[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.
For the purpose of this article, the following
definitions shall apply:
COSTS OF SECOND OR SUBSEQUENT RESPONSES
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.
DISTURBANCE
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.
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.
NUISANCE
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.
RESPONSIBLE PERSON
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.
SERIOUS NUISANCE
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.
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.