POLICE DETAILS WHEN DEEMED A PUBLIC NUISANCE

The section below is direct out of Hartford's municipal code. The calls for service at 3340 Main Street seem to be exactly what this ordinance was passed for. Why not start enforcing it? It is definitely a matter of Public Safety

 

Sec. 29-17. - Public safety police detail for places of public amusement and extended hours business premises.

(a)

The city has experienced significant problems with security and illegal activity within and surrounding various businesses operating as places of public amusement, extended hours convenience stores and other businesses open between the hours of 11:30 p.m. and 5:00 a.m. for several years including but not limited to problems with loitering, the illegal sale of narcotics, fighting and other physical altercations and other serious criminal activity.

(b)

This article is intended to aid in preventing crimes and nuisance, to secure for the citizens of and the visitors to the city the general welfare, public order, safety and peace, to protect employees of businesses such as those described herein and the consumer public at such businesses, and to establish security standards for such businesses that are uniform throughout the city.

(c)

The city now declares, in order to permit the development and implementation of reasonable controls that will effectively protect the public, businesses such as those described herein and their patrons, that this article be enacted.

(1)

The chief of police shall review all incident reports for property locations to which public safety personnel reported or were summoned or for which a complaint was filed with the police department for any loud, disturbing, illegal or violent conduct at any place of public amusement, extended hours convenience stores or any other business open between the hours of 11:30 p.m. and 5:00 a.m. ("premises"). Such incident reports shall contain the name and address of the premises and the name of the permittee(s) or owner(s) in charge of the premises.

(2)

The chief of police shall review such incident reports together with any other reliable information available to him/her concerning the premises. After such review, the chief of police shall determine whether the public safety of the patrons, invitees, employees or the general public require the deployment of a police detail to the premises.

(3)

For purposes of determining whether to deploy a police detail, the chief of police shall consider, but not be limited to the following factors in making such a determination:

a.

The nature, scope, and seriousness of the incident(s);

b.

The occurrence of violence and whether physical injuries resulted;

c.

Historical information regarding the premises and the owner(s) or permittee(s) with respect to similar incidents;

d.

The level of cooperation or lack of cooperation from the owner(s) or permittee(s) of the premises in addressing or correcting incident(s); and

e.

The benefit to the public's safety of deploying a police detail to the premises.

(4)

In the event it is determined that a police detail is necessary for public safety purposes the permittee(s) or owner(s) in charge of the premises will upon notice be required to pay the cost to the city of each police detail officer, in a number determined by the chief of police, as well as any necessary expenses incurred by the police department for providing such services. Said police detail shall initially be required for no more than four (4) weeks. After said period, the chief of police shall review the situation and any new information available to him/her. The chief of police may revise the number of detail police officers required or may terminate the requirement for police detail. The chief of police shall continue this four-week review cycle until such time as he/she determines that a police detail is not necessary.

(5)

Prior to any determination by the chief of police of the necessity for a police detail, he or she shall notify the permittee(s) or owner(s), in charge of the premises, in writing, via in hand delivery or via certified mail mailed to the premises, and shall offer the permittee(s) or owner(s) an opportunity to present any evidence within ten (10) business days which he or she believes is relevant to the decision of whether to order a police detail.

(6)

Upon determination that a police detail is so ordered, failure of any permittee(s) or owner(s) to promptly pay in full for a police detail or to abide by the decision of the chief of police shall be forthwith punishable by way of police action temporarily closing the premises and subject the permittee(s) or owner(s) to additional costs, legal fees and interest. The chief of police shall also report such failure to pay for police detail or to comply with orders or directives of the chief of police to the division of licenses and inspections for immediate action pursuant to section 21-9 of this Code suspending or, as appropriate, terminating both the permit or license to operate, where applicable.