False medical alarms unduly burden the Wheeling Fire Departments limited resources. An Ordinance was established to set guidelines for medical alarm users. The purpose of the Ordinance is to establish reasonable expectations of medical alarm users and to ensure that those users are held responsible for their use of the medical alarm systems.
In accordance with the Ordinance, the Council of the City of Wheeling approved Policies and Procedures for the administration and enforcement of this Section which is on file with the following departments: Fire, Municipal Court, City Clerk and Legal. A fee schedule for false medical alarms is also established as follows:
(a) False Medical Alarms. It is hereby found and determined that a false medical alarm is one that the alarm does not identify the origin as to where the alarm originated and there is no one available to explain the cause for alarm. This constitutes a public nuisance and shall be unlawful. Civil penalties for false medical alarms within a calendar year may be assessed against an alarm user as follows:
First false alarm | Free/Warning |
Second false alarm | $ 50.00 |
Third and fourth false alarm | $100.00 |
Fifth and sixth false alarm | $200.00 |
Seventh and eighth false alarm | $300.00 |
Ninth and over false alarm | $400.00 |
(b) Civil Penalty(ies). Violations may be enforced in the Municipal Court through the assessment of civil penalty(ies) per violation.
(c) Payment of Civil Penalty(ies). Civil penalty(ies) shall be paid within thirty (30) days from the date of the invoice or a citation and/or warrant to appear in Municipal Court shall issue.
(d) Discontinuance of Medical Response. The failure of an alarm user to make payment of any civil penalty(ies) assessed under this section within thirty (30) days from the date of the invoice may result in discontinuance of medical response to alarm signals that may occur at the premises until payment is received or if the Wheeling Fire Department responds to nine or more false alarms in a calendar year and the City declares the alarm to be a nuisance.
(e) Civil Non-Criminal Violation. A violation of any of the provisions of this section shall be a civil violation and shall not constitute a misdemeanor or infraction.
(f) Penalties may be separately assessed pursuant to other applicable code sections including, but not limited to, Section 501.10 entitled Falsely Reporting an Emergency Incident.
(g) Civil Non-criminal violation. A violation of any of the provisions of this ordinance shall be a civil violation and shall not constitute a misdemeanor or infraction. (Ord. 15342. Passed 11-19-19.)