HomeMy WebLinkAboutOrdinance 91- 1327, Misuse of 9-1-1 emergency telephone service
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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
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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.
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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.
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ATTEST:
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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.
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ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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~ BRUCE E. BECKER -
City Attorney
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