THE CITY OF
ORDINANCE NO. G-07-25
FOR
THE PURPOSE of amending the Code of the City of
BY ADDING Section 15-46 entitled “Excessive
use of police services”
WHEREAS, The City of Frederick has
established and maintains the Frederick Police Department to provide
professional police services to the residents of the City; and
WHEREAS, properties requiring an
inordinate number of calls for police service adversely impact the efficient
operation of the Frederick Police Department, to the detriment of the safety
and welfare of the residents of The City of Frederick; and
WHEREAS, the Mayor and Board of Aldermen find that it is in the best
interests of the residents of The City of Frederick to establish a mechanism to
assess monetary penalties against properties to which officers of the Frederick
Police Department are called excessively; and
WHEREAS, the Mayor and Board of Aldermen
find that this ordinance is a reasonable means of addressing the problem of
excessive use of police services and that the charges set forth herein will
help offset the costs incurred by the Frederick Police Department and will
encourage responsible property ownership.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF
ALDERMEN OF THE CITY OF
Sec. 15-46. Excessive
use of police services.
(a) Definitions. In this section the following words have the
meanings indicated unless a different meaning is clearly intended from the
context.
Department means the Frederick Police Department.
Disturbance means any of the following conduct,
when engaged in by a property owner, operator, manager, resident, occupant, tenant,
guest, visitor, or invitee, or an agent or employee of any of the foregoing persons.
Alcoholic Beverage violation, including but not limited to
public consumption, as defined in Title 10, Subtitle I of the Criminal Law
Article of the Annotated Code of Maryland;
Disorderly conduct, as defined in Title 10, Subtitle II of
the Criminal Law Article of the Annotated Code of Maryland;
Disturbing the peace, as defined in Title 10, Subtitle II of
the Criminal Law Article of the Annotated Code of Maryland;
Excessive noise, as prohibited by
Section 15-21.2 of the Frederick City Code;
Littering, as defined in Title 10 of the Criminal Law
Article of the Annotated Code of Maryland;
Improperly parking a vehicle in violation of the Frederick
City Code;
Possession of a barking or howling animal, as prohibited by
Section 3-27 of the Frederick City Code;
Possession or distribution of a controlled dangerous
substance, as defined in Title 5 of the Criminal Law Article of the Annotated
Code of Maryland;
Prostitution, as defined in Title 11 of the Criminal Law
Article of the Annotated Code of Maryland;
Public urination or defecation;
Indecent exposure, as prohibited by Title 11 of the Criminal
Law Article of the Annotated Code of Maryland.
Mixed Use Property means a lot used for nonresidential
and residential purposes.
Multifamily Residential Property means a lot used for residential
purposes and comprised of ten or more dwelling units.
Nonresidential
Property means a lot that is not used for residential purposes.
Private Property includes any residential, mixed use, multifamily residential,
or nonresidential lot within The City of Frederick, but does not include any
lot owned by a local, state, or federal government agency.
Property Owner means a person holding legal title to a private property
within The City of Frederick.
Residential Property means a lot used for residential purposes and
comprised of fewer than ten dwelling units.
(b) Responsibility for Qualifying
Calls.
(1) Owner Responsible. A property owner is hereby deemed
responsible for the generation of qualifying calls for police services to the
owner's property in excess of the minimum number of qualifying calls permitted
under this section.
(2) Determination of Qualifying Call.
A call for
police services is deemed to be a qualifying call if:
(A) The call
is in response to a disturbance, as defined in this section;
(B) The call
results in the dispatch of a sworn officer of the Department to a private
property; and
(C) The call
results in a determination by a sworn officer of the Department, based on the
officer's personal knowledge or on an affidavit by a witness, that a
disturbance actually did occur or is occurring.
(c) Probationary Nuisance
Status.
(1) Warning. Subject to subsection (c)(6), after the
number of qualifying calls specified in this subsection (c)(1) has been made
with regard to a property within any six-month period, the Department will
issue the property owner a written notice warning that the property is
approaching probationary nuisance status.
TYPE OF PROPERTY NUMBER
OF QUALIFYING CALLS
Nonresidential or Mixed
Use 10
Residential 5
Multifamily Residential 10
(2) Placement on Probationary Nuisance Status. Subject to subsection (c)(6), after the minimum number of
qualifying calls specified in this subsection (c)(2) has been made with regard
to a property within any six-month period, the Department will place the
property on probationary nuisance status.
TYPE OF PROPERTY MINIMUM
NUMBER OF QUALIFYING CALLS
Nonresidential
or Mixed Use 20
Residential 10
Multifamily Residential 25
(3) Multiple Calls on
Same Day. In calculating the number of
qualifying calls, the Department may count separate qualifying calls occurring at
different times on the same day.
(4) Multifamily Residential Properties.
In calculating the number of qualifying calls for a multifamily residential
property, the Department may count any qualifying call made to any dwelling
unit or other area on the property.
(5) Probationary Status Period. Subject to subsection (c)(6), a property that
is placed on probationary nuisance status will be removed from such status once
the property has had no qualifying calls for a continuous period of twelve
months.
(6) Transfer of Ownership. When legal title to a private
property is transferred, any qualifying calls counted for the previous property
owner prior to the property being placed on probationary nuisance status will
be voided, and the qualifying call count will begin again for the new property
owner. A property that has been placed
on probationary nuisance status will be removed from probationary nuisance
status when legal title to the property is transferred. Any charge assessed against a property
pursuant to subsection (e) of this section is the responsibility of the person
who owned the property at the time of the qualifying call giving rise to the charge.
(d) Procedure.
(1) Notice. After the Department determines that a property
is on probationary nuisance status, the Department shall issue the property
owner a written notice including the following:
(A) A street address or legal
description sufficient to identify the property, including apartment or unit
number if any;
(B) Date and brief description of every
qualifying call giving rise to the probationary nuisance status;
(C) A statement that the property has
been placed on probationary nuisance status due to the excessive police calls;
(D) A
statement describing the charges that may be imposed against the property for
qualifying calls occurring while the property is on probationary nuisance
status and explaining that unpaid charges constitute a lien on the property;
and
(E) A notice
of the property owner's right to appeal the probationary nuisance status to the
Excessive Use of Police Services Board.
(2) Appeal.
In accordance with subsection (h), a property owner may appeal the
placement of property on probationary nuisance status within 30 days of the
date of the written notice described in subsection (d)(1).
(e) Assessment of Charges.
(1) Amount of Charges. Once a property is placed on probationary
nuisance status, The City of Frederick shall assess a charge against the
property in accordance with the following:
First Qualifying Call (after placement on probationary
nuisance status) - $100
Second Qualifying Call (after placement on probationary
nuisance status) - $250
Third or Subsequent Qualifying Call (after
placement on probationary nuisance status) - $500
(2) Notice. For each charge
assessed under this subsection, The City of Frederick will issue a written
notice to the property owner.
(3) Collection. In accordance with Section 1-9 of the Frederick City Code, a charge may
be collected in the same manner as municipal taxes are collected.
(4) Appeal.
In accordance with subsection (h), a property owner may appeal the assessment
of a charge within 30 days of the date of the written notice described in
subsection (e)(2).
(f) Notice – Method of Service. Any notice required by this section is deemed to be properly
served if a copy thereof is:
(1) Delivered
personally to the property owner; or
(2) Regular
Mail and Posting. Posted in a
conspicuous place on or about the property affected by the notice and sent by
first-class mail to the mailing address of the property owner on file with the
Maryland Department of Assessments and Taxation.
(g) Excessive Use of Police Services
Board.
(1) Establishment and Membership.
There is
hereby created an excessive use of police services board, comprised of the
following members:
(A) The Chief of Police or the Chief's
designee;
(B) A professional member of the
property management profession appointed by the Mayor, with the advice and
consent of the Board of Aldermen, for a term of two years; and
(C) A resident of The City of Frederick
appointed by the Mayor, with the advice and consent of the Board of Aldermen,
for a term of three years.
(2) Duty. The Excessive Use of Police Services
Board shall hear appeals of actions of The City of Frederick in accordance with
subsection (h) of this section
(h) Appeals
(1) Filing. A property owner wishing to appeal
the action of The City of Frederick pursuant to subsection (c) or (e) of this
section must file a written notice of appeal with the Department. The notice of appeal must be on a form
provided by the Department and must include a statement of the grounds for the
appeal. Failure to timely file an appeal
renders The City of Frederick's action final.
(2) Schedule of Hearing. Upon the filing of a timely and
proper appeal, the Excessive Use of Police Services Board shall schedule a
hearing to take place within 45 days after the date of filing of the appeal.
(3) Hearing Procedure. At the hearing scheduled in accordance with
subsection (h)(2) of this section, the property owner may
present witnesses and other evidence and may cross-examine witnesses.
(4) Decision. No later than ten days after the conclusion
of the hearing, the Excessive Use of Police Services Board shall issue a
written decision affirming, modifying, of reversing the action being
appealed. In affirming or modifying the
action, the Excessive Use of Police Services Board may reduce the amount of the
charge assessed upon finding that mitigating circumstances justify the
reduction. In reversing the action being
appealed, the Excessive Use of Police Services Board shall order that any
applicable charge assessed by the City be nullified.
(5) Appeal to Circuit
Court. Any person aggrieved by a
final decision of the Excessive Use of Police Services Board may appeal the
decision, no later than 30 days after its issuance, to the Circuit Court for
Section 2.
In the event any provision, section, sentence, clause or part of this
ordinance shall be held to be invalid, such invalidity shall not affect or
impair any remaining provision, section, sentence, clause or part of this
ordinance, it being the intent of The City of Frederick that such remainder
shall be and shall remain in full force and effect.
Section 3.
This
ordinance shall take effect as of the date of its passage and all other
ordinances or parts of ordinances inconsistent with the provisions of this
ordinance will as of that date be repealed to the extent of such inconsistency.
APPROVED:
December 6, 2007 PASSED: December 6, 2007
____________________________ _______________________________
WILLIAM J. HOLTZINGER,
Mayor WILLIAM J. HOLTZINGER, President
Board
of Aldermen
Approved for Legal Sufficiency:
____________________________
Legal Department