(a) Purpose. This section is intended to protect the city from extraordinary operational and financial burdens resulting from the use of city resources in response to certain public safety incidents, demands for services, and criminal activity related to commercial promoter events in violation of this chapter. Emergency response cost recovery may only be used to preserve city resources and, to the extent permitted by law, allow emergency response cost recovery from the responsible party.
(b) Definitions. In this section:
(1) EMERGENCY RESPONSE means the provision, sending, or utilization of public service, police, firefighting, paramedics, rescue service, or any other agent of the city at a promoted event.
(2) EXPENSE OF AN EMERGENCY RESPONSE means the direct and reasonable costs incurred by the city, or by a private person, corporation, or other entity operating at the request of or direction of the city, through the extraordinary use of public services, when making an emergency response to the promoted event, including the costs of providing police, firefighting, paramedics, or rescue services at the promoted event. These costs further include but are not limited to all of the salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel responding to the incident; all salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel engaged in investigation, supervision, and preparation of post-incident reports; cost of equipment operation, cost of materials obtained directly by the city, cost of any labor or materials, and any property damage.
(3) RESPONSIBLE PARTY means:
(A) any person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, that did not use a commercial promoter registered with the city;
(B) a person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, with a commercial promoter registered without an approved safety plan or in violation of an approved safety plan; or
(C) a person that owns the property where the emergency response is necessary.
(c) Liability for expenses of emergency response. Any responsible party who is responsible for or contributes to any circumstance that results in an emergency response is liable for damages in the amount of the expense of the emergency response. The city may pursue cost recovery fees and expenses for an emergency response in connection with a promoted event that:
(1) is promoted by a person who is not registered as a commercial promoter with the city; or
(2) operates without an approved safety plan or in violation of an approved safety plan.
(d) Enforcement, billing, and collection of emergency response costs. Any responsible party who is liable for the expense of an emergency response will be in default if the responsible party fails to reimburse the city within 30 days of receiving notice of the expense of the emergency response. The city will pursue collection if the responsible party who is liable for the expense of an emergency response refuses to reimburse the city. (Ord. 32239 )