Chapter 9.43 — FEES FOR SECOND OR SUBSEQUENT RESPONSE TO PROVIDE POLICE SERVICES AT…

The words and phrases used in this section are defined as follows:

A.

"Party, gathering or event" means any assemblage of three or more persons upon private or public property, a purpose of which is social or recreational in nature.

B.

"Police services" means the personnel, equipment, transportation, booking and other facilities or services required in the discretion of the police supervisor on duty to be utilized as a result of any second or subsequent response by police to a party, gathering or event. This section shall not apply to services required to protect or preserve the right of any person under the First Amendment to the United States Constitution to engage in expressive activity in a manner consistent with applicable law nor to services in response to any felony committed at the scene of such party, gathering or event or by a person in attendance at that location, except that any costs attributable solely to dispersing attendees and terminating the party, gathering or event may be chargeable as police services notwithstanding that a response to the location of the event is also required for a felony investigation.

C.

"Cost of police services" means:

The salaries and benefits paid to or on behalf of the responding police officers for the time actually spent responding to or remaining at the scene of a second or subsequent response to a party, gathering or event as defined herein, at the rate established for such services in the general fee resolution of the city;

The cost of any medical treatment to any police officer or public employee then delivering police services as defined herein and the reasonable cost of repairs to any public property or equipment damaged by the actions of persons in attendance at a party, gathering or event at which police services were required;

The actual cost of booking, medical attention to any detainee or transportation required for the safe transport of detainees to an appropriate booking or holding facility.

C.

"Person responsible" means the person in charge of the premises upon which a party, gathering or event as defined herein took place, or, in the absence of a person in charge, the person or entity in legal possession as owner or lessee of the premises upon which the party, gathering or event took place.

(Ord. 6604 § 1 (part), 1994)

charge.

Whenever a party, gathering or event occurs, whether or not a permit has been issued for that party, gathering or event, and police services are required to be provided more than once at the same location within a twelve-hour period, as a result of requests for such services by attendees, neighbors or others; or when a peace officer determines that there is a threat to the public health, safety or welfare as a result of the conduct of the party, gathering or event such that a second or subsequent response for police services is required, the person or persons responsible for that party, gathering or event shall be liable to the city and shall be billed by the city for the police services which, in the opinion of the police chief, watch commander or watch sergeant on duty, were necessary and proper as a second or subsequent response to the need for police services.

(Ord. 6604 § 1 (part), 1994)

A.

Should a second or subsequent response to provide police services at a party, gathering or event be required more than two times in any calendar year at the same location or building, the police chief shall report the incidents to the city attorney. The city attorney shall mail a notice to the property owner as the owner's name and address are recorded by the county assessor stating in substance that should any response to provide police services, whether for a first or subsequent response, be required as a result of a party, gathering or event on the property designated in the notice, the property owner to whom notice is mailed shall be liable to pay to the city the cost of police services required for any such response. The property owner shall, ten days after mailing of said notice, be liable to the city for the cost of police services on any first or subsequent response occasioned by a party, gathering or event occurring on the subject property.

B.

Any notice provided under this section shall be in force and effect for a period of one (1) year from the date thereof.

(Ord. 6604 § 1 (part), 1994)

A.

The police chief shall notify the director of finance of any sums that may be charged to any person under this section, including the date, location and cost of police services rendered subject to this section. The director of finance shall bill the person responsible for the cost of police services rendered.

B.

If the person responsible for the party, gathering or event is a minor, then the parents or guardians of that minor shall be jointly and severally liable to the city for the cost of police services billed hereunder.

C.

Should the person responsible fail or refuse timely to pay the bill, the director of finance may institute a civil action to collect arrearages as well as the cost of collection.

(Ord. 6604 § 1 (part), 1994)

A.

Any person aggrieved by the decision of the police chief or his designee regarding the costs assessed hereunder may appeal the same by filing an appeal in writing with the city clerk within ten (10) days of the date of the bill in question. The appeal shall clearly indicate the issue being appealed. Appeals shall be limited to questions regarding the computation of the costs of the police services and shall not extend to the wisdom or necessity of providing police services or the scope or extent of the police services provided.

B.

Appeals properly filed shall be resolved within forty-five (45) days of the date of filing by the city manager or his designee, who shall issue a written decision containing the resolution of the matter and the reasons therefor. At the request of the appellant, a conference may be scheduled with the city manager or his designee prior to the rendering of a decision, during which the appellant may present any information relevant to the appeal. The decision of the city manager shall be final and shall conclude the administrative appeal process. Failure of the city manager or his designee to act within the designated time shall be deemed a denial of the appeal.

(Ord. 6604 § 1 (part), 1994)