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HomeMy WebLinkAboutOrdinance 91- 1327, Misuse of 9-1-1 emergency telephone service .. ~ ORDINANCE NO. 1327 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MAKING IT A MISDEMEANOR CRIMINAL OFFENSE TO MISUSE THE 9-1-1 EMERGENCY TELEPHONE SERVICE AND ESTABLISHING A PENALTY FOR VIOLATION THEREOF. Preamble. In order to provide for the public health, safety and welfare of its citizens, the City of Bozeman provides a 9-1-1 emergency telephone service to expedite access to public and private emergency services and to reduce the response time to emergency events in its jurisdiction. The purpose of this Ordinance is to make it a criminal offense to misuse the 9-1-1 emergency telephone service, which misuse jeopardizes public health, safety and welfare. THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that a misdemeanor criminal offense of misuse of the 9-1-1 emergency telephone service and a penalty for violation thereof is hereby established and enacted into law in this jurisdiction as follows: Section 1. MISUSE OF THE 9-1-1 EMERGENCY TELEPHONE SERVICE. It shall be unlawful for any person to purposely or knowingly misuse the 9-1-1 emergency telephone service by accessing the 9-1-1 telephone service for a purpose other than an emergency. Section 2. Definitions. As used herein the following words are defined as follows: A) "Misuse" means accessing the 9-1-1 telephone number for other than reporting an emergency event. B) "Emergency" is defined by S10-4-101(4) Montana Code Annotated (MCA) as being any event that requires dispatch of a public or private safety agency. C) "Private safety agency" is defined by S10-4-101(10) MCA as being any entity, except a public safety agency, providing emergency fire, ambulance or medical services. D) "Public safety agency" is defined by S10-4-101(12) MCA as being the state and any city, county, city-county consolidated government, municipal corporation, chartered organization, public ------ --------- ... ~ district, or public authority located in whole or in part within this state that provides or has authority to provide emergency services. E) "Emergency services" are defined by SlO-4-101(5) MCA as being services provided by any public or private safety agency, including law enforcement, firefighting, ambulance or medical services, and civil defense services. F) "Knowingly and Purposely" as used herein are defined in S45-2-101(33) and (58) MCA, respectively. . section 3. Penalties. Any person who violates any provision of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6 ) months, or by both such fine and imprisonment. Section 4. Savings Clause. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5. Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 3rd day of June , 1991. -2- 'fI , ATTEST: (2~ 01 ~ Clerk of the Comm1ss10n FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 17th day of June , 1991. ) ATTEST: (2~ 01 ~ Clerk of the Commission APPROVED AS TO FORM: ~~ ~ BRUCE E. BECKER - City Attorney ( . c . -3-