(A) Purpose. It is the intent of the City Council, by the adoption of this section, to impose on and collect a fee from the person or persons in charge of or responsible for nuisance events or activities that generate extraordinary cost to the city over and above the cost of providing normal law enforcement services and police protection city-wide.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
NUISANCE EVENT. An event requiring special security assignment in order to protect the public peace, health, safety and welfare. A NUISANCE EVENT includes, but is not limited to, the following:
(a) Unlawful sale, possession, storage, delivering, giving, manufacture, cultivation or use of controlled substance;
(b) Prostitution or prostitution-related activity;
(c) Illegal gambling or gambling-related activity;
(d) Unlicensed sales of alcoholic beverages or unlawful sales or gifts of alcoholic beverages by an unlicensed person or underage consumption at a specific location;
(e) Loud and boisterous conduct, noises and activities that disturb the peace;
(f) Events between 11:00 p.m. and sunrise which disturb the peace and tranquility of the neighborhood;
(g) Congregating in a tumultuous, noisy or rowdy crowd;
(h) Fighting or use of obscene or inflammatory language;
(i) Loud music constituting a nuisance or disturbing the peace;
(j) Activities causing excessive pedestrian or vehicular traffic and parking problems and congestion;
(k) Indecent exposure or lewd conduct; and
(l) For the purposes of this section, the term
NUISANCE EVENT shall not include an event of domestic abuse, as that term is defined in M.S. § 518B.01, subd. 2(a), as it may be amended from time to time.
OWNER. A person or persons shown to be owner or owners of property on the property tax records of St. Louis County, Minnesota.
PERSONAL SERVICE. Service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient’s residence or place of business with a person of suitable age and discretion.
POLICE SERVICES FEE. A fee imposed for law enforcement services associated with a special security assignment. The fee may be either a flat fee of $250 or an additional amount of up to a total of $1,000 based on, but not limited to, salaries of police officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property and the cost of any medical treatment of injured police officers.
RESPONSIBLE PERSON. A person who owns the property where the nuisance event takes place, and/or a person in charge of the premises, and/or a person who organized or served as a host of the nuisance event. If the RESPONSIBLE PERSON is a minor, then the parents or guardians of that minor will also be considered responsible persons.
SPECIAL SECURITY ASSIGNMENT. The assignment of police officers, services and/or equipment during a second or subsequent response to a nuisance event at a particular location after the service of a written notice to the responsible persons that a police services fee may be imposed for costs incurred by the city for any subsequent police response at the location.
(C) Initial police response to nuisance event. When any police officer responds to any nuisance event and determines that there is a threat to the public peace, health, safety or general welfare, the police officer may serve a written notice by mail or personal services to the responsible person or persons that any subsequent police response to that same location or address within a 90-day period shall be deemed a special security assignment and that the responsible person or persons may be liable for a police services fee.
(D) Subsequent police responses; liability. If, within the period commencing 31 days after a written notice is served pursuant to this section, a subsequent police response or responses are necessary to the pursuant to this section, a subsequent police response or responses are necessary to the same location or address within a 90-day period for nuisance or nuisance related activity, a civil penalty may be assess against the building and collected as provided in this section. Nothing in this section shall be interpreted or construed to require the arrest or citation of any person for violations of federal, state or local laws or ordinances. The city reserves its rights to seek reimbursement for costs and damages not recovered by assessment against the building through other legal remedies and procedures. Responsible persons who had previously received a notice of warning shall be jointly and severally liable for a police services fee for a special security assignment. The city reserves its rights to seek reimbursement for actual costs and damages exceeding $1,000 through other legal remedies or procedures.
(E) Cost; collection. The Chief of Police shall notify the city’s Finance Director in writing of the performance of each special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed and the amount of the police services fee. If the police services fee is in excess of $250, the Chief of Police shall provide documentation to support the additional amount. The city’s Finance Director shall, thereafter, cause appropriate billings to be made and be responsible for the collection of the police services fee.
(F) Administrative appeal. An administrative appeal of a police services fee may be made to the Chief of Police or his or her designee within ten days from the date of mailing of the billing. The request for a hearing shall be in writing and addressed to the Chief of Police and shall include a copy of the billing and grounds for the appeal. The Chief of Police or his or her designee may excuse or modify the service fee upon a finding that the responsible person or persons had made a good faith effort to remedy the situation or that the nuisance event was not the fault of the person or persons filing the appeal.
(G) Applicability of section. This section shall not be deemed to authorize the imposition of a police services fee against a landlord for a police response initiated by a call from a tenant for police or emergency assistance in response to domestic abuse or any other conduct.
(Amended 9-24-2010)