(A) Findings and purpose. The governing body of the City of Vermillion finds and declares that:
(1) The control of a party, gathering, or event on private property becomes necessary when such activity threatens the peace, health, safety or general welfare of the public and the same is hereby declared to be a public nuisance.
(2) When a party, gathering, or event threatens the peace, health, safety and general welfare of the public, police officers are required to make calls and occasionally return calls to the location of the party, gathering or event in order to restore peace, health, safety or general welfare of the public, investigate violation of state laws and city ordinance and regulations, issue citations or make arrests, and/or disperse participants.
(3) The calls and return calls of police officers to such a party, gathering or event constitutes a drain of manpower and resources, often leaving other areas of the city without police protection. Police officers may be required to respond from off-duty status or extend work duty shifts due to these calls.
(4) The above conditions create expense and pecuniary damage to the city and a significant hazard to the safety of the police officers and to the public in general. When such pecuniary damage results, the public, taxpayers and city become victims of the person or persons responsible for the party, gathering or event.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARTY, GATHERING, OR EVENT. A group of persons who have assembled or are assembling for a social occasion or for a social activity.
PERSON RESPONSIBLE FOR THE EVENT. The person:
(a) Who owns the property where the party, gathering or event takes place;
(b) Who is in charge of the premises; and/or
(c) Who organized the event.
POLICE SERVICES. Includes the wages of police officers for the amount of time consumed responding from (a) off-duty status or (b) on-duty status if work duty shift extension results and that time is attributable to responding to or remaining at the party, gathering, or event. Wage rate or overtime rate will be that established by the governing body of the City of Vermillion, fringe benefit costs, the actual costs of any medical treatment to injured officers, and the costs of repairing any damaged city equipment or property.
(C) Police services at parties, gatherings or events. When a party, gathering, or event occurs on a private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person or persons responsible for the event may be held jointly and severally liable for the costs of police services and if a person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs of police services.
(D) Noise probation.
(1) When a party, gathering, or event has occurred on private property and a police officer has determined that there is noise ordinance violation occurring at the premises, a police officer may issue and serve upon the person or persons responsible a “Notice of Noise Probation” in substantially the following form: “You are hereby notified that this premises (describing it) has been placed on noise probation. Please be advised that any further complaints of excessive noise or disturbances at this premises within a period of 6 months from the date hereof may result in arrest, fines or recovery of costs of police services necessary in responding to the complaint or all of these consequences. Your cooperation in this matter is appreciated.”
(2) If within a period of 6 months thereafter another incident of like kind and nature does occur at that premises requiring police services, the person or persons responsible may be subject to citation, arrest, fines or liability for damage in an amount equal to the costs of police services or both.
(E) Record of police services. The Chief of Police is directed to prepare and maintain a record of the costs of police services rendered within the scope of this section and promptly to present the record to the Clerk of Courts for imposition as restitution per SDCL Ch. 23A-28 and further appropriate action.
(F) Debt created. The costs of police services rendered within the scope of this section and for the purposes therein mentioned are hereby declared to be a debt against the person or persons responsible for the party, gathering or event, as well as the property where it occurred, and may be recovered as restitution in an ordinance violation proceeding or other action by the city against such persons or property, including § 90.20 nuisance abatement cost assessment procedures.
(1975 Code, § 18-4) (Ord. 927, passed 4-17-1989; Am. Ord. 1198, passed 10-20-2008)
Statutory reference:
Authority of city to operate jail, see SDCL §§ 9-29-24 and 9-29-25
Duty to appoint Chief of Police, see SDCL § 9-14-3
Law governing municipal police, see SDCL § 23-1A et seq.