Chapter 8.38
RESPONSE TO UNRULY GATHERINGS

Sections:

8.38.010    Purpose.

8.38.020    Definitions.

8.38.030    Emergency response charges.

8.38.040    Calculation of charges.

8.38.050    Collection of charges.

8.38.060    Mandatory warning.

8.38.070    Other remedies.

8.38.010 Purpose.

The purposes of this chapter are to assist the police department in controlling unruly gatherings, to defray the cost of providing an emergency response during a second call to such unruly gatherings, and to deter noisy, dangerous gatherings which disturb the public peace and threaten the general welfare. (Ord. 447 § 1 (part), 1990)

8.38.020 Definitions.

An “unruly gathering” is a party or other gathering which occurs on or adjacent to private property in the town (hereinafter “premises”) and which a police officer at the scene determines is a threat to the public peace, health, safety or general welfare.

A “second call to an unruly gathering” is a second on-site visit to the premises by the police department which occurs after an initial response has been made to advise the person apparently in charge, or person as provided in Section 8.38.060, that the gathering is unruly and informing the person of his or her liability under this chapter. Additional visits to the premises regarding the same unruly gathering shall be deemed second calls for the purposes of this chapter. (Ord. 447 § 1 (part), 1990)

8.38.030 Emergency response charges.

Whenever the police department makes a second call to an unruly gathering, the police personnel utilized during the second call shall be deemed to be providing special emergency security services over and above services normally provided. The cost of providing such special emergency services shall be charged to the person or persons responsible for the unruly gathering as provided in this chapter. (Ord. 447 § 1 (part), 1990)

8.38.040 Calculation of charges.

The charge for providing special emergency security services during a second call to an unruly gathering shall be calculated by the police department utilizing the hourly pay rate for each member of the public safety forces, and shall be adjusted from time to time to reflect changes in such hourly rates. Said charge may include the cost of providing equipment to the scene of the unruly gathering and the cost of repairing or replacing equipment damaged at the scene. The total charges payable under this section shall be the actual cost of providing the services but not less than one hundred dollars and not more than five hundred dollars, plus the cost of actual damages to town property, if any, for a single response. Additional visits to the same gathering shall be separately charged. (Ord. 447 § 1 (part), 1990)

8.38.050 Collection of charges.

A. The person or persons in charge of the premises and the person or persons in charge of the unruly gathering, or if any such person is a minor, then the parent or guardians of such persons, shall be jointly and severally liable for the cost of providing the special emergency security services as provided in this chapter.

B. Within five days of the second call to an unruly gathering, the chief of police or his designate shall calculate the charges payable under this chapter and shall cause a bill to be produced and sent to the persons responsible for such charges.

C. In the event that such bill is not paid in full, within thirty days of its issuance, the bill shall be referred to the city attorney for appropriate collection activity. (Ord. 447 § 1 (part), 1990)

8.38.060 Mandatory warning.

A. No charges may be made pursuant to this chapter unless the person apparently in charge of the unruly gathering has been informed of his or her potential liability under this chapter by a police officer at the premises during the first visit. If, after a good faith effort, no such responsible party can be found, the warning may be given to any person in attendance at the unruly gathering.

B. The police department shall develop a written warning document to provide information concerning this chapter and shall deliver a copy of such warning document to the person described herein during the first visit to the unruly gathering. (Ord. 447 § 1 (part), 1990)

8.38.070 Other remedies.

The charges established by this chapter are cumulative in nature and shall not be construed to limit or replace any other remedies or penalties, civil or criminal, which may be available. (Ord. 447 § 1 (part), 1990)