[1]
Code reviser's note: This chapter was editorially renumbered to avoid conflict with an earlier Chapter 9.16.
A. 
The city council of the city of Highland (the "city council" of the "city") finds that loud, unruly or disorderly private parties or assemblies on private property disturb the public peace and require law enforcement services over and above those normally provided, when the resident and/or property owners fail to control the noises and disturbance after the first law enforcement response and warning.
B. 
The city council further finds, based on reports provided by the Highland police department, that where repeat calls are required to noisy private parties or assemblies, there is an increased likelihood of violence and arrests where the first response and warning are not successful, and where the resident or property owner is or should be in control of the noise and conduct of his/her guests.
C. 
The city council further finds, based on reports provided by the Highland police department, that a small number of property owners fail and refuse to control noise and disorderly conduct at parties and assemblies on their properties after the first response to a complaint, thereby necessitating repeat law enforcement calls, and that the expense of providing law enforcement to those properties is grossly disproportionate to that required for most properties in the city.
D. 
The city council further finds that the cost of repeat law enforcement calls regarding noisy and disorderly parties or assemblies on private property, where the resident and/or property owner fail to control noise and/or the conduct of guests or others on the property after being advised of the problem, constitutes a special service and an undue burden on the residents of the city whose conduct does not require this service, and places an undue burden on limited law enforcement services.
E. 
The city council further finds and determines that loud, unruly or disorderly private parties or assemblies on private property disturb the peaceful enjoyment of neighboring properties, and that it is in the best interests of the public safety, welfare and convenience of the city and its residents that the city regulate noise and disorderly conduct at parties and assemblies on private properties, and that the residents and/or property owners whose conduct necessitates repeated law enforcement calls are in control of the property, and should bear the cost of additional special law enforcement services necessitated by their failure to control noise and disorderly conduct which has been confirmed by city law enforcement personnel who respond to such complaints.
F. 
The purpose and intent of this chapter are to provide a procedure by which a determination may be made that repeat law enforcement calls for loud, unruly or disorderly parties or assemblies on private property constitute a special service, the cost of which shall be borne by the resident and/or property owner who fails or refuses to control the offensive activities on his/her property, and to provide that the reasonable cost of providing repeat law enforcement calls shall be established by resolution of the city council.
(Ord. 252 § 1, 1999)
Unless the context or subject matter otherwise require, terms defined herein shall have the following meaning when used in this chapter:
"First response notice"
means a written notice issued by a police officer pursuant to this chapter, advising a responsible person that a loud party is taking place and that the disturbance must cease.
"Loud party"
means any loud, unruly, disorderly party, gathering, event or assembly on private property where a police officer responding at the scene to a complaint determines that there is a threat to the public peace, health, safety or general welfare.
"Responsible person"
means the person(s) who owns, leases, resides at or is in charge of the premises where the loud party takes place. If the responsible person is a minor, the parents or guardians of the minor will also be considered a responsible person and shall be jointly and severally liable for the second response service fee imposed pursuant to this chapter. Where the property owner of record (other than the parent of a minor resident) is not present or does not reside at the premises where and when the loud party takes place, and where the property owner of record receives a first response notice prior to a second or subsequent response for which fees are assessed pursuant to this chapter, the property owner of record shall be jointly and severally liable for the second response service fee imposed pursuant to this chapter.
"Second response"
means any second, or subsequent, response by law enforcement personnel and equipment to the location of a party made within 12 hours after the service of a written notice pursuant to this chapter.
"Second response notice"
means a written notice issued by a police officer pursuant to this chapter, assessing a second response service fee for a second, or subsequent, response to a loud party.
"Second response service fee"
means a fee adopted by resolution of the city council and imposed pursuant to this chapter.
"Special security assignment"
means the assignment of special city law enforcement personnel and equipment during a second, or subsequent, response to a loud party after the issuing of a first response notice, over and above the services normally provided.
"Special security costs"
means costs of services provided by city law enforcement associated with the special security assignment which may include personnel and equipment costs, damage to city property and injuries to city personnel.
(Ord. 252 § 1, 1999)
Whenever a loud party occurs, a police officer may issue a first response notice to a responsible person that the disturbance must cease. A second, or subsequent, response by police officer, upon the issuing of a second response notice, may result in the imposition of a second response service fee to recover special security costs.
(Ord. 252 § 1, 1999)
The city police department shall develop written procedures to provide for training and the uniform implementation of this chapter.
The city police department shall develop a first response notice, a second response notice, and any other form or document necessary to carry out the purposes of this chapter.
The city police department shall develop a post second response notice administrative appeal hearing procedure to determine whether the second response service fee was assessed to the proper responsible person or was properly issued.
No fee imposed pursuant to this chapter is authorized until the city police department has adopted implementation procedures, notices and appeals procedures.
(Ord. 252 § 1, 1999)
The city finance officer shall bill the second response service fee as reported by the police department. The bill shall be due and payable to the city within 15 days of the billing date.
(Ord. 252 § 1, 1999)