CHAPTER 10. POLICECHAPTER 10. POLICE\Article 3. Police Fees for Response to Parties

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

Host: The person who owns or is in possession of the property where the party, gathering or event takes place, or the person in charge of the premises, or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services.

Party, Gathering or Event: An event involving a group of persons who have assembled or are assembling for a social occasion or for a social activity.

Police Services Fee: The cost to the city of any special security assignment, including, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing city equipment and property, the cost of any medical treatment of injured police officers, and the cost of reasonable attorney fees.

Special Security Assignment: The assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the delivery of a written notice to the host that a fee may be imposed for costs incurred by the city for any subsequent police response.

(Code 2008)

When any police officer responds to any party, gathering or event, and that police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within 24 hours of the first response shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this article.

(Code 2008)

If, after a written notice is issued pursuant to section 10-302, a subsequent police response or responses is necessary to the same location or address within 24 hours of the first response, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this article.

The amount of the fee shall be a debt owed to the city by the person or person warned, and if he or she is a minor, his or her parents or guardians shall be jointly and severally liable for the debt.

(Code 2008)

The chief of police shall notify the city clerk in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs and such other information as may be required. The city clerk shall thereafter cause appropriate billings to be made.

(Code 2008)

Article 4. Reserve Officer Program

10-401.       Reserve officer program created.

There is hereby created and established within the Osborne Police Department a reserve officer program, the members of which shall be appointed by the Osborne City Council upon recommendation of the Chief of Police.

(Ord. 1032)

10-402.       Voluntary service; compensation.

Members of the reserve officer program shall serve on a voluntary basis without pay and within the corporate limits of the City of Osborne.

(Ord. 1032)

10-403.       Control by chief of police.

The Chief of Police shall be the commanding officer of the reserve office program and shall have complete control of the recruiting, assigning, training, stationing and direction of the members thereof.

(Ord. 1032)

10-404.       Rules, regulations, generally.

The Chief of Police shall, with the approval of the Osborne City Council Police Committee, formulate and prescribe the necessary rules and regulations for the conduct and control of the reserve officer program.

(Ord. 1032)

10-405.       Duties.

The members of the reserve officer program shall have police powers only when called on active duty by the Chief of Police. Members of the reserve officer program shall be ready at all times to assist the Osborne Police Department and its officers in periods of national, state or local emergency, riots, disasters, catastrophe or any other occasion when additional forces may be necessary or desirable as determined by the Chief of Police.

(Ord. 1032)

10-406.       Operating funds.

The City is hereby authorized to expend funds from any legal available source for the operation and expenses in the maintenance of the reserve officer program.

(Ord. 1032)

10-407.       Nonliability of city.

The City shall not be liable for any injuries and/or property damage occurring to members of the reserve officer program, whether such injuries and/or property damage occurred while such members are acting as members of the reserve officer program or while they are off duty. The City may, however, provide such members insurance or other benefits as it deems advisable, but shall not thereby waive its immunity as first above provided.

(Ord. 1032)

10-408.       Tenure of members.

The appointment of any member of the reserve officer program may be terminated at any time by the Osborne City Council or the Chief of Police.

(Ord. 1032)