ARTICLE III. - RECOVERY OF PUBLIC SAFETY RESPONSE COSTS

Sec. 46-50. - Legislative intent.#

(a)

The abatement of public nuisances and noise disturbances is essential for the protection of public health, safety, and welfare. In some circumstances the process of abatement can be a drain on finite municipal resources in that it requires multiple contacts with properties that are the cause of public nuisances and noise disturbances. This results in the increase in the need for police and fire personnel and also increases the cost of providing public safety services by increasing the overtime cost associated with these services. The abatement of multiple public nuisances and/or noise disturbances at a single residence also negatively impacted the ability of the municipality to provide public safety services to the remainder of the community because police and fire services are needlessly tied up responding to public nuisances and noise complaints.

(b)

In the past and presently police, fire, and other emergency response personnel have and are required to respond on multiple occasions to public nuisances and noise complaints on private property. The responses to such incidents have resulted in a disproportionate expenditure of public safety resources of the Town of Narragansett, which are underwritten by municipal taxes paid by its taxpayers and residents and delaying police responses to regular and emergency calls for the remainder of the town.

(c)

The purpose of this article is to reduce the cost of providing police, fire, and other emergency response services by imposing a civil fee against persons responsible for conducting, aiding, allowing, permitting, or condoning a public nuisance or noise disturbance at a residence or other private property. The civil fee is based upon the recovery of costs associated with providing law enforcement, fire, and other emergency response services to public nuisances and noise disturbances.

(Ch. 952, § 1, 12-5-2011)

Sec. 46-51. - Definitions.#

The definitions in this section apply to the following terms as used in this part:

Disturbance means any conduct constituting any violation of the public nuisance ordinance and any disturbing or loud noise in violation of the noise ordinance.

Response means the arrival of a police officer or firefighter at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance.

Responsible party is: (1)

The person or persons who owns the property where the disturbance took place, provided that warning has been mailed to the owner of the property as set forth herein and the disturbance occurs at least two weeks after the mailing of such warning.

(2)

The person or persons residing on or otherwise in control of the property where the disturbance took place.

(3)

The person or persons who organized or sponsored the gathering that caused the disturbance.

(4)

All persons attending such gatherings who engage in conduct causing a disturbance.

(5)

Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the premises, including landlords who are actively attempting to evict a tenant from the premises.

Response costs means the costs associated with responses by law enforcement, fire and other emergency response providers (including code enforcement personnel), to a disturbance, including but not limited to: (1)

Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with disturbances and the administrative costs attributable to such response(s);

(2)

The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a disturbance;

(3)

The cost of repairing any town or emergency services equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a disturbance;

(4)

The total amount of response costs for which a responsible party may be liable shall not exceed $2,000.00.

(Ch. 952, § 1, 12-5-2011; Ch. 957, § 1, 3-5-2012)

Sec. 46-52. - Responses to disturbances.#

(a)

No responsible party shall cause, permit or tolerate a disturbance as defined herein.

(b)

Whenever a police officer responds to a disturbance, he/she shall advise any responsible party present to discontinue the disturbance, and further advise that the responsible parties shall be liable for the actual cost of each subsequent response required for a disturbance within 12 months of the first response.

(c)

At the first response, the police department shall give a written notice to all responsible parties advising them that if a second or subsequent response to a disturbance is required within 12 months following such notice, response costs shall be charged to any responsible party for all responses after the first response.

(d)

Notice of the warning may be either hand delivered or mailed to a responsible party. If it is mailed, it shall be mailed by first-class and certified mail to the last known address of the responsible party and in the case of the owner, to the address specified by the owner on the registration form required by section 14-518.

(e)

All responsible parties shall be jointly and severally liable for the response costs regardless of whether or not a responsible party received an oral or written warning pursuant to section 46-52.

(Ch. 952, § 1, 12-5-2011)

Sec. 46-53. - Recovery of response costs.#

When law enforcement, fire or other emergency response provider responds to a disturbance at a residence or other private property within the Town of Narragansett within a 12-month period of a warning given to a responsible party for a disturbance, all responsible parties shall be jointly and severally liable for the response costs for that response and all subsequent responses during the warning period.

When a law enforcement, fire or other emergency response provider official makes an initial response to a disturbance at a residence or other private property within the Town of Narragansett, the official shall inform any responsible party(s) for the gathering at the scene that: (1)

The official has determined that a disturbance exists; and

(2)

Responsible party(s) will be charged for any response costs required for subsequent responses to the scene for a disturbance within a 12-month period involving the same responsible party(s).

Only one warning will be given to a responsible party(s) pursuant to this article before the Town of Narragansett assesses response costs pursuant to section 46-52. If a responsible party cannot be identified at the scene, the official may subsequently return to the residence or other private property and issue the warning to a then-present responsible party. Warnings given to responsible parties who do not reside at the residence or other private property in question shall be delivered by first-class and certified mail.

(Ch. 952, § 1, 12-5-2011)

Sec. 46-54. - Billing and collection.#

The amount of response costs shall be deemed a debt owed to the Town of Narragansett by the responsible party held liable in section 46-53 for the disturbance and, if a juvenile, by the juvenile's parents or guardians.

Notice of the costs for which the responsible party is liable shall be mailed via first-class and certified mail within 30 days of the response giving rise to such costs. The notice shall contain the following information: (1)

The name of the person(s) being held liable for the payment of such costs;

(2)

The address of the residence or other private property where the disturbance occurred;

(3)

The date and time of the response;

(4)

The law enforcement, fire or emergency service provider who responded;

(5)

The date and time of any previous warning given pursuant to section 46-52 and/or previous responses to disturbances at the residence or other private property in question within the previous 12 months; and

(6)

An itemized list of the response costs for which the person(s) is being held liable.

The responsible party must remit payment of the noticed response costs to the town within 30 days of the date of the notice. Any action to recover such costs will be brought in the name of the Town of Narragansett.

In addition to all other remedies provided for in this section, if a responsible party(s) fails to remit the costs assessed hereunder, said costs shall be certified to the tax assessor, who shall cause the costs to be added to the annual real estate tax bill for the property, and the certified costs shall be collected by the town collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs are not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.

(Ch. 952, § 1, 12-5-2011)

Sec. 46-55. - Appeals.#

Any person who has been assessed response costs pursuant to this article shall have the right to appeal the imposition of a response cost to the director of public safety or his/her designee. The responsible party shall request an appeal, in writing, within 30 calendar days after the date of the notice sent pursuant to section 46-54 hereof. The request for appeal shall identify and explain all reasons why the responsible party believes that the response cost should be modified. Any reason, basis, or argument for modification of response costs not set forth in the request for an appeal shall be deemed waived by the responsible party.

Upon receipt of a timely request for an appeal, the director of public safety or his/her designee shall arrange a time to meet with the responsible party. The responsible party shall be given written notice of the time and place of the meeting. At the meeting, the responsible party shall have the opportunity to further explain to the director of public safety or his/her designee the reasons or basis for a modification of the response cost as set forth in their request for appeal. The director of public safety or his/her designee shall, after considering the information presented by the responsible party, promptly determine in writing whether to confirm, modify or void the payment of the response costs contained in the notice.

(Ch. 952, § 1, 12-5-2011)

Sec. 46-56. - Reservation of legal options.#

Nothing in this article shall be construed as a waiver by the Town of Narragansett of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this article is in addition to any other statute, ordinance or law, civil or criminal. This article in no way limits the authority of peace officers to make arrests for any criminal offense arising out of conduct regulated by this article.

(Ch. 952, § 1, 12-5-2011)