[HISTORY: Adopted by the Mayor and Council
of the Town of Elsmere 8-13-2020 by Ord. No. 650.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 164,
Police Service Fees, adopted 10-22-1988 by Ord. No. 366.
It is the intent of the Town's Council by the adoption
of this chapter to impose on and collect from the person or persons
in charge of or responsible for any nuisance event or activity or
permitting any nuisance event or activity that generates extraordinary
cost to the Town that cost over and above the cost of providing normal
law enforcement services and police protection Town-wide.
For the purpose of this chapter, the terms defined in this section
shall have the meanings ascribed to them:
The address shown on the records of the New Castle County
Recorder of Deeds Taxation or a more recent address known to the Police
Department. In the case of parties not listed in these records, the
last known address shall be that address obtained by the Police Department
after a reasonable search.
One requiring special security assignment in order to protect
the public peace, health, safety and welfare. A nuisance event includes,
but is not limited to, the following: unfounded 911 calls; repeated
911 calls for incidents that are not violations; loud and boisterous
conduct; noises and activities disturbing the peace; congregation
of two or more persons in intoxicated conditions or under the influence
of drugs or alcohol; fighting or use of obscene or inflammatory language;
loud music constituting a nuisance or disturbing the peace; activities
causing excessive pedestrian or vehicular traffic and parking problems
and congestions; events occurring after 11:00 p.m. to sunrise of the
following day which disturb the peace and tranquility of the neighborhood;
use and display of narcotics, illegal drugs and controlled substances
and paraphernalia for its use; congregating in a tumultuous, noisy
or rowdy crowd; and indecent exposure and lewd conduct.
A person or persons shown to be owner or owners of property
on the records of the New Castle County Recorder of Deeds.
Service by personally handing a copy to the intended recipient
or by leaving a copy at the intended recipient's residence or
place of business with a person of suitable age and discretion.
The fee to be imposed for law enforcement services associated
with a special security assignment. Such fee may be either a flat
fee of $1,000 to offset wages of police officers while responding
to or remaining at the nuisance event, the pro rata cost of equipment,
the cost of repairing Town equipment and property, and the cost of
any medical treatment of injured police officers. In addition to any
other penalties provided for in the police service fees for a violation
of this chapter shall be punishable by a fine of not less than $1,000
for the first violation and $2,000 for each additional offense occurring
within one year.
A person who owns the property where the nuisance event takes
place, and/or a person in charge of the premises, and/or a person
who organized or served as a host of the nuisance event. If the responsible
person is a minor, then the parents or guardians of that minor will
be considered responsible persons.
Depositing the item with the United States Postal Service
addressed to the intended recipient at his or her last known address
with first class postage prepaid thereon.
By personal service shall constitute the delivery of the
warning letter to the responsible person or by mailing it to the last
known address of the responsible person.
The assignment of police officers, services and/or equipment
during a third or subsequent response to the nuisance event after
the service of a written notice to the responsible persons that a
police services fee may be imposed or costs incurred by the city for
any subsequent police response.
When any police officer responds to any nuisance event and determines
that there is a threat to the public peace, health, safety or general
welfare, the police officer may serve a written notice to the responsible
person or persons that three or more police responses to that same
location or address within a 365-day period shall be deemed a special
security assignment and that the responsible person or persons may
be liable for a police services fee.
A.Â
If, after a written notice is served pursuant to this chapter, a
subsequent police response or responses are necessary to the same
location or address within a 365-day period, then each subsequent
response or responses shall be deemed a special security assignment.
Responsible persons who had previously received effective notice for
any combination of three violations occurring within 365 days shall
be jointly and severally liable for a police services fee for a special
security assignment. The fee for a special security assignment shall
be $2,000 for repeat violations.
B.Â
The amount of the police services fee shall be a debt owed to the
Town by the responsible person or persons.
C.Â
The Town reserves its rights to seek reimbursement for actual costs
and damages exceeding $2,000 through other legal remedies or procedures.
D.Â
The police response or responses to a nuisance event may also result
in the arrest and/or citation for violations of state or local laws
or ordinances.
The Chief of Police shall notify the Town Finance Director in
writing of the performance of each special security assignment, of
the name and address of the responsible person or persons, the date
and time of the incident, the services performed, and the amount of
the police services fee. If the police services fee is in excess of
$2,000, the Chief of Police shall provide documentation to support
the additional amount. The Finance Director shall thereafter cause
appropriate billings to be made and be responsible for the collection
of the police services fee.
An administrative appeal of a police services fee may be made
to the Chief of Police or designee within 10 days from the date of
mailing of the billing. The request for a hearing shall be in writing
and addressed to the Chief of Police and shall include a copy of the
billing and grounds for the appeal. The Chief of Police or designee
may modify the service fee upon a finding that the responsible person
or persons had made a good faith effort to remedy the situation or
that the nuisance event or special security assignment was not the
fault of the person or persons filing the appeal. An appeal of the
Chief of Police's decision may be submitted to the Mayor and
Council in writing within 30 days of the written decision.
