[HISTORY: Adopted by the Council of the City
of Easton 4-24-1996 by Ord. No. 3434 (Art. 128 of the 1965 Codified Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 410.
The Council of the City of Easton finds and
determines that:
A.
Certain private properties require a disproportionate
amount of police service in order to maintain order and public peace,
to restrain unlawful conduct thereon and to stop public disturbances,
such that there are less police personnel and resources available
for other locations, emergencies, and duties in the City;
B.
Such extraordinary police services at such properties
places a disproportionate and unfair burden upon the citizens and
taxpayers of the City;
C.
Owners and/or property managers derive a benefit from
such police services;
D.
The owners and/or property managers have a responsibility
to manage their properties to minimize required police services to
maintain order and public peace, to restrain unlawful conduct thereon
and to stop public disturbances;
E.
The owners and/or property managers can minimize required
police services to maintain order and public peace, to restrain unlawful
conduct thereon and to stop public disturbances by diligent and strict
management and regulation of their properties; and
F.
Assessment of costs as provided in this chapter is
not to discourage or suppress requests for police services, but rather
to encourage and stimulate diligent and strict management and regulation
of private property by its owners and/or property managers.
As used in this chapter, the following terms
shall have the meanings indicated:
Any federal, state or local government or school district
or agency or authority created or organized thereby.
The person or persons or corporations and/or corporate officers
or other entity, and/or its principals, comprising record owner or
owners of any private property.
An amount fixed by Council by resolution, which
shall be the aggregate of the following estimated average costs associated
with the necessary police services for each response, including use
of equipment and administrative costs, required to maintain order
and public peace:
Compensation of officers (including wage, wage
tax, health insurance, workers' compensation insurance, unemployment
insurance and benefits) in relation to the average amount of time
required for such police services;
Reasonable administrative costs allocable thereto;
and
Costs of the use of and maintenance of police
equipment generally required in connection with such police services.
Police service costs shall include, in addition
to the amount fixed by Council, the actual cost of medical treatment
to officers and/or costs of repairing or replacing damaged City equipment
or property in connection with a response.
Any land or building, including single and multifamily dwellings
and commercial and industrial buildings, not owned by a government
entity.
The person or persons or corporations and/or corporate officers
or other entity, and/or its principals who have been designated as
the property manager by the owner in a writing signed by the owner,
and the designee and/or any person or corporation and/or corporate
officers or other entity, and/or its principals, who is actually responsible
for the management of the property.
A.
Every owner and/or property manager within the City
shall pay to the Director of Finance or their designee, for deposit
to the general fund, police service costs for each response by the
City Police to maintain order and public peace and/or to restrain
unlawful conduct thereon and/or to stop public disturbances at such
private property for each response by the police in excess of two
responses within 30 days.
[Amended 4-25-2000 by Ord. No. 3793; 7-22-2015 by Ord. No. 5505]
B.
Provided, however, that police services in connection
with crimes against residents and/or property by persons not residing
or by persons who are not invited guests or otherwise lawful occupants
of the private property shall not be considered responses for purposes
of this chapter. Provided, further, that police services in connection
with spousal abuse or abuse of children shall not be considered responses
for purposes of this chapter.
[Amended 4-25-2000 by Ord. No. 3793]
The Chief of Police or other duly authorized
agent of the City shall notify the owner and/or property manager that
a response has been made to such property to maintain order or public
peace or to stop a public disturbance. Such notice shall be given
by regular mail to the last known address of such owner and/or property
manager. Provided, however, that an owner and/or property manager
shall be required to pay police service costs in accordance with the
provisions of this chapter whether or not such notice has been issued
or received.
[Amended 4-25-2000 by Ord. No. 3793; 7-22-2015 by Ord. No. 5505]
Police service costs due in accordance with
the provisions of this chapter shall be billed to the owner and/or
property manager by the Chief of Police or his duly authorized agent
and shall be due and payable to the Director of Finance or their designee
within 30 days of such billing.
Unpaid police service costs may be collected
by civil action by the City against the owner and/or property manager
with responsibility to manage private property and/or may be imposed
or assessed against such private property as a municipal claim under
the Act of May 16, 1923, P.L. 207, as amended, (53 P.S. § 7101
et seq.). If collection is required either by civil action or by municipal
claim, a penalty of 10% and interest at the rate of 10% per annum
shall be added and collected as provided by law.
