Chapter 9.70 — COST RECOVERY FOR DISTURBANCE ABATEMENT

The city council finds that large or noisy parties, gatherings or events on private party, ongoing or chronic disruptive disputes or activities on public or private property, constitute a nuisance and that such continued loud, unnecessary or disruptive noise may, on occasion, disturb the peace and quiet of any residential neighborhood, thereby requiring law enforcement services over and above those normally provided. The city council further finds that it is in the best interests of the public peace, health, safety, or general welfare of the city, as well as in fairness to its citizens, that the city require those persons utilizing or requiring law enforcement services beyond those provided to the public at large to defray the city's expense for providing the same.

(Ord. No. 629, § 1, 11-16-2010)

As used in this chapter, the following terms are defined as:

(1)

"Large party, gathering or event" means a group of persons who have assembled or are assembling for a social occasion or for any activity on private residential, industrial, institutional or commercial property, including but not limited to, single family or multi-family residential dwelling units, motels, hotels, other rental housing units, saloons, bars, nightclubs, card clubs, pool halls, restaurants, fast food eating establishments, theaters, social clubs, social halls, religious facilities, auditoriums or amphitheaters.

(2)

"Disturbance call" means a citizen call for police assistance where there is unlawful conduct; conduct creating any disturbing or loud noise or sound; any conduct which disrupts the peace and quiet of a neighborhood; or any conduct that interferes with the quiet enjoyment of the neighboring properties by persons lawfully thereon.

(3)

"Police services fee" may mean either a flat fee as specified in Section 9.07.040, or a fully itemized fee based upon the cost of all police personnel, facilities and/or equipment reasonably attributed to official police activities in response to a disturbance call and including storage costs for any impounded evidence. Such services will include the salaries of the police officers, or other public safety personnel for the amount of time actually spent responding to or remaining at the party, gathering, disturbance or event, the actual costs of any medical treatment to injured officers, or other public safety personnel and the cost of repairing any damaged city equipment or property.

(4)

"Person responsible for the event" shall mean the person who owns the property where the party, gathering, disturbance or event takes place; the person in charge of the premises and/or the person who organized the event or caused the disturbance. If the person responsible for the event is a minor, then the parents or guardians of that minor shall be jointly and severally liable for the costs incurred for police services.

(5)

"Police response" means any police actions reasonably necessary to control the threat to the public peace, health, safety or general welfare of the community. This may include quelling any disturbances, terminating the gathering, arresting and/or citing law violators, directing traffic, citing illegally parked vehicles or otherwise responding to the situation to restore order and calm to the community.

(6)

"Special security assignment" means the assignment of police officers, services and equipment during a second or subsequent response to location, party, gathering or event after the distribution of a written notice to the person responsible that a fee may be imposed for costs incurred by the city for any subsequent police response to disturbances at that location.

(Ord. No. 629, § 1, 11-16-2010)

(a)

When any police officer responds to any large party, gathering or event and that police officer determines that there is a threat to the public health, safety, or general welfare, the police officer shall issue a written notice to the person responsible for the event. That notice shall state that a subsequent response to that same location or address within a thirty-day period shall be deemed a special security assignment

rendered to provide security and order on behalf of the party, gathering or event and that the person responsible may be liable for a police services fee as defined in this chapter.

(b)

If no "person responsible" is available on the premises when the police are present or the person responsible refuses to sign a receipt of notice, a copy of the notice shall be posted in a conspicuous place on the premises on each occasion that the police are required to respond within a thirty-day period.

(Ord. No. 629, § 1, 11-16-2010)

(a)

If after a written notice issued to the person responsible pursuant to Section 9.70.030, a subsequent police response or responses are necessary to the same location or address within a thirty-day period, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter.

(b)

The police services fee may be a flat fee, as specified in the schedule below, or a fully itemized fee based on, but not limited to, an itemization of all personnel and equipment costs expended during the second and any subsequent return call to the location of the nuisance disturbance calls. In addition, such costs may include damages to city property and/or injuries to city personnel. The determination of the type and amount of the police services fee to be levied shall be determined solely by the city administrator.

SCHEDULE OF FLAT FEES TO BE LEVIED

(1)

A second police response within a thirty-day period to the location of the nuisance disturbance may result in a police services fee of $250.00.

(2)

A third police response within a thirty-day period to the location of the nuisance disturbance calls may result in a police services fee of $500.00.

(3)

A fourth police response within a thirty-day period to the location of the nuisance disturbance calls may result in a police services fee of $750.00.

(4)

A fifth and any subsequent police response within a thirty-day period to the location of the nuisance disturbance calls may result in a police services fee of $1000.00 for each police response.

(c)

All fees and charges levied for city services described in Section 9.70.030 shall be due and payable upon presentation.

(d)

All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the person responsible to whom such services are rendered, and an immediate cause of action shall accrue to the city for collection of all costs for services, including reasonable attorney's fees and costs incurred in any court of competent jurisdiction.

(Ord. No. 629, § 1, 11-16-2010)

Collection pursuant to this chapter is not intended to be the exclusive remedy, criminal or civil, available to the city relating to the circumstances which gave rise to the need for police response under this chapter.

(Ord. No. 629, § 1, 11-16-2010)

The city administrator shall notify the city finance director, in writing, of the necessity of a nuisance response by law enforcement, the name and address of the responsible person(s), the date and time of the incident, the services performed, the costs thereof and such other information as may be required. The city finance director shall thereafter cause appropriate billings to be made to the person responsible for the event.

(Ord. No. 629, § 1, 11-16-2010)

(a)

The billing invoice shall notify the person responsible that a hearing to present any evidence or argument challenging the invoiced amount or liability for any amount shall be available if a written request for such a hearing is received by the city administrator within ten calendar days of the date that the invoice is mailed.

(b)

If a written request for such a hearing is received by the city administrator within ten calendar days of the date that the invoice is mailed, the city administrator or his or her designee (who shall not have been involved in the underlying incident) shall conduct a hearing within thirty calendar days after receipt of the written request, at a date set by the city administrator. Written notice shall be mailed to the requestor at least ten calendar days in advance of the hearing. The decision of the city administrator or his or her designee shall be final.

(Ord. No. 629, § 1, 11-16-2010)