEREAS, the False Alarm Reduction code section has succeeded in reducing the number of false alarms for police response by about 50%; and WHEREAS, the City of Fayetteville was sued (as was Hot Springs and Little Rock) by a law firm which sought class action status, for an injunction against the False Alarm Reduction code section and significant damages and attorney's fees; and WHEREAS, Hot Springs settled and paid many thousands of dollars for damages and attorney's fees; and WHEREAS, the City of Fayetteville refused to settle and defended our successful False Alarm Reduction code section and prevailed with our Summary Judgment Motion such that the Washington County Circuit Court dismissed plaintiff's Complaint and claims with prejudice; and WHEREAS, there are some minor changes that would make the False Alarm Reduction code section even simpler, clearer and fairer which the Fayetteville Police Department and City Attorney's Office recommend to the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §130.23 False Alarm Reduction (A) Definitions by repealing the definition of Alarm Administrator and enacting the following definition: "Alarm Administrator means an employee of the Fayetteville Police Department appointed or designated by the Chief of Police to administrator, control and review false alarm reduction efforts and administer the provision of this section." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §130.23 (c) Permit Required; Application, Transferability; False Statements by repealing subsections (2) and (9) and appropriately renumbering the remaining subsections. Page 1 Ordinance: 6668 File Number 2023-746 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 130.23 (F) Fees for Services (1) by reducing the fee for service amounts as follows: "Number of False Alarms Fee for Service 1. No Fee 2. No Fee 3. $50.00 4. $75.00 5. $100.00 6. $125.00 7 or more $150.00" Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends § 130.23 (F)(2) by repealing the second sentence and enacting a new second sentence as follows: "The $250.00 fee for operating an alarm system without proper registration shall be waived if the operator submits to the Police Department a proper and complete application for the alarm permit within ten (10) business days after notification for such violation." Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §130.23 (G) and reletters the remaining subsections. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends §130.23 (J) Appeals) (3)(a) by removing the cost of an appeal by deleting the following phrase: "paying an appeal fee of $25.00, and" as well as repealing the last sentence. Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §130.23 (J)(3)(b) by repealing it and enacting the following: "(b) The False Alarm Appeals Panel shall be comprised of three (3) Fayetteville citizens appointed by the Mayor to serve staggered three year terms." Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends § 130.23 (J)(5) by enacting a fifth reason that the False Alarm Appeals Panel may reduce or eliminate any fee for service amount assessed against the owner/operator as follows: "(5)(e) Other good and sufficient reason not to assess a fee for one or more false alarms." PASSED and APPROVED on June 6, 2023 Page 2 Attest: This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $313.12 Form v1 17 • A WEHCO MEDIA COMPANY Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Client: CITY OF FAYETTEVILLE-CLERKS OFFI/ Ad number #: 295929 PO #: Matter of: ORD 6668 RECEIVED IJUN 14 2023 CITYIERK'SOFFIICE AFFIDAVIT • STATE OFARKANSAS • COUNTY OF WASHINGTON I, Carla Gardner, do solemnly swear that I am the Finance Director of the Northwest Arkansas Democrat Gazette, a daily newspaper printed and published in said county, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6668 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $313.12. (Includes $0.00 Affidavit Charge). NW4 Democrat Gazette 06111123; NW4 nwaonline.com 06111123 Finance Director NOTARY PUBLIC CATHERINE STAGGS �.. MY COMMISSION 412402772 �►�� {b - EXPIRES: February 28, 2025 �� Washington County Ordinance: 6668 File Number: 2023-746 AMENDMENT - §130.23 (FALSE ALARM REDUCTION): AN ORDINANCE TO AMEND §130.23 FALSE ALARM REDUC- TION OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLAR- IFY CERTAIN PROVISIONS AND REDUCE SOME FEES FOR SERV- ICE WHEREAS, on November 20, 2007, the City Council enacted the False Alarm Reduction code section in an attempt to reduce the number of false alarms that our police department responds to; and WHEREAS, the False Alarm Reduction code section has succeeded in reducing the num- ber of false alarms for police re- sponse by about 50%; anWHEREAS, the City of Fayet- teville was sued (as was Hot Springs and Little Rock) by a law firm which sought class ac- tion status, for an injunction against the False Alarm Reduc- tion code section and significant damages and attorney's fees; and WHEREAS, Hot Springs set- tled and paid many thousands of dollars for damages and at- torney's fees; and WHEREAS, the City of Fayet- teville refused to settle and de- fended our successful False Alarm Reduction code section and prevailed with our Sum- mary Judgment Motion such that the Washington County Cir- cuit Court dismissed plaintiff's Complaint and claims with prej- udice; and WHEREAS, there are some minor changes that would make the False Alarm Reduction code section even simpler, clearer and fairer which the Fayetteville Police Department and City At- torney's Office recommend to the City Council. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130.23 False Alarm Reduction (A) Definitions by repealing the definition of Alarm Administrator and enacting the following def- inition: "Alarm Administrator means an employee of the Fayetteville Police Department appointed or designated by the Chief of Po- lice to administrator, control and review false alarm reduction ef- forts and administer the provi- sion of this section:" Section 2. That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130,23 (c) Permit Required; Application, Transferability; False Statements by repealing subsections (2) and (9) and ap- propriately renumbering the re- maining subsections. Section 3. That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130.23 (F) Fees for Services (1) by reducing the fee for serv- ice amounts as follows: 'Number of False Alarms Fee for Service 1. No Fee 2. No Fee 3. $50.00 4.$75.00 5. $100.00 6.$125.00 7 or more $150.001, Section 4. That the City Council of the City of Fayet- teville, Arkansas hereby amends §130.23 (F)(2) by repealing the second sentence and enacting a new second sentence as fol- lows: "The $250.00 fee for op- erating an alarm system without proper registration shall be waived if the operator submits to the Police Department a proper and complete application for the alarm permit within ten (10) business days after notifi- cation for such violation," Section 5.That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals §130.23 (G) and reletters the re- maining subsections. Section 6. That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130.23 (J) Appeals) (3)(a) by removing the cost of an appeal by deleting the following phrase: "paying an appeal fee of $25.00, and" as well as repeal- ing the last sentence. Section 7.Thatthe City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130.23 (J)(3)(b) by repealing it and enacting the following: "(b) The False Alarm Appeals Panel shall be comprised of three (3) Fayetteville citizens appointed by the Mayor to serve staggered three year terms." Section 8. That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends §130.23 (J)(5) by enacting a fifth reason that the False Alarm Appeals Panel may reduce or eliminate any fee for service amount assessed against the owner/operator as follows: "(5)(e) Other goad and suffi- cient reason not to assess a fee for one or more false alarms." PASSED and APPROVED on June 6, 2023 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid $313.12 June 11.2023 295929 RECEIVED JUN 14 2023 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE