§ 94-155. Penalties.

1.

Violations of this Ordinance shall be punished as follows:

(a)

First Violation. Upon the first occurrence of a patently false report under this Ordinance where a public or law enforcement officer has been dispatched to private property on a nuisance service call, the Complaining Party shall be issued a civil fine in the amount of $500.00. The fine imposed takes into consideration the gross salaries, including all fringe benefits and overhead paid to the public or law enforcement officers responding, the cost of all equipment, including vehicles, used in responding to the nuisance service call, as well as, the impact upon the citizens of the County when public or law enforcement officers are called away from their legitimate duties to respond to nuisance service calls and the need to deter such conduct.

(b)

Second Violation. Upon the second occurrence of a patently false report under this Ordinance where a public or law enforcement officer has been dispatched to private property on a nuisance call, the Complaining Party shall be issued a civil fine in the amount of $1,000.00. The fine imposed takes into consideration the gross salaries, including all fringe benefits and overhead paid to the public or law enforcement officers responding, the cost of all equipment, including vehicles, used in responding to the nuisance service call, as well as, the impact upon the citizens of the County when public or law enforcement officers are repeatedly called away from their legitimate duties to respond to nuisance service calls and the need to deter such conduct. The manner in which the Complaining Party is notified of the civil fine shall be administered in the same manner as that for committing a first violation under this Ordinance.

In addition to the civil fine, the Complaining Party shall be placed on a Do Not Respond List for future non-emergency reports to the County for a period of one year from the date of the second patently false report violation. Any emergency calls for assistance from the Complaining Party concerning emergency matters involving public health, safety and/or welfare shall be responded to regardless of any prior false reports by that individual. Notwithstanding the foregoing, public or law enforcement officers may elect to investigate any and all such reports regardless of the fact that a Complaining Party's name may appear on the Do Not Respond List.

The Complaining Party may appeal the imposition of the civil fine and placement on the Do Not Respond List in the same manner provided for first violations of the Ordinance. Interest at the then current statutory rate will accrue on the unpaid civil fine from the date of issuance as allowed by law.

2.

Other Remedies. In addition to the foregoing, any violation of this Ordinance shall be deemed a nuisance per se, permitting the County, its officers, agents or any private citizen to take such action in any court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief.

(Ord. No. 2009-42, § 5)