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HomeMy WebLinkAboutOrdinance No. 20217 .l~'" COUNCIL ORDINANCE NUMBER 20217 COUNCIL BILL NUMBER 4752 AN ORDINANCE CONCERNING A SPECIAL RESPONSE FEE; ADDING SECTION 4.775 TO THE EUGENE CODE, 1971; AND PROVIDING FOR AN IMM~DIATE EFFECTIVE DATE. DATE SUBMITTED: November 13,2000 PASSED: 6/1 / ABSENT: Farr OPPOSED: Taylor REJECTED: ABSTAINED: DEFERRED TO: FIRST READING: November 13, 2000 SECOND READING: November 13,2000 ORDINANCE NO. 20217 AN ORDINANCE CONCERNING A SPECIAL RESPONSE FEE; ADDING SECTION 4.775 TO THE EUGENE CODE, 1971; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A caption, and Section 4.775 is added to the Eugene Code, 1971, to provide: Special Response Fee 4.775 Special Response Fee. (1) Applicability. Subject to the limitations contained in subsections (2) through (7) of this section, the city may impose a special response fee when the police respond to a gathering of 25 or more persons on private property ("the premises") and they arrest or cite two or more individuals for violation of the Oregon criminal statutes or provisions of this code listed in this subsection. As used in this section, "the premises" means each separate address to which a response is made, including its curtilage. (a) All criminal homicide offenses in ORS 163.095 through 163.145. (b) All sexual offenses in ORS 163.355 through 163.445 and 163.670 through 163.700, and section 4.755 of this code. (c) All felony drug offenses as enumerated in ORS 475.992. (d) Endangering Welfare ofa Minor, ORS 163.575. (e) All arson offenses in ORS 164.315 and 164.325. (t) Reckless Burning, ORS 164.335. (g) All criminal mischief offenses in ORS 164.345 through 164.365, and sections 4.780 and 4.782 of this code. (h) All assault offenses in ORS 163.160 through 163.185, ORS 163.208, and section 4.729 of this code. (i) Recklessly Endangering Another Person, ORS 163.195. G) All gambling offenses in ORS 167.122 through 167.147. (k) Hazing, ORS 163.197. (1) Sale, Possession and Use of Fireworks, ORS 480.120. (m) All intimidation offenses in ORS 166.155 and 166.165, and section 4.731 of this code. (n) All weapon offenses in ORS 166.180 through 166.480 with the exception ofORS 166.370. (0) All escape offenses in ORS 162.145 through 162.165, and section 4.915 of this code. Ordinance 1 Ordinance 2 (p) Offensive Littering, section 6.805 of this code. (q) Disorderly Conduct, section 4.725 of this code. (r) Minor in Possession, section 4.115 of this code. (s) Furnishing Alcohol to a Minor, section 4.110 of this code. (t) Allowing Alcohol Consumption by Minors on Private Premises, section 4.131 of this code. (u) Prohibited Sales, section 4.155 of this code. (v) False Swearing on a Keg Receipt, section 4.908 of this code, made unlawful under section 4.191 of this code. (w) Prohibited Noise, sections 4.080 through 4.083 of this code. (x) Interfering with a Peace Officer, ORS 162.247, and section 4.907 of this code. (y) Harassment, section 4.726 of this code. (z) Menacing, section 4.730 of this code. (aa) Hindering Prosecution, section 4.912 of this code. (bb) Resisting Arrest, section 4.910 of this code. (cc) Urinating/Defecating, section 4.770 of this code. (2) Notice. (a) Upon the occurrence of a response under subsection (1) of this section, and in circumstances where the person(s) responsible for the gathering was not the first to call police to request assistance, a "First Response Warning Notice" shall be provided to: 1. The person(s) responsible for the gathering; 2. The person(s) in charge of the premises, if different than the person specified in ( a) 1., and if present at the time of the gathering; and 3. Owner( s) of the premises, if different than the persons specified in (a)1. and (a)2., and if present at the time of the gathering. If the activity or conduct occurs on premises not occupied by the owner and the owner is not present at the gathering, a copy of the notice shall be mailed to the owner. An owner who receives notice pursuant to the immediately preceding sentence shall not be deemed a notice recipient for purposes of liability for the special response fee as set forth in subsection ( 4) of this section. If a notice recipient is a minor, such notice shall be mailed to the parents or guardians of the minor by certified mail, return receipt requested. (b) Any person to whom a first response warning notice has been issued may contest the validity of the notice by filing a written request for review with the municipal court. The request must be filed within 15 days from the date the notice was issued and shall set forth with particularity the reason( s) the determination is invalid. The decision of the municipal court shall be based on the report of the incident giving rise to the notice and the written information provided by the person to whom the notice was issued. The municipal court's decision on the validity of the notice shall be final, and shall be issued within ten days from the date the request is received. If the notice is found invalid, it shall be so noted on all entries in the city's records. The filing of a written request for review with the municipal court shall not toll the running of the 90 day period specified in subsection (3) of this section. (3) Special Response Fee. Each notice recipient shall be liable for a special response fee as set forth in subsection ( 4) of this section if within 90 days after issuance of the notice the police respond to a subsequent gathering of 25 or more persons on the same premises and the police arrest or cite two or more persons for violation of the Oregon criminal statutes or provisions of this code listed in subsection (1) of this section. Notwithstanding the prior sentence, a notice recipient at a gathering shall not be liable for the special response fee if the notice recipient was the person who was the first individual to call the police to request assistance, and the person can demonstrate that he or she took reasonable steps to prevent the violations. Other notice recipients at the same gathering likewise shall not be held liable for the special response fee if those persons can demonstrate they took reasonable steps to prevent the violation(s). A separate special response fee may be charged for each subsequent police response. The special response fee is defined as the total cost incurred by the city caused by the response, including, but not limited to, the actual cost of police department personnel, medical costs, equipment utilized or damaged, and administrative overhead; however, the initial special response fee imposed shall not exceed the sum of $1 ,500.00. (4) Liability for Payment of Special Response Fee. All notice recipients who are: (a) Person(s) responsible for the gathering; or (b) Person(s) in charge of the premises, if different that the person specified in (4)(a); or ( c ) Owner( s) of the premises, if different than the persons specified in (4)(a) and (4)(b), and who are present at any subsequent gathering within the 90 day period specified in subsection (3) of this section on the same premises where they received the "First Response Warning Notice" that gives rise to liability for payment of the special response fee shall be jointly and severally liable for the full amount of the fees imposed. (5) Adoption of Special Response Fee Schedule. The city manager shall adopt a fee schedule, billing procedures and other matters necessary for the administration of this section in the manner provided in section 2.020 of this code. (6) Special Response Cost Recovery - Collection. A statement for the costs incurred by the city for each subsequent police response shall be delivered to each notice recipient liable for payment pursuant to subsection (3) of this section. The amount shall constitute a debt due to the city from each notice recipient, may be collected in any manner authorized by law, and is recoverable in a civil action brought in the name of the city in a court of competent jurisdiction for recovery of the amount plus reasonable attorney fees. A full refund of funds paid by an individual notice recipient will be issued to any notice recipient who has paid any portion of a special response fee assessed pursuant to subsection (3) of this section, if the notice recipient can demonstrate that all persons cited or arrested at the gathering for which the fee has been assessed were acquitted in court. F or purposes of this section, the term acquitted does not include cases that are dismissed pursuant to the successful completion of any Eugene Municipal Court or City Prosecutor diversion agreement. (7) Special Response Cost Recovery - Appeal. A person who is issued a statement of costs under subsection (6) of this section may appeal in the manner provided by section Ordinance 3 2.021 of this code. The appeal shall be heard and determined by a hearings officer in the manner set forth in section 2.021 of this code. (8) Remedies Not Exclusive. The remedies set forth in this section are nonexclusive and are in addition to any and all other remedies available to the city as provided by operation of law. Section 2. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 3. It is necessary for the preservation of the public health, welfare and safety for this Ordinance to have immediate effect. Therefore, this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this 13th day of November, 2000 13th day of November, 2000 ~~~y;U City Recorder ~j).~ Mayor Ordinance 4