(A) (1) A second or subsequent response by police personnel within 30 days of the first response, to a location at which there was a violation of this subchapter, shall cause all persons responsible for such response to be jointly and severally liable for the cost thereof. A second or subsequent response to such an incident is an emergency response inasmuch as such response requires immediate action in order to safeguard the public health, welfare, and safety of the residents in the neighborhood where such violation is occurring.
(2) The person responsible for the party, and/or in charge of the premises at which the noise originated, shall be deemed liable for the cost of the second police response. If either of those persons is a minor, the parents or guardians of that minor shall beheld jointly and equally liable for such costs.
(B) The costs of any second or subsequent police response shall include all reasonable costs incurred by the city in responding to the party location. Costs shall include, but are not limited to, salary and benefits of the city personnel, use of and/or damages to city equipment, treatment of injuries to city personnel, and administrative costs incurred to process, bill, and collect appropriate costs of police response. It is hereby stipulated that the expense to the city for each hour or portion thereof which is used in responding to a violation of the provisions of this subchapter is reasonably expected to be $25 per person responding.
(C) An invoice shall be prepared and sent to the responsible party notifying such persons or persons of the specific charges for all reasonable costs incurred by the city attributable to the second police response. The responsible person or persons shall have a right to present any evidence or argument challenging the invoiced amount within ten days of the date the invoice was mailed. All challenges shall be made to the City Manager of the city or his or her designee.
(D) The amount of all reasonable costs incurred by the city shall be deemed a debt owed to the city by the person or persons liable for such costs pursuant to division (A) of this section.
(E) If the persons liable for such costs pursuant to division (A) of this section are minors, both the minor and the parents or guardians of such minor are jointly and severally liable for the costs of the second response. Any person liable for such second response costs pursuant to this section shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorney's fees.
(F) The liability imposed by this section for second response shall be in addition to any fines, penalties, or forfeitures imposed for violation of any of the provisions of the city code of ordinances.
('74 Code, § 132.58) (Ord. 94-1121, passed 10-4-94)