[Adopted 4-3-2000 by Ord.
No. 697, approved 4-3-2000]
The Borough Council of Darby finds and determines that:
A.
Certain private properties require a disproportionate amount of police
service with many calls requiring response to maintain order and public
peace and to stop public disturbances so that there is less police
personnel and resources available for other locations, emergencies
and duties in the Borough of Darby, and extraordinary police service
at such properties puts a disproportionate and unfair burden upon
the citizens and taxpayers of the Borough;
B.
Owners and/or rental agents in charge of such private properties
derive a benefit from such police service;
C.
The owners and/or rental agents in charge of such private properties
have a responsibility to manage their properties to minimize required
police service to maintain order and public peace and to stop public
disturbances and to minimize the burden upon citizens and taxpayers
of the Borough and to promote the health, safety and welfare of the
public in general;
D.
The owners and/or rental agents in charge of such private properties
can minimize required police service to maintain order and public
peace and to stop public disturbances by diligent and strict management
and regulation of their properties;
E.
Assessment of costs as provided in this article is reasonable and
will have a deterrent effect and encourage more responsible management
of such properties. It is not the intent of this article to discourage
or suppress request for police service, but rather to encourage and
stimulate diligent and strict management and regulation of private
property by owners and/or rental agents.
As used in this article, the following terms shall have the
meanings indicated:
Person or persons or corporation or other entity comprising
record owner or owners of any land or building.
An amount fixed by Darby Borough Council to cover estimated
compensation of officers for amount of time normally spent in responding
to a call or otherwise maintaining order and public peace and stopping
disturbances, appropriate administrative costs allocable thereto,
and medical treatment to injured officers and the cost of repairing
damaged Borough equipment or property. This amount shall be fixed
from time to time and shall be based upon an average cost for typical
police response.
Any land or building, including but not limited to single-
and multifamily dwellings, commercial and industrial buildings not
owned by a public entity.
Any party, gathering, event, domestic dispute or disturbance
involving disorderly conduct as described by the Pennsylvania statutes.
Any federal, state or local government or school district
or agency or authority created or organized thereby.
Every owner of and/or rental agent with responsibility to manage
private property within the Borough is required to pay police service
costs to maintain order and public peace and to stop public disturbances
at such private property for each response by the police in excess
of one response per thirty-day period in an amount fixed by resolution
of the Borough Council; provided, however, that police service in
connection with crimes against residents and/or property by persons
not residing therein or against invited guests and otherwise lawful
occupants of the private property shall not be considered responses
for purposes of this article, provided, further, that police service
in connection with spousal abuse or abuse of children by parents which
are crimes classified as misdemeanors or felonies under the Pennsylvania
Crimes Code shall not be considered response for purposes of this
article.
The Chief of Police or other duly authorized agent of the Borough shall notify the owner of and/or rental agent with responsibility to manage private property 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 or/rental agent; provided, however, that an owner and/or rental agent with responsibility to manage private property shall be required to pay police service costs in accordance with § 24-10 of this article whether or not such notice was given.
Police service costs due and payable in accordance with § 24-10 hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Borough Secretary or a duly authorized agent and shall be due and payable within 30 days of such billing.
Police service costs remaining unpaid after the expiration of
30 days may be collected by civil action by the Borough against the
owner and/or rental agent with responsibility to manage private property
and/or may be imposed or assessed against such private property as
a municipal claim under the Act of May 16, 1923, P.L. 207, as amended
(53 P.S. § 7101). There shall be imposed upon all costs
remaining unpaid after 30 days, a penalty of 10% per annum which shall
be added and collected as provided by law.
