Sec. 21-80. - Definitions.

Officer shall mean a police, peace, or abatement officer.

Party, gathering or event shall mean a group of five (5) or more persons who have assembled or are assembling in a manner so as to create a substantial disturbance of the quiet enjoyment of private or public property. This includes, but is not limited to, excessive noise or traffic, fights, and/or disturbances of the peace.

Person responsible for the party, gathering or event shall mean:

(1)

Any adult person in actual or lawful control or possession of the premises;

(2)

Any adult person who organized the party, gathering or event; or

(3)

The parent or guardian having custody or control of any minor responsible for the party, gathering or event regardless of whether the parent or guardian was present at the time of the party, gathering or event.

Reasonable costs may include:

(1)

The salary of the each responding officer, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent at the location in responding to the party, gathering, or event;

(2)

The actual cost of any medical treatment to injured officers;

(3)

The cost of repairing any damaged city equipment or property; and

(4)

A one hundred fifty dollar ($150.00) administrative fee.

(Ord. No. 2007-04-05-0371, § 2, 4-5-07)

Sec. 21-81. - Persons responsible for party liable for city costs.

(a)

Should an officer respond to a party, gathering or large event and while at the location determines that there is a substantial disturbance of the quiet enjoyment of private or public property, any person responsible for the party, gathering or event shall be liable for the reasonable costs of any second or subsequent response by any police officer to that same incident or for a response to the same location for another party, gathering or event within sixty (60) days.

(b)

If two (2) or more persons are responsible for the party, gathering or event such persons shall be jointly and severally liable for the reasonable costs of a second or subsequent response.

(c)

The liability imposed by this section may be in addition to any civil or criminal penalties or fines.

(Ord. No. 2007-04-05-0371, § 2, 4-5-07)

Sec. 21-82. - Notice of liability.

(a)

Upon determining that the party, gathering or event is a substantial disturbance of the quiet enjoyment of private or public property, the responding officer shall notify any person responsible for the party, gathering or event that a second response the same day or subsequent response within sixty (60) days from the date of the current party, gathering or event will result in liability for the reasonable costs of the second or subsequent response.

(b)

The city shall notify any person responsible for the party, gathering or event of the reasonable costs within sixty (60) days of each second or subsequent response. The reasonable costs for multiple subsequent responses may be included in one statement. The notice shall be delivered to the address the person responsible provides to the responding officer.

(Ord. No. 2007-04-05-0371, § 2, 4-5-07)

Sec. 21-83. - Exceptions and limitations.

(a)

The costs of a second or subsequent response shall be waived if any person responsible for the party, gathering or event initiated the request for a police response and assisted the officers in dispersing persons at the party, gathering or event.

(b)

The costs assessed for each second or subsequent response shall not exceed one thousand dollars ($1,000.00) per response.

(Ord. No. 2007-04-05-0371, § 2, 4-5-07)

Sec. 21-84. - Hearing procedures.

(a)

A person liable for the costs of a response may, within ten (10) days of receipt of notice of the costs imposed, request a hearing with an administrative hearing officer duly appointed by the city manager or his/her designee.

(b)

Failure of the person liable for the costs to timely request a hearing or failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing or to challenge the validity or amount of the costs imposed and shall be an admission of liability.

(c)

A hearing shall be scheduled as soon as practicable but within thirty (30) days of the receipt of the request for hearing. The hearing officer shall have authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents, such orders to be enforced by a municipal court.

(d)

The hearing shall be conducted to determine whether there is a sufficient factual and legal basis to impose the costs of the police, peace, or abatement officer response and the reasonableness of the amount. All parties to the hearing shall have the right to present evidence. The record of witness testimony may be preserved for appellant review by the use of an audio tape recording or a videotape recording.

(e)

The hearing officer shall issue a written order stating whether or not the person is liable for the costs, and the amount of the reasonable costs. The order shall be filed with the municipal court director.

(f)

Costs imposed under this section are due and payable upon the expiration of the period to request a hearing or upon notice of the hearing officer's decision if a hearing is requested. Costs shall accrue interest at a rate of ten (10) percent per annum, or as allowed by law, from the date of assessment until paid in full.

(g)

A person found liable for the costs of a second or subsequent response may appeal the decision to the municipal court by filing an appeal petition with the municipal court clerk not later than thirty (30) days after the order is filed. The appeal hearing shall be scheduled to occur within thirty (30) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be an administrative proceeding for the purpose of affirming or reversing the order issued by the hearing officer based upon the evidence presented at the hearing. The decision of the municipal court judge shall be final and shall not be appealable.

(h)

Neither a notice of intent to appeal nor the filing of an appeal petition shall stay the enforcement and collection of the hearing officer's decision unless the service of the notice of appeal is preceded by the posting of a bond with the municipal court clerk in an amount set by a municipal court judge.

(Ord. No. 2007-04-05-0371, § 2, 4-5-07)

Secs. 21-85—21-90. - Reserved.