The purpose of this chapter is to allow for reimbursement to the city for expenses related to second responses to large parties and other gatherings which have been determined to be a threat to the public peace, health, safety or general welfare.
(Ord. 354 § 1.2, 1992)
For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is otherwise apparent from the context that a different meaning is intended:
"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 said 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 voluntarily selected by the owner, occupier or manager of a premises.
"Large party or other gathering"
means any gathering of persons on a premises within the city at the invitation, request or consent of the person in charge or control of the premises, requiring extraordinary police services over and above those normally provided for the protection of the general public health, safety and welfare.
"Responsible party"
means that person or persons in charge of the premises or location and the person or persons responsible for the event or incident. If any of those persons are minors, the parent or guardians of such minor(s) shall be the responsible party.
(Ord. 354 § 1.2, 1992)
If a large party or other gathering, as herein defined, occurs or is held and the law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, the officer may, in addition to any other duty or responsibility imposed upon him by law, give warning to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the city for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement service over and above the normal services expended in connection with the first call.
(Ord. 354 § 1.2, 1992)
The personnel and equipment of the law enforcement agency utilized after the first warning to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided city wide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property shall be billed to and is the legal responsibility of the responsible party incurring said extraordinary law enforcement services.
(Ord. 354 § 1.2, 1992)
Upon written notification from the law enforcement agency of the necessity of providing the extraordinary law enforcement services and an itemized cost of providing such services including salaries of police officers, cost of vehicles, and other costs including administrative costs, the city manager, or his or her designee, shall determine within two working days thereafter the actual cost of the extraordinary services.
(Ord. 354 § 1.2, 1992)
The city manager upon determining the actual cost, shall have the finance department bill the amount of the cost to the person named by the law enforcement agency in the notice and at the address contained therein setting forth the date and time of the incident, and the services performed, and the costs thereof, and such other information as may be required. The amount of such cost shall be deemed a debt to the city of the person or persons receiving such services and to whom billed. Any person owing money shall be liable in any action brought in the name of the city for recovery of such amounts, including reasonable attorneys fees.
(Ord. 354 § 1.2, 1992)
Any individual named by the decision of the city manager as being liable to the city for the cost of the extraordinary law enforcement services may, within seven days of the receipt of the written bill request a review of the matter before the city manager, or his/her designee, who shall, along with a representative of the law enforcement agency, review the necessity of the services and the cost thereof with the individual appealing the determination of the costs. The city manager may in his discretion determine that the person requesting the review was or was not the appropriate party to have been billed, and the cost of the charges in all fairness and the administration of justice should be reduced or terminated based upon reasonable evidence warranting the same. Any individual aggrieved by the decision of the city manager, or his or her designee, may appeal that decision in writing to the city council by written notice filed with the city clerk within seven days of the decision of the city manager or his or her designee. Unless appealed, the decision of the city manager is final. In the event of nonpayment, the city attorney is authorized and directed to bring, or cause to be brought, all necessary legal actions to collect the costs of the services.
(Ord. 354 § 1.2, 1992)