The purpose of this chapter is to deter the occurrence of loud, unruly and/or disorderly gatherings, parties and disturbances. This will enhance the general peace, health, safety and welfare of the citizens of the Town.
(Ord. 301-00)
As used in this chapter:
means any public or private party or gathering that unreasonably disturbs the peace and quiet of surrounding neighbors.
means the deployment of Town law enforcement personnel to the scene of a disturbance upon receipt of a complaint or request for service from a member of the public.
includes the salaries and benefits of the police officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event at a rate established by resolution of the Council; the actual cost of any medical treatment to injured officers; the cost of repairing any damages to Town or County equipment or property; and any other costs and expenses of any kind, direct or indirect, incurred by the Town or its police department in connection with a violation of any provision of this chapter.
means the deployment of law enforcement personnel to the scene of a disturbance as the result of a complaint or request for service two or more times in a 12-hour period.
(Ord. 301-00)
The Council declares that disturbances pose a threat to the health, welfare, safety and peace of the community. The Council further declares that the deployment of Police Department personnel to these events depletes the limited law enforcement resources available to the citizens of the Town. Such law enforcement responses decrease preventive police presence and delay responses to genuine emergencies.
(Ord. 301-00)
A.
The police response cost schedule adopted by Council resolution shall be applied to all police personnel assigned to the second law enforcement response.
B.
The total fee shall be charged against the person or persons in charge of the event, or if such person or persons are minors, to the parents or legal guardians of the minors.
C.
For purposes of this section, a law enforcement response to a disturbance in a publicly accessible area of any multifamily dwelling complex which is required by law to have a resident manager may be charged to the property owner as well as to the person(s) in charge of the event.
(Ord. 301-00)
All costs are due and payable upon demand by the Town and in no case later than 30 days from the date the demand was mailed.
(Ord. 301-00)
A.
First Response. Upon a first response to a disturbance as defined in Section 9.20.020, the law enforcement officer in charge of the call shall notify the person(s) in charge of the event in writing that a second response to the event will be subject to the costs imposed pursuant to this chapter and advise them of the amount of the costs. In the case of a law enforcement response pursuant to subsection C of Section 9.20.040, the officer in charge shall also notify the on-site manager in writing that a second response to the event will subject the property owner to the costs imposed pursuant to this chapter.
B.
Second Response. Upon a second response as defined in Section 9.20.020, the officer in charge shall notify the person(s) in charge that a response fee will be charged for that and any subsequent responses within the 12-hour period.
C.
Demand for Payment. The Town shall cause a demand for payment to be delivered to the person(s) identified as responsible for the event either by U.S. mail or personal service no later than 60 days from the date of the event.
(Ord. 301-00)
Any person upon whom police service costs have been imposed under this chapter may appeal the imposition and for amount of the police service costs to the Council pursuant to the requirements and procedures set forth in Section 9.24.050.
(Ord. 301-00)
A.
When any violation of this chapter has occurred on real property owned in whole or in part by the person who has violated this chapter, any and all police service costs, expenses and/or penalties for which that person may be liable, and which remain unpaid after demand by the Town, shall become a lien on the property on which the violation has occurred pursuant to Section 1.28.150. Such police service costs, expenses and/or penalties shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
B.
The Town Attorney shall have the authority to file an action or proceeding to recover such police service costs, expenses and/or penalties, and to take any other action at law or equity which he or she may deem necessary to recover the same. In any such action or proceeding, the Town shall be entitled to recover its costs, including but not limited to its attorney's fees.
(Ord. 301-00)
Nothing in this chapter shall prohibit any police officer from enforcing the criminal provisions of Penal Code Section 415 and following, or any other criminal or infraction sanctions available under the law, in addition to imposing the fees under this chapter.
(Ord. 301-00)
The Town reserves its rights and legal options to elect any other remedy available to it under the law to recover damages in addition to the provisions of this chapter.
(Ord. 301-00)