[Ord. 794, 6/3/2002, § 2]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
ACTOR
A person violating any ordinance of the Township of Ferguson and/or any laws of the Commonwealth of Pennsylvania and/or those laws, rules and regulations designated as the Pennsylvania Crimes Code Pa.C.S.A., Title 18, and Title 35, Chapter
6, in their entirety.
REQUEST FOR RESPONSE
Any communication to the Township of Ferguson or County 911
Dispatch Center or to the police or other entity, indicating the possibility
or existence of the occurrence of a crime or other emergency situation
warranting immediate action by the police.
REQUESTOR
Any person, tenant, resident, business organization, non-profit
organization, charitable institution, agent, servant, or employee
who makes a request for response.
RESPONSE
Any request for response which causes the Township of Ferguson
Police Department to utilize its communications systems, motor vehicles
and/or personnel to arrive at any place designated by the requestor.
[Ord. 794, 6/3/2002, § 2]
1. Any requestor who makes a request for response which causes a response and subsequently results in the withdrawing of charges initiated as a result of the response or any requestor who unreasonably makes multiple requests for response may be charged the cost of the response(s) as set forth in §
10-503 of this Part.
2. If it is determined that any actor has violated any ordinance of the Township of Ferguson or any law of the Commonwealth of Pennsylvania, said actor may be charged the cost of the response as provided at §
10-503 of this Part. A determination that an actor has violated any Township ordinance or any state law shall be established upon proof of any of the following:
A. An adjudication of guilty after a bench trial before any judge of
the Court of Common Pleas of Centre County.
B. An adjudication of guilty by any Centre County District Justice.
C. A conviction by a jury after trial.
E. An actor's plea of nolo contendre.
F. An actor's plea of no contest.
G. An actor's agreement to a disposition without verdict such as probation
without verdict.
H. An adjudication, determination, or consent agreement regarding a
juvenile under the Pennsylvania Juvenile Act.
3. A person who is responsible for a response to an incident of a summary
nature may be issued a warning and advised of the consequences for
additional responses. If an additional response or responses for additional
violation(s) within a ninety-day period are required, then the person
or persons responsible may be subject to reimbursement fees for not
only the subsequent response(s) but also for the initial response.
4. In the case of a specific location which becomes a source of repeated calls for service, the owner, occupant or lessee responsible for such a location, who has been properly forewarned, may be considered responsible for the repeated calls to that location and will be subject to payment of the same costs and expenses as requestors under Subsection
1 or actors under Subsection
2.
5. Nothing in this Part is to be construed to infer that any person
acting in good faith who initiates a request for response which turns
out to be unfounded or unnecessary is liable under this section.
6. Moreover, any person who unknowingly or unintentionally necessitates
a request for response and who voluntarily resolves the nuisance shall
be issued a warning and advised of consequences. Subsequent responses
for the same or similar offense(s) within a ninety-day period may
result in the actor being invoiced for all responses, including the
first.
[Ord. 794, 6/3/2002, § 2]
Upon the occurrence of any of the events set forth at Subsections
1 through
4 of §
10-502, and if liability is not excused by §§
10-502, Subsection
5 or
6, of this Part, the requestor or actor in question shall pay to the Township of Ferguson the fee set forth in the Ferguson Township reimbursement costs resolution on file at the Ferguson Township municipal building. The fee set forth in said resolution may be adjusted by further resolution of the Board of Supervisors of Ferguson Township. The requestor or actor shall also be responsible for paying to the Township any incidental costs, fees or expenses relating to any such response that are not set forth in the Ferguson Township reimbursement costs resolution.
[Ord. 794, 6/3/2002, § 2]
1. The Ferguson Township Police Department shall provide an invoice to those individuals creating the requirement of a police response and/or any actor or perpetrator as set forth in §
10-502 of this Part pursuant to the schedule of charges set forth in Appendix "A" of this Part, said amount being the hourly rate indicated
thereon plus any incidental costs, fees or expenses.
2. The invoice as designated above shall be provided by the Ferguson
Township Police Department within 30 days of the date of the police
response or determination as set forth in this Part. Thereafter, payment
shall be made to Ferguson Township for the aforesaid invoice within
30 days of the date of the invoice.
3. If a person who receives an invoice from the Ferguson Township Police
Department shall fail to pay the same within 30 days after receipt
of said invoice, the Township of Ferguson is authorized to file a
civil action and/or an action for a municipal lien against the invoiced
party. Notwithstanding the foregoing, Ferguson Township, by and through
its Police Department, may request any court having competent jurisdiction
over a requestor or actor to make restitution to Ferguson Township
of said invoiced amount.
4. Interest on the unpaid balance of any invoices for any fees shall
carry an interest rate of 6% per annum on the unpaid balance. In addition,
the Township of Ferguson may assess attorney's fees, costs and expenses
associated with the collection of any fees authorized by this Part.