[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-2003 by Ord. No. 655]
The purpose of this article and the policy of the Borough of
Hellertown shall be to protect and promote the public health, safety
and welfare of its citizens and to attempt to prevent the Hellertown
Borough Police from having to make a second and/or subsequent response
to disorderly parties on private property and to prevent its police
officers from having to make several return trips to a location of
the party, gathering or event in response to complaints to disperse
uncooperative participants. The Borough has found that repeated occurrence
of these events constitutes a drain on the Hellertown Borough Police
personnel and resources which, at times, causes other areas of the
Borough to be left with minimum levels of police protection. The Borough
finds that there is a rational relationship between imposition of
a fine and/or other penalties upon responsible persons who permit
uncooperative participants to threaten the health, safety and general
welfare of the general public and cessation of that activity.
As used in this article, the following terms shall have the
meanings indicated:
A large event shall include, but not be limited to, large
parties or gatherings of five or more persons who have assembled or
are assembling for a special occasion and/or for a social activity.
Police services shall include the salaries of the responding
officers at the salary then in effect for each classification of each
individual officer for the amount of time actually spent in responding
to or remaining at the party, gathering or event, the actual costs
of any medical treatment to an injured officer not covered by insurance
and the cost of repairing any damage to Borough equipment or property
and any other costs that arise out of the Borough of Hellertown performing
its function in dispersing uncooperative participants pursuant to
this article.
A responsible person for the event and/or social gathering
is the individual or individuals who own the property where the party,
gathering or event takes place, the individual in of the premises
and/or the individual who organized the event. If the individual responsible
for the event is a minor, then the parent or guardian of the minor
will be jointly and severally liable for the costs incurred for police
services up to the amount permitted by law.
Services provided by a Borough police officer during a second
and/or further additional call to a location after the distribution
of oral or written warning that the party, gathering or event is in
violation of a Borough ordinance and/or violation of the laws of the
Commonwealth of Pennsylvania.
When a large party, gathering or event, as defined under this
article, occurs on private property and a police officer or officers
at the scene determine that there is a threat to the public peace,
health, safety or general welfare, the person responsible, as defined
under this article, for the event shall be held liable for the costs
of providing police services for the second police response by the
Hellertown Borough Police if the Borough police officer or another
Borough police officer is required to return to the location a second
time after providing an oral or written warning on the initial response
to the scene, to control the threat to the public peace, health, safety
and general welfare. The failure by the responsible person to control
the threat to the public peace, health, safety or general welfare
after receiving an oral or written warning from the police officer
to control the threat to the public peace, health, safety or general
welfare shall be subject to the police service fees, as defined under
this article. Nothing herein shall be construed to prevent the Hellertown
Borough Police on the second and/or return call in arresting and/or
citing the violators of the Borough ordinances and/or the state Crimes
Code.
The police service fees shall include the costs of personnel
and equipment but shall not exceed the cost of $500 for a single incident.
The Borough does not waive its right to seek reimbursement for actual
costs exceeding $500 through any and all other applicable remedies
and/or procedures at the disposal of the Borough of Hellertown. The
amount of such police service fees d against the responsible person
shall be deemed a debt to the Borough, and the debtor shall be the
responsible person or persons receiving said services and, if minors,
their parents or guardians, as permitted by law.
A.
The Borough Chief of Police shall notify the Borough Manager upon
the rendering of such police services of the name, address and telephone
number of the responsible person and/or persons, the date and time
of the incident and the services performed and costs thereof, and
such other information as deemed required to indicate to the Borough
the costs of the police services. The Borough Manager shall take the
appropriate steps to cause the appropriate billings to be prepared
and submitted to the responsible person or persons.
B.
The responsible person or persons shall have 30 days to remit payment
to the Borough of Hellertown. In the event that payment is not received
by the Borough of Hellertown within this time frame, the Borough Solicitor
may commence an action for appropriate relief at the Magisterial District
Judge or other court of competent jurisdiction to seek payment of
police service fees. In addition to paying the police service fee,
the responsible person shall also be liable for costs of suit and
reasonable attorneys' fees incurred by the Borough in the proceedings
to collect the police service fees.
A.
Nothing in this article shall be construed as affecting the ability
of the Borough to initiate and/or continue concurrent or subsequent
criminal prosecutions for any violation of the provision of this article,
any other Borough ordinance or any state law arising out of the same
circumstances necessitating the application of this article. Any person
who shall violate the provisions of this article in addition to the
police service fee shall be subject, upon conviction before the Magisterial
District Judge in and for the Borough, to pay a fine of not less than
$100 per violation.
B.
A separate offense shall be deemed committed for each day in which
a violation of this article occurs. Persons violating this article
shall be liable for any fines imposed, plus court costs and reasonable
attorneys' fees incurred by the Borough in the proceedings to enforce
the provisions of this article.
