Note: Prior code history: Ords. 2370 and 4403.
When police department personnel respond to any premises or location as a result of a disturbance, including, but not limited to, loud and boisterous conduct, noises and activities, disturbing the peace, a congregation of two or more persons in intoxicated conditions or under the influence of drugs or alcohol, fighting, using obscene or inflammatory language, loud music constituting a nuisance or disturbing the peace, vehicular racing and cruising, use or display of narcotics, illegal drugs and controlled substances and paraphernalia for its use, or congregating in a noisy or rowdy crowd, indecent exposure and lewd conduct, resulting in a threat to the public peace, health, safety or general welfare, the responding officers may issue a written disturbance violation warning to the responsible party. The warning shall state that if police department personnel are required to return to the same premises or location within the following 12 hour period because of further similar disturbances, each additional response shall constitute an extraordinary law enforcement response. Further, the warning shall state that the responsible party may be charged for the cost of providing extraordinary law enforcement services. The warning shall be signed by the responsible party, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the responsible party. If the responsible party refuses to sign the warning, or fails or refuses to be available, the warning will be posted in a conspicuous location. If a second or any subsequent response is required, the responding officers may issue a disturbance violation notice and require the responsible party to sign the notice, acknowledging the occurrence of the second or subsequent response. If the responsible party refuses to sign the notice, or fails or refuses to be available, the notice will be posted in a conspicuous location. Refusal to sign a disturbance violation warning or notice does not relieve the responsible party of liability for the cost of the extraordinary law enforcement services.
(Ord. 4536 § 1, 2007)
“Extraordinary law enforcement services” are those necessarily and reasonably incurred by the city in the protection of the public’s health, safety and welfare and in the protection of property which such services are in addition to police services the city would normally provide without a special charge and which have arisen because of activities or events where citizens have failed to comply with a disturbance violation warning.
(Ord. 4536 § 2, 2007)
The police officers responding to the premises or location following a second response after a first warning to control the threat to the public peace, health, safety or general welfare, may be deemed by the police chief, or his or her designee, to be an extraordinary law enforcement response. The responsible party shall be charged for all personnel, equipment and mutual aid related costs expended during the second and subsequent responses to the location, for damages to city property and/or for any injuries to city personnel.
(Ord. 4536 § 1, 2007)
For the purposes of this chapter, the responsible party is that person or persons in charge of the premises or location or the person or persons responsible for the event or gathering. If any of those persons are minors, the parents or guardians of such minor(s) shall be the responsible party.
(Ord. 4536 § 1, 2007)
A. 
Notwithstanding the provisions of this chapter, the city shall not be prevented from taking any other civil or criminal action to abate the acts constituting a violation of this chapter.
B. 
Notwithstanding the provisions of this chapter, the city shall retain the option to utilize any other legal remedies for recovery of costs of the extraordinary law enforcement services.
(Ord. 4536 § 1, 2007)