[HISTORY: Adopted by the City Council of the City of Franklin 4-4-2011 by Ord. No.
06-11. Amendments noted where applicable.]
[Amended 8-1-2011 by Ord. No. 05-12]
This chapter is adopted in accordance with RSA 47:17, RSA 31:39I(n),
and RSA 644:2, and all other relevant statutory authority. It is hereby
declared a valid public purpose of the City of Franklin that in order
to promote and protect the health and general welfare of the City
of Franklin, its residents and its neighborhoods, a process needs
to be in place to properly and adequately control and manage chronic
and unlawful nuisance and disorderly activities that might occur in
the neighborhoods of the City. It is the public policy of the City
to utilize this chapter to control and manage the disorderly activities
and properties described below, and to appropriately assign financial
liability for enforcement actions to the owners of the property where
such activities occur in repeated fashion. There is an obligation
on the part of the property owners to take all appropriate actions
to reduce or eliminate these types of events from occurring. Ongoing
disorderly events consume time and energies of the Police Department,
thus reducing the amount of time that can be spent on more significant
crimes and community affairs. While fines and enforcement actions
may be necessary, this chapter is not adopted to create a mechanism
to solely impose punitive punishments on the property owners; instead
the goal of this chapter is create a dialogue with property owners
and engage them in a process of eliminating these disorderly activities
to the greatest degree possible.
As used in this chapter the following terms shall have the meanings
outlined below:
Situations created within or in the immediate vicinity of
a building by a building's owner, occupants, or tenants, or the
invitees of an owner, tenant or occupant, which would have a tendency
to unreasonably disturb the community, the neighborhood or an ordinary
individual occupying property in or near the disorderly activity,
including but not limited to loud music; boisterous parties; excessively
loud or unnecessary noises emanating from within or near the building
which are audible outside the building; fights within the building,
or in its vicinity, involving occupants of the building or their invitees;
occupants of the building or their invitees being intoxicated outdoors
in the vicinity of the building; and other similar activities in the
building or in the vicinity of the building.
An activity to which the Police Department responds on the
basis of a complaint and determines to be disorderly. Multiple responses
to a single building that occur within a twelve-hour period may be
deemed a single disorderly event at the discretion of the Police Department.
The Police Department shall be the final arbiter on how events are
classified and counted towards the enforcement procedures in this
chapter. If the disorderly events occur at a multifamily property
(more than two units) and the events are taking place at individual
units on different dates and times, the Police Department, in consultation
with the City Manager, shall determine how these events will be classified
in reference to the notice and fine provisions of § 147-4B
through D below. The type and frequency of the events, and the degree
of threat to public safety, will be factors in how the events are
classified.
[Amended 8-1-2011 by Ord. No. 05-12]
A residence which has been identified and classified by the
Police Chief or a designee as being either the subject of eight or
more police responses for any disorderly events in any twelve-month
period; or the subject of 10 or more police responses for any disorderly
events in any eighteen-month period.
The person or persons having the right of legal title to,
or the beneficial interest in, a building or parcel of land, as their
interest is recorded in the tax records of the City of Franklin. For
the purpose of all notifications and related communications, the term
"owner" shall also be defined as the landlord's agent, as provided
to the City by the owner of the property subject to the provisions
of RSA 540.
Any type of residential unit or building, including but not
limited to a single- or two-family dwelling, a multifamily dwelling
unit, family apartment, boardinghouse, condominium, rooming house
or unit, or leased units in a manufactured housing park (hereinafter
jointly and severally "building"). The term "residence" also includes
any property (yard, driveway or parking area, etc.) associated with
the residence.
The Police Department shall document all responses to complaints
of disorderly activities and classify each complaint as either substantiated
or unsubstantiated.
A.
When the Police Department determines that the first incident at
a property will be subject to the provisions of this chapter, it shall
notify the owner of the property and provide a copy of this chapter.
The owner may voluntarily contact the Police Chief and/or City Manager
to schedule a meeting to discuss the violation; if such a meeting
is scheduled, the owner may, if he or she so chooses, present the
City with a plan to take proactive steps to prevent future events.
[Added 8-1-2011 by Ord. No. 05-12[1]]
B.
Whenever a residence has been visited by the police two times in
any thirty-day period, in relation to incidents involving a disorderly
event, the Police Chief, the City Manager, or any other agent designated
by the City Manager (hereinafter referred to as the "City") shall
send a notice to the owner. The owner shall be provided with a copy
of this chapter and shall be informed that a fine of $100 shall be
imposed for the event. If the owner contacts the Police Chief and/or
the City Manager and schedules a meeting, within 10 calendar days
of the receipt of the notice, to discuss the events, and said owner
satisfactorily outlines a mechanism to prevent future disorderly events,
then the fine may be waived.
C.
Whenever a residence has been visited by the police for a third event
in any sixty-day period, in relation to incidents involving a disorderly
event, the Police Chief, the City Manager, or any other agent designated
by the City Manager (hereinafter referred to as the "city") shall
send a notice to the owner. The owner shall be subject to a fine of
$1,000. If the owner contacts the Police Chief and/or the City Manager
and schedules a meeting, within 10 calendar days of the receipt of
the notice, to discuss the events, and said owner satisfactorily outlines
a plan to prevent future disorderly events, then the fine may be waived.
The plan shall demonstrate that the owner agrees to take effective
and immediate measures to prevent future disorderly events. The implementation
of the plan shall begin within one week of the meeting. The plan shall
be in writing and shall be signed and acknowledged by the City and
the owner. The owner shall submit a report to the Police Chief and
the City Manager, no later than three weeks after the meeting, reporting
the steps taken to prevent future events. If the City determines that
the plan is not being implemented in good faith, then the full fine
of $1,000 shall be reinstated.
[Amended 8-1-2011 by Ord. No. 05-12]
D.
For any fourth disorderly event within any 60 days from the third
event, or for any subsequent event within 180 days from the date of
the first event, the Police Chief, the City Manager, or any other
designated agent shall send a notice to the owner. The owner shall
be subject to a fine of $1,000 for the fourth event and for each subsequent
event. The fine for the fourth event may be reduced or waived by the
City Manager if the owner demonstrates a good-faith effort to prevent
future disorderly events.
[Amended 8-1-2011 by Ord. No. 05-12]
E.
The notices described above shall include a brief narrative outlining
the circumstances of the disorderly events [date, time, and nature
of the event(s)]. The notice shall be delivered to the owner or the
appropriate representative by hand or by first-class mail. Service
of such notice in the foregoing manner upon the owner's agent
or upon the person responsible for the structure shall constitute
service of notice upon the owner.
F.
At the time of any meeting between the owner and the City, the City
may request documentation including but not limited to:
G.
Failure to meet with city officials or enter into such an agreement
at the conclusion of said meeting will be deemed a violation of this
chapter, and the city shall file a complaint in a court of competent
jurisdiction seeking all compensatory and equitable relief permitted
by law.
H.
If a residence that has been the subject of enforcement action under
the provisions outlined above becomes subject to a second round of
enforcement under this chapter, then the city is under no obligation
to meet with the owner but may proceed directly with a complaint to
a court of competent jurisdiction, seeking all compensatory and equitable
relief permitted by law
I.
The provisions of Subsections B through H above notwithstanding, if a specific residence becomes identified as being a habitual disorderly residence by the Chief of Police or a designee, then the City is under no obligation to issue any notices or meet with the property owner. The City may, in these cases, issue a notice of violation and assess fines of $1,000 for each event.
[Amended 8-1-2011 by Ord. No. 05-12]
In addition to any notice or enforcement provision outlined
above, the city may file a legal action against the owner seeking
court costs, response charges, and all damages and remedies to which
it is entitled pursuant to state and local laws. The City of Franklin
also reserves the right to take any other enforcement action allowed
by any other local ordinance or state statute as an alternative to
this Disorderly Residence Ordinance.
