This article shall be known as the "Public Safety Emergency
Response Cost Recovery Ordinance."
In order to defray the Town of Dewey Beach's extraordinary expenses
resulting from the demonstrated need to engage additional public safety
resources in order to meet public safety risks attributable to the
conduct of one or more particular businesses, this article authorizes
the imposition of charges to recover reasonable and actual costs incurred
by the Town in responding to such risk.
For the purpose of this article, the following terms and phrases
shall be defined to mean:
ASSESSABLE COSTS
The costs of public safety resources, in addition to those
ordinarily provided by the Town in its regular budget, incurred or
to be incurred by the Town in order to meet a demonstrated risk of
disorder associated with the business establishment(s) of one or more
responsible licensees. Such costs shall include the actual labor and
material costs incurred by the Town (including employee wages, fringe
benefits, administrative overhead, costs of equipment and equipment
operation; materials; transportation; material disposal), whether
or not the materials or services are provided by the Town through
its employees or by third parties with which the Town has contracted.
The fact that the Town police or other budget unit has budgeted funds
not yet spent shall not prevent extraordinary costs from being deemed
assessable under this article.
DEMONSTRATED RISK OF DISORDER
May be found to exist with respect to a business establishment
when the Chief of Police or designee, based on police reports or other
available information, determines that public safety resources, in
addition to those provided by the Town in its regular budget, have
been necessary in order to preserve the peace and prevent risk of
injury to person or property at the location of the business establishment.
RESPONSIBLE LICENSEE
The holder of a license to maintain the business establishment
at which a demonstrated risk of disorder was determined to exist.