[HISTORY: Adopted by the Town Council of
the Town of Mansfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-27-1995, effective 4-22-1995; amended in its
entirety 6-22-2009, effective 7-22-2009]
This article shall be known and may be cited as the "Town of Mansfield Fees for Special Public Safety Services Ordinance." This article is authorized by C.G.S. § 7-148(b)(2) and (c)(7)(E), (H)(viii) and (xiii), (10), C.G.S. § 7-152c, C.G.S. § 47a-7(b), and by § C103 of the Mansfield Town Charter.
A.
It is the
purpose of this article to recover the Town's costs for fire or emergency
medical services or local or state police services resulting from
continued or subsequent responses to the scene of an event by public
safety services personnel when a ranking responding officer determines,
based on the totality of the circumstances, that continued activity
at any such event constitutes a “disturbance” as defined
herein, “nuisance” as defined in C.G.S. § 47a-32,
“serious nuisance” as defined in C.G.S. § 47a-15,
or a threat to the health, safety or general welfare of the public,
including any situation in which any such officer or officers are
present at a location where such activity is ongoing, determines that
the departure or absence of police, fire service or emergency medical
services from the site is a risk to health or safety or constitutes
or will result in a disturbance, nuisance, or serious nuisance, and
warns the event organizer or property owner or his/her agent that
the event must be controlled or ended and the participants dispersed
within a reasonable time.
B.
Having to
remain at any such event to protect health and safety or the general
public welfare, or making a return visit to an event to disperse participants
or to try to control other event-related activity after any responsible
person has been reasonably warned to control, end or disperse participants
in the event is an unnecessary drain on public safety personnel and
resources, often leaving other areas of the Town without adequate
levels of police, fire or emergency medical services protection. The
costs resulting from any such continued or subsequent response by
public safety personnel to an event at which there is a nuisance,
serious nuisance or disturbance as defined herein taking place should
be paid by the responsible person(s) rather than by the taxpayers
of the Town of Mansfield. Enforcement of this article shall neither
require nor preclude the enforcement of any criminal law or any other
civil law.
For the purpose of this article, the following
definitions shall apply:
Police, fire or emergency services personnel having to stay
at an event or return to said event to try to discontinue, prevent
or contain a disturbance, nuisance or serious nuisance, ensure the
health or safety of participants or bystanders, or to protect the
general public welfare, after reasonable written warning to end, disperse
or otherwise control the event has been given by a police officer
without a reasonably effective response shall be considered a continued
or subsequent response for the purposes of this article. Costs of
continued or subsequent responses include the reasonable costs for
public safety personnel, vehicles and other associated expenses incurred
by the Town of Mansfield for the time actually spent in necessarily
returning to or remaining at any such event, plus the actual cost
of any medical treatment to injured Town or state employees, or emergency
service personnel and the cost of repairing or replacing any damaged
Town equipment or property as the result of such special public safety
services.
Activity at an event which reasonably appears to a responding
officer of the Town of Mansfield to constitute a nuisance or serious
nuisance, is a danger or threat to health, safety, or the general
welfare, or unreasonably causes significant annoyance or discomfort
to persons not involved in the event.
Includes a gathering where a group of persons has assembled
or is assembling for a social occasion, party, or social activity
whose primary purpose and function is not religious, educational,
or political in nature.
As defined in C.G.S. § 47a-32, "nuisance" shall
be taken to include, but shall not be limited to, any conduct which
interferes substantially with the comfort or safety of other tenants
or occupants of the same or adjacent buildings or structures.
The person or persons who own the property where the event
takes place or any apparent organizer of the event. If the responsible
person is a minor, then the minor's parents will also be responsible
parties. Any liability under this article shall be joint and several.
As defined in C.G.S. § 47a-15, "serious nuisance"
means, but shall not be limited to, substantial and willful destruction
of part of the dwelling unit or premises, or conduct which presents
an immediate and serious danger to the safety of other tenants or
the landlord.
A.
During a first response to an event, if the ranking
responding police officer determines, in the police officer's sole
discretion, that, based on the totality of the circumstances, the
event presents a threat to health, safety or the general public welfare,
or constitutes an ongoing disturbance, nuisance or serious nuisance,
the ranking responding officer may, among other things, deliver to
any person whom the officer reasonably determines to be a responsible
person or to his or her agent a "Notice of Violation and Written Warning:
First Response" which shall contain a message substantially as follows:
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"This Notice of Violation and Written Warning is given to you as a result of a first response by the Town of Mansfield to a dangerous situation, disturbance, nuisance or serious nuisance during an event organized by you or on your property. Pursuant to Chapter 70, Article I, of the Code of the Town of Mansfield, you may be charged to pay for all personnel and equipment and other costs incurred as a result of any continued or subsequent response by public safety personnel to this location, if you are warned to end, disperse or otherwise reasonably control the event within a reasonable time and fail to reasonably comply."
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B.
The notice may also contain such other information
deemed necessary by the ranking police officer at the scene of an
event at which the officer determines that public safety personnel
may remain or return to address a disturbance, nuisance or serious
nuisance, or to protect any person from injury; for example, an order
to the responsible person to end, disperse or otherwise control the
event, in order to accomplish the purposes of this article.
If a continued or subsequent response has occurred
and the ranking officer has reasonably determined that said response
is the result of a disturbance that has happened or continued after
notice and written warning have been given, or if a property owner
or event organizer or his or her agent has been warned to end, disperse
or otherwise control an event and it is later determined by the Town
Manager, based on the totality of the circumstances, including but
not limited to past experience with the same property and owner or
event organizer, any security plan that has been created and/or implemented
by said responsible person(s), the degree of difficulty facing said
person(s) to end, disperse or control said event, the extent of fault
that may be reasonably attributed to him, her or them for any failure
to end, disperse or control the event, and the propriety of the determination
made by the officer to refer the matter to the Town Manager for determination
that any such person has in fact failed to reasonably end, disperse
or control the event, then a citation and bill for the costs incurred
by the Town for its continued or subsequent response reasonably resulting
from any such failure by such owner or organizer shall be prepared
by the Town Manager or his agent or delegate or police officer and
delivered to the responsible person by a Town of Mansfield or state
police officer designated by the municipality.
The Director of Finance is authorized to enforce any such citation and collect such bill and reasonable costs of collection, including attorney’s fees, by resort to the provisions of the Hearing Procedure for Citations Ordinance, set forth in §§ 129-1 through 129-10, inclusive, of the Town of Mansfield Code of Ordinances.
Any person fined or assessed penalties, costs or fees pursuant to this article may appeal any such fine or assessment pursuant to the provisions of Chapter 129, Hearing Procedure for Citations.
Should any court of competent jurisdiction declare any section
or clause or provision of this article to be unconstitutional, such
decision shall affect only such section, clause or provision so declared
unconstitutional and shall not affect any other section, clause or
provision of this article.
