Chapter 3.15
FEES FOR SPECIAL CITY SERVICES
Sections:
Article I. False Alarms
3.15.030 Customer response time.
Article II. Response Times
3.15.060 Second or subsequent responses.
3.15.070 Administrative procedures.
Article I. False Alarms
3.15.010 Definitions.
As used in this chapter, the following definitions shall apply:
“Alarm” means any mechanical or electrical device or assembly of equipment, designed or arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police are expected to respond.
“Alarm user” means any person, firm, partnership or corporation of any kind in control of any building, premises, structure or facility upon which an alarm is maintained.
“False alarm” means an alarm signal to which the City police respond with any emergency service personnel or equipment when a situation requiring a response by the police does not in fact exist and which signal is caused by the inadvertence, negligence, or intentional act or omission of an alarm user, or a malfunction of the alarm. The following shall not be considered false alarms:
(a) Alarms caused by the testing, repair or malfunction of telephone equipment or lines, where the Monmouth Police Department has been notified in advance of said testing or repairing.
(b) Alarms caused by an act of God, including earthquakes, floods, windstorms, thunder or lightning.
(c) Alarms caused by an attempted illegal entry of which there is visible evidence.
(d) Alarms caused by the testing, repair or malfunction of electrical utility equipment or lines, where the Monmouth Police Department has been notified in advance of said testing or repair. (Ord. 1012, § 1, May 2, 1989. Code 1983 § 48.110.)
3.15.020 Fees.
Alarm users shall pay a fee for each false alarm response by the City police during a calendar year according to a fee schedule established by resolution of the City Council from time to time. (Ord. 1012, § 2, May 2, 1989. Code 1983 § 48.120.)
3.15.030 Customer response time.
The Chief of Police, at his or her discretion, is hereby authorized to charge, in addition to the false alarm fee, actual costs incurred by the Monmouth Police Department for all time spent by the MPD 15 minutes after notification, or attempted notification, of the owner or authorized representative of the premises. (Ord. 1012, § 2, May 2, 1989. Code 1983 § 48.130.)
Article II. Response Times
3.15.040 Definitions.
For the purpose of this chapter the following definitions shall apply:
“Costs of subsequent response” include the salaries of the police officers for the amount of time actually spent in responding to, remaining at or investigating the party, including, but not limited to, police officers, equipment, dispatch and supervisory time, at a rate established by the City Manager, plus the actual cost of any medical treatment to injured City employees and the cost of repairing any damaged City equipment or property.
“Party” includes a gathering or event where a group of persons have assembled or are assembling for a social occasion or social activity.
“Responsible person” is the person or persons who own the property where the party takes place or who are in charge of the premises or who organized the party or who engage in activity or conduct requiring a subsequent police response and who are present at the premises when the conduct leading to a police response to the premises occurs. If the responsible person is a minor, then the minor’s parents or guardians will be jointly or severally liable for the costs. (Ord. 1048, Jan. 7, 1992. Code 1983 § 48.140.)
3.15.050 Notice of violation.
During a first response to a complaint of a disturbance at a party, the responding officer may, among other things, deliver to the responsible person a “Notice of Violation: First Response” which shall contain a message substantially as follows:
This notice of violation is given to you as the result of a first response by the city of Monmouth to a complaint of a violation of the Monmouth City Code or the Oregon Criminal Code. You will be charged all city personnel and equipment costs incurred as the result of any second or subsequent response by the police to this location within forty-eight (48) hours from the time of this first response.
The notice may also contain such other information as deemed necessary by the City Manager. (Ord. 1048, Jan. 7, 1992. Code 1983 § 48.150.)
3.15.060 Second or subsequent responses.
If the City is required to make a second or subsequent response to a party within 48 hours of the time of the first response and a “Notice of Violation: First Response” has been delivered to the responsible person, then the City shall compute the costs of such response. A bill for the costs incurred by the City for its second and subsequent responses shall be prepared and delivered to the responsible person who shall be liable for its payment. The amount of the charge shall be deemed a debt to the City of the responsible person who shall be liable in an account brought in the name of the City for recovery of such amount, including reasonable attorney fees. (Ord. 1048, Jan. 7, 1992. Code 1983 § 48.160.)
3.15.070 Administrative procedures.
The City Manager is authorized to adopt appropriate procedures for billing and other matters necessary for the administration of the provisions of this chapter. (Ord. 1048, Jan. 7, 1992. Code 1983 § 48.170.)
3.15.080 Appeal – Hearing.
Any person aggrieved by any decision of the City Manager to bill for the costs of a second or subsequent response may appeal the decision to the City Council by filing a notice of appeal with the City Recorder within 15 days of the date the billing was mailed. Upon the filing of an appeal the City Manager shall schedule a time for the hearing and shall notify the appellant thereof. At the hearing, any person may present evidence in opposition to or in support of the appellant’s case. At the conclusion of the hearing, the City Council may affirm, reverse or modify the decision of the City Manager and the decisions of the City Council shall be final. (Ord. 1048, Jan. 7, 1992. Code 1983 § 48.180.)