[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 3-1-2005 by Ord. No. O:2005-07.
Amendments noted where applicable.]
A.
The Town Council of the Town of Phillipsburg finds
and has determined that:
(1)
Certain private properties require a disproportionate
amount of police service in order to maintain order and public peace,
to restrain unlawful conduct thereon and to stop public disturbances
such that there are less police personnel and resources available
for other locations, emergencies, and duties in the Town; and
(2)
Such extraordinary police services at such properties
places a disproportionate and unfair burden upon the citizens and
taxpayers of the Town;
(3)
Owners and/or property managers derive a benefit from
such police services;
(4)
The owners and/or property managers have a responsibility
to manage their properties to minimize required police services to
maintain order and public peace, to restrain unlawful conduct thereon
and to stop public disturbances;
(5)
The owners and/or property managers can minimize required
police services to maintain order and public peace, to restrain unlawful
conduct thereon and to stop public disturbances by diligent and strict
management and regulation of their properties; and
(6)
Assessment of costs as provided in this chapter is
not to discourage or suppress requests for police services, but rather
to encourage and stimulate diligent and strict management and regulation
of private property by its owners and/or property managers.
B.
This chapter is intended to address chronic police
calls arising from public disturbances and nuisances recurring in
the same location, including, but in no way limited to, excessively
loud music or parties, public alcohol consumption, late night noise,
chronic dog barking, etc. This chapter is not intended and shall not
be interpreted to cover police calls related to domestic violence,
child abuse or any other significant form of criminal activity.
[Added 5-17-2005 by Ord. No. O:2005-23]
As used in this chapter, the following terms
shall have the meanings indicated:
Any federal, state, local government, school district, agency
or authority created or organized thereby.
Person or persons or corporations and/or corporate officers
or other entity, and/or its principals, comprising record owner or
owners of any private property.
An amount fixed by Town Council, by resolution, which shall
be the aggregate of the following estimated average with the necessary
police services for each response, equipment and administrative costs
required to maintain peace: compensation of officers (including wage,
workers' compensation insurance, unemployment insurance benefits)
in relation to the average amount of time required for such police
services; reasonable administrative costs allocable thereto; costs
of the use and maintenance of police equipment generally required
in connection with such police services. "Police service costs" shall
include, in addition to the amount fixed by Council, the actual cost
of medical treatment to officers, and/or costs of repairing or replacing
damaged police equipment or property, in connection with a response.
Any land or building, including single and multifamily dwellings
and commercial and industrial buildings not owned by a government
entity.
Person or persons or corporations and/or corporate officers
or other entity, and/or its principals, who have been designated as
the property manager by the owner in a writing signed by the owner
and the designee and/or any person or corporation and/or corporate
officers or other entity, and/or its principals, who is actually responsible
for the management of the property.
Any party gathering, event or disturbance involving disorderly
conduct as described in the Code of the Town of Phillipsburg and/or
any state statute
[Amended 2-2-2021 by Ord. No. O:2021-07]
Every owner and/or property manager within the Town shall pay to the Chief Financial Officer of the Town of Phillipsburg, for deposit into the general fund, police service costs as defined in § 441-2, Police service costs, for each response by the Phillipsburg Police Department to maintain order and public peace and/or to restrain unlawful conduct thereon and/or to stop public disturbances at such private property for each response by the Police Department in excess of three calls in any twelve-month period, each of which results in a summons being issued by the Police Department; provided, however, that police services in connection with crimes against residents and/or property by persons not residing or by persons who are not invited guests or otherwise lawful occupants of the private property shall not be considered "responses" for purposes of this chapter.
[Amended 2-2-2021 by Ord. No. O:2021-07]
A.
The Chief
of Police or other duly authorized agent of the Town shall notify
the owner and/or property manager that a response has been made to
such property to maintain order or public peace or to stop a public
disturbance. Such notice shall be given by regular mail to the last
known address of such owner and/or property manager.
B.
Upon the
issuance of a fourth summons in any twelve-month period, the Chief
of Police or other duly authorized agent of the Town shall notify
the Business Administrator that the conditions precedent for the payment
of police service costs have been satisfied. The notification shall
include a cost of the police service costs as calculated in accordance
with this chapter for the preceding twelve-month period.
C.
Upon receiving
said notification, the Business Administrator shall notify the Council
President and the Town Attorney that the conditions precedent for
the payment of police service costs have been satisfied and the Town
Attorney shall serve notice to the property owner or property manager
that the Town intends to invoice the owner/property manager for police
service costs. The notice shall be sent by certified mail or overnight
delivery and shall advise the owner/property manager that the Town
Council will provide the owner/property manager with an opportunity
to be heard at a regularly scheduled Council meeting.
D.
At the
hearing before the Council, the owner/property manager shall be given
an opportunity to be heard and present defenses as to why the Town
should not invoice for police services. At the conclusion of the hearing,
the Town Council shall, by way of motion clearly articulating its
rationale and finding, vote to either invoice the owner/property manager
or to forego same.
Police service costs due in accordance with § 441-3 hereof shall be billed to the owner and/or property manager by the Chief Financial Officer or his duly authorized agent and shall be due and payable to the Chief Financial Officer within 30 days of such billing.
Unpaid police service costs may be collected
by civil action by the Town against the owner and/or property manager
with responsibility to manage private property and/or may be imposed
or assessed against such private property as a municipal lien. If
collection is required either by civil action or by municipal lien,
a penalty of 10% and interest at the rate of 10% per annum shall be
added and collected as provided by law.
