The Kokomo Common Council gave final approval to an ordinance Monday aimed at limiting unnecessary calls to local police, a measure adjusted slightly from what was previously introduced by the council.
The amendment to the city’s existing nuisance ordinance regulates the number of times police can respond to nuisance calls before property owners could be assessed a fine.
Council members hope to limit police runs to incidents like noise or cleanliness complaints that could easily be handled by security at a big box store or apartment complex, or by a landlord and resident.
“If your neighbor’s got the music playing, don’t call the cops. Call the apartment manager,” said Common Council Vice President Mike Kennedy during the council’s informational session. “That is what this ordinance is trying to get done, is so the apartments can take care of their own issues like that.
“If it’s a criminal activity, call the police. That’s no different than you do today, or you should be doing today. But apparently we have to outline some of these things today because it’s not happening.”
The ordinance also focuses on big box stores like Walmart and Target, which council members say rely too heavily on police for incidents like verbal disputes and minor shoplifting.
“I think what’s happening today is that you have the big box stores and other places that are getting rid of their security and relying on the police department to answer to frivolous things,” said council member Bob Cameron after the first reading on April 11.
By definition, a chronic nuisance property is now defined as any commercial property that requires more than three police runs in a 30-day period for a theft less than $50 in value; any commercial, residential or residential rental property that receives three ordinance citations or verified complaints of nuisance activity in a 30-day period; and any apartment complex that receives five ordinance citations or verified complaints of nuisance activity in any 30-day period.
A verified complaint is defined in the ordinance as a “documented call … requiring sworn law enforcement personnel to be dispatched or caused to respond.” Nuisance activity will include noise complaints, verbal disputes, cleanliness complaints like bed bug infestation and a number of other non-emergency situations.
Responding officers will use their discretion when deciding to issue an ordinance citation, similar to the issuance of speeding tickets, according to council member Steve Whikehart.
Not included will be incidents that involve a victim of a crime, or any ambulance or medical service response. With that clause, the council is making clear that residents and business owners should call the police during any criminal situation, said Whikehart.
It is only during nuisance incidents that council members said residents, business owners and apartment personnel should take action, he noted.
During the council’s informational session, Whikehart pointed to local bars as an example of a nuisance violator, saying police shouldn’t act as security for bar owners dealing with inebriated customers.
But that doesn’t mean police aren’t needed at criminal situations, he continued.
“The biggest thing we don’t want people to be fearful of is to call 911 in the case of an emergency,” said Whikehart. “We don’t want anybody to ever think that if they call they are going to be in trouble if they actually know a crime is going on or if they are a victim of a crime.”
“If it’s a crime, it’s a crime. Period,” added Kennedy. “If they go and arrest someone for drugs, that does not go against the apartment owner.”
In relation to big box stores and the $50 limit, council attorney Corbin King said local police won’t ignore calls reporting shoplifting. Instead, a citation could be issued if police get to a store with no opportunity to apprehend a suspect.
“We’re not overlooking it, we’re just putting the onus of the security upon [big box stores] so we can better utilize our police department,” he said.
As Whikehart and King explained, the council doesn’t want police to serve as loss prevention for big box stores, specifically in situations where shoplifters are already driving away.
“They are out the door, and [big box store employees] are going, ‘We got somebody stealing.’ By the time police get there, there’s nobody there,” said King, referring to a situation where a minor shoplifting incident could result in an ordinance citation.
“What they should have probably done is take the license plate, called and said, ‘We got this. Can you help us, can you check?’ But to have them make a run out there when the car is already gone, that doesn’t make sense.”
However, if big box stores present police with a minor shoplifting situation where a criminal can be apprehended, the store will be considered a victim and the incident won’t be held against ownership, noted King.
King also said big box stores might implement internal procedures to generate paperwork that can be sent to a prosecutor without police involvement, a policy already in place at some stores.