§ 13-57.1. Use of police officers at large parties or gatherings requiring a second response.

(a)

Complaint and first response. After a complaint is received about a disturbing or disorderly party or gathering, police officers responding to the complaint must determine if there is, in fact, a threat to the public peace, health, safety or general welfare upon arriving at the location. If the party or gathering appears to be a disturbance, the resident or person in charge of the party, or other responsible person shall be informed of the disturbance, the complaint, and the fact that the disturbance must cease. Information shall be further conveyed that the party or gathering shall be allowed to continue so long as the disturbance which generated the complaint ceases. They should further be informed that any continuing disturbance which precipitates another call and a second response by the police will result in a charge to the responsible person for the cost of the police service. A "First Response Notice" should then be handed to the responsible party, preferably after it is signed but the signature is not mandatory.

(b)

Second response. If the police receive further complaints about the disturbance which requires a second response, the officers responding should again determine if there is a disturbance of the peace resulting from the party or gathering or if the complaint is unfounded. If a disturbance is occurring, the responsible party shall then be given a "Disturbance Violation Fee Notice," indicating that the City will bill the responsible party for the personnel and equipment costs, or other damage and expense, incurred as a result of the disturbance.

(c)

Responsible party. A responsible party is defined as the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor. If no responsible party is located on the premises, the responsible party is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. In such an instance, the responding officer(s) shall leave a copy of the "First Response Notice," as well as a copy of the "Disturbance Violation Fee Notice" if a second response is required, at the premises. Copies of these notice(s) must also be mailed to the property owner as determined from the Assessor's records.

(d)

Special security assignment. The police personnel utilized during a second response after the first warning, to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided.

(e)

Costs:

(1)

The costs of such special security assignment may include minor damages to City property and/or injuries to City personnel. A citation for a single incident violation of this section shall be issued to each violator imposing a fifty dollar ($50.00) fine payable through the Ordinance Violation Bureau as addressed in section 2-213 of this Code. The City reserves its legal options to elect any other legal remedies when the costs or damage exceed fifty dollars ($50.00).

(2)

All costs assessed hereunder shall be payable through the Ordinance Violation Bureau of the City of South Bend, and shall be deposited into the Law Enforcement Continuing Education Fund.

(f)

Timeliness of notice issuance. A "Disturbance Violation Fee Notice," issued hereunder, may be issued to a responsible party within twelve (12) hours of the issuance hereunder to that party of a "First Response Notice."

(g)

Enforcement nonexclusive of other remedies. The enforcement of this section shall not abrogate the responding officer's enforcement of any other local ordinances or State laws which may also be violated as a result of a loud party or gathering.

(Ord. No. 8079-90, § 1)