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)
