9.145.030 Misuse of 911 system and affirmative defenses.
It shall be unlawful for any person to misuse the 911 system by making a request for service when no actual emergency situation exists. The following shall be an affirmative defense to any charge made under this chapter:
(1) It shall be an affirmative defense that the person charged has a good faith, reasonable, factual basis for the request.
(2) It shall be an affirmative defense that the person charged had an actual belief that an emergency existed.
(3) It shall be an affirmative defense that a person charged made an unintentional request for service, including accidental dials, misdials, and mechanical activations. This affirmative defense shall only apply to the first two accidental dials, misdials, or mechanical activations made within a 24-month period.
(4) It shall be an affirmative defense that the request was made unintentionally by a child at the location requesting the service. [Ord. 4350, 2017; Code 1970 § 9.65.030.]