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Any person convicted of a second or subsequent violation of this chapter within a 12-month period shall be civilly liable to the city for all emergency response costs incurred by the city arising out of the second or subsequent response to an unlawful gathering.
(Ord. 2447)
Where the chief of police determines that a second or subsequent response has been made to an unlawful gathering within the 12-month period following the initial response to an unlawful gathering at the same location, the chief of police shall assess an emergency response fee against any responsible person upon the person's second or subsequent violation of this chapter within a 12-month period.
Where two or more responsible persons are assessed an emergency response fee for the same unlawful gathering, all such persons shall be jointly and severally liable to the city for the full amount of such fee. In the event that the responsible person is a juvenile, then the parent(s) or legal guardian(s) of the juvenile shall be jointly and severally liable for the full amount of such fee.
(Ord. 2447)
Upon determining to assess an emergency response fee against a person responsible for an unlawful gathering, the chief of police shall cause notice of the assessment to be served on such person by depositing such notice in the United States mail, first class postage prepaid, to the person at the person’s last known address. Such notice shall contain the following information:
A. The name(s) of the person(s) liable for the emergency response costs;
B. The address of the residence or other private property where the unlawful gathering occurred;
C. The date and time of the second or subsequent response;
D. The law enforcement and fire personnel who responded to the second or subsequent response;
E. An itemized list of the emergency response costs for which the responsible person is liable; and
F. Notice of the right to an administrative review regarding the emergency response fee by the chief of police pursuant to section 9.31.130, provided that the responsible person files a written request for an administrative review no later than 15 days from the date the notice of assessment of the fee was mailed to such person.
(Ord. 2447)
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