Sec. 15-211. - Certain noise prohibited.
Sec. 15-212. - Notification of liability.
Sec. 15-215. - Collection of costs.
Secs. 15-216—15-230. - Reserved.
Except where the context otherwise requires, the following definitions shall govern the construction of this article:
Board means the Board of Supervisors of the County of Kings.
Incident means any loud or unruly party or assemblage which occurs more than 24 hours apart from each other. Multiple responses by the sheriff which occur within 24 hours of the first response at the same location shall be considered as one incident.
Party or assemblage shall mean a group of persons meeting together for social, recreational or amusement purposes.
Sheriff means any sworn officer of the Kings County Sheriff's Office.
(Ord. No. 574, § 1, 6-23-98)
Sec. 15-211. - Certain noise prohibited.
No person shall make, suffer, or permit upon any premises owned, occupied or controlled by such person any noises or sounds which are physically annoying to the senses of persons of ordinary sensitivity, or which are so harsh or so prolonged or unnatural or unusual in their use, time or place, as to cause physical discomfort to neighbors or to interfere with the comfortable use and enjoyment of life or property, or which constitutes a public or private nuisance, within any unincorporated territory of the County of Kings.
(Ord. No. 574, § 1, 6-23-98)
Sec. 15-212. - Notification of liability.
When the sheriff is required to respond to an incident, whether or not in response to citizen complaints, and the sheriff at the scene determines that there is a violation of section 15-211, then the sheriff shall notify the person, or persons, in charge of the property, or the person, or persons, lawfully in possession of the property, or, in the case any such person is a minor, the parents or guardians of such minor, that such person or persons shall be personally liable for the cost of providing additional law enforcement personnel needed to subsequently respond to the same incident, if such subsequent response is made necessary by continuance of noise after the initial warning. Such additional costs shall include all costs necessary and incidental to the subsequent response over and above the services provided by the sheriff in the initial response to the incident. Notification of liability shall be provided as follows:
(1)
Such person or persons shall be given a warning that the person or persons shall be charged for the costs of (1) any and all subsequent responses by the sheriff to the same incident, and (2) for the costs of making subsequent responses to the same location for similar incidents which total four or more incidents within any 12-month period.
(2)
The warning shall include a written notice delivered to the person, or persons, in charge of or in possession of the property that subsequent responses as described in subsection (1) above shall result charges for response costs. In the event any such person is a minor, such written warning shall be delivered to each such minor and the parents or guardians of such minor. The inability to provide such warning to the parents or guardians of any such minor shall not invalidate charges subsequently being imposed as long as the sheriff has acted in a reasonably timely fashion to provide such warning to the parents or guardian.
(3)
When the sheriff makes any subsequent responses as described in subsection (a)(1) or (2) above for which costs will be charged, the sheriff shall serve upon the person, or persons, in charge of or in lawful possession of the property a "disturbance violation notice," which notice shall be signed by each such person. In the event any such person is a minor, such written notice shall be delivered to each such minor and the parents or guardians of such minor. In the event that the owner of the property is not the person who is in charge of or lawfully in possession of the property, the sheriff shall make reasonable efforts to deliver a copy of the violation notice to said owner, but for information purposes only.
(Ord. No. 574, § 1, 6-23-98)
The sheriff shall determine the cost to the county including, but not limited to, the time of personnel involved in subsequent responses, equipment used and transportation to and from the incident for each subsequent response, and damage to county property and injuries to county personnel, if any. The sheriff shall cause to be served on or mailed to the person served with the violation notice a copy of the accounting prepared by the sheriff, and a notice explaining the person's right to appeal the accounting to the board as provided in section 15-214 below.
(Ord. No. 574, § 1, 6-23-98)
Persons who are charged for costs under this article, may appeal that determination by filing a written notice of appeal with the clerk of the board of supervisors. The appeal must be filed within 15 days after receipt of the bill for the costs. The board shall hear and determine the appeal not less than 15 days, nor more than 45 days following the filing of the appeal.
(1)
The person filing a written notice of appeal shall be notified by the clerk of the board by mail, at least five days prior to the hearing, of the date, time place of the appeal hearing.
(2)
A copy of the board's decision following the appeal hearing shall be mailed to the appellant, and to any other person requesting the same, by the clerk of the board within five working days following the rendering of the decision. The decision of the board shall be final and binding upon all parties to the appeal.
(Ord. No. 574, § 1, 6-23-98)
Sec. 15-215. - Collection of costs.
The county may use any civil legal remedy to collect any costs imposed under this article.
(Ord. No. 574, § 1, 6-23-98)