Chapter 16.25
COST RECOVERY FOR POLICE SERVICES AT LARGE PARTIES
Sections:
16.25.010 Authority and purpose.
16.25.040 Noise restrictions – General.
16.25.050 Enforcement – First response – Notice of disturbance to host.
16.25.060 Notice of disturbance – Signature of host unavailable.
16.25.070 Public property rentals.
16.25.080 Enforcement – Second response – Special police assignment.
16.25.090 Second response – Recovery of costs authorized.
16.25.100 Collection of costs of special police assignment.
16.25.110 Joint and several liability.
16.25.120 Liability of occupant who is not owner.
16.25.140 Appeal – Hearing on statement of costs of abatement.
16.25.160 Notice of abatement lien.
16.25.010 Authority and purpose.
The city council finds that large or noisy parties on private property, ongoing or chronic disruptive disputes or activities on public or private property constitute a nuisance and such continued loud, unnecessary or disruptive noise may, on occasion, disturb the peace and quiet of any residential neighborhood thereby requiring law enforcement services over and above those normally provided. It is in the best interests of the public peace, health, safety, or general welfare of the city as well as in fairness to its citizens that the city requires those persons utilizing or requiring law enforcement services beyond those provided the public at large to defray the city’s expense for providing the same. (Ord. 817 § 1, 2009).
16.25.020 Definitions.
A. “Host” or “hostess” means any person conducting and/or permitting a party, including:
1. Owner(s) and/or lessee(s) of the property where a party is being given;
2. Person(s) hosting a party;
3. Person(s) receiving money or other consideration for granting access to a party;
4. Person(s) serving, furnishing or making available alcoholic beverages;
5. Parent(s) or legal guardian(s) of a minor who is also a host.
B. “Party” means a gathering, event or assemblage of a group of persons who have assembled or are assembling for a social occasion or for a social activity on private residential and/or commercial property including, but not limited to, residential dwelling units, saloons, bars, nightclubs, pool halls, restaurants, theaters or amphitheaters.
C. “Person” means any individual and includes a corporation, partnership, company, association, organization or league and any other entity which owns, leases or controls property. The term “person” includes person responsible for the event.
D. “Person responsible for the event” means the person who owns the property where the party takes place, the person in charge of the premises and/or the person who organized the event. If the person responsible for the event is a minor, then the parent(s) or legal guardian(s) of the minor will be jointly and severally liable for the costs incurred for the police services.
E. “Police chief” means the chief of police of the city of Bell Gardens or his designee(s).
F. “Police services fee” is a flat fee as specified in BGMC 16.25.080.
G. “Public nuisance” means behavior constituting a violation of the provisions of: (1) Chapter 11 of Title 7 of the California Penal Code, and (2) Section 407 or 415 of the California Penal Code, and (3) BGMC 16.24.040, or (4) noise that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in a residential area which disturbs the peace or quiet of any neighborhood.
H. “Residence” means a structure providing independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
I. “Residential area” means any area which is within 300 feet of any single-family or multifamily residence, other than commercial hotels, motels and similar establishments for temporary lodging, measured by a straight line between the closest structure wall of the residence and the location of the behavior described in subsection (G) of this section.
J. “Special security assignment” means the assignment of police officers in response to a return or second call to the same location after the distribution of a written warning that a party violates the law. (Ord. 817 § 1, 2009).
16.25.030 Exemptions.
The following acts or conditions are exempt from the provisions of this chapter:
A. Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school;
B. Outdoor gatherings, public dances and shows, which meet or exceed all security requirements which may be set forth as a condition for the issuance of a valid permit; provided, said events are conducted pursuant to a permit issued by the city of Bell Gardens pursuant to BGMC Title 5;
C. Any activity or noise for which a variance or permit has been granted pursuant to BGMC Title 9;
D. Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 817 § 1, 2009).
16.25.040 Noise restrictions – General.
A. It shall be unlawful for any person to conduct or allow to be conducted any party where there is loud and unreasonable noise if such noise is sufficiently loud and unreasonable in volume level, duration and character to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable person(s) of ordinary sensibilities.
B. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace shall be prima facie evidence of malicious and willful intent. (Ord. 817 § 1, 2009).
16.25.050 Enforcement – First response – Notice of disturbance to host.
A. The chief of police is directed to enforce the provisions of this chapter. Nothing herein shall affect the authority of the chief of police and his officers to make lawful arrests at any time, including on the first response to a disturbance constituting a nuisance as defined in this municipal code or pursuant to state law.
B. The first response and warning shall be deemed to be normal police service. On the first response to a disturbance, the Bell Gardens police department shall determine whether the disturbance constitutes a public nuisance as defined in this chapter and if said public nuisance constitutes an immediate threat to the public peace, health, safety or general welfare.
C. If officers determine that the disturbance constitutes an immediate threat to public health or safety, the officers, as an alternative to immediate arrest of the persons responsible for the public nuisance under this code or state law, may proceed as set forth in this subsection.
1. The officers shall advise the persons responsible for committing, creating, causing, maintaining or permitting the disturbance, the occupant of the property where the disturbance is located, if he is present, and/or the owner of the property if he is present that: (1) the disturbance constitutes a public nuisance and violates this section; (2) unless they voluntarily stop the disturbance, the officers will take appropriate action to stop it, including, but not limited to, arrest or citation of those violating the law; and (3) if the Bell Gardens police department is required to expend additional man hours and/or use equipment after the first response to stop the subsequent disturbance, the owner and the occupant of the property shall be held jointly and severally liable for the flat fee.
2. When police department personnel respond to a complaint involving a disturbance caused by a party, the responding officers shall issue a written notice to the host/hostess if such person(s) are available on the premises. The notice shall be read and signed by the available host/hostess acknowledging receipt of the warning, and a signed copy of the warning shall be left with the available host/hostess. A notice of first response of disturbance shall be in written form substantially as follows:
Notice of First Response – Disturbance
This NOTICE OF VIOLATION given to:
_______________ (name)
_______________ (DOB)
at _______________ (location)
_______________ (phone number)
on _______________ (date)
at ______________ (time) is the result of a disturbance in violation of: (1) Title 16, Chapter 25 of the Bell Gardens Municipal Code, (2) California Penal Code Section 407/415, or (3) Chapter 11 of Title 7 of the California Penal Code.
If it is necessary for the Bell Gardens Police Department to respond a second or subsequent time to the premises or location to stop similar or continuing disturbances at this location, the owner of the property and the occupant of the property may be assessed civil penalties. All violators of statutes or ordinances will be subject to arrest and/or citation.
_______________(time)
_______________(date)
_________________________
(Signature of host/hostess to whom notice is given – time – date)
_______________(time)
_______________(date)
_________________________
(Signature and badge # of police officer who issued notice – time – date)
A minimum charge of $75.00 shall be assessed if a second response is requested as a result of a disturbance at this location. (Ord. 817 § 1, 2009).
16.25.060 Notice of disturbance – Signature of host unavailable.
A. If no owner or adult person in charge of the premises can be identified at the time of the first response or is not available, the written notice required herein may simply be posted in any conspicuous, visible outdoor location near any entrance to the premises.
B. If the host/hostess and/or person(s) responsible for the event refuse to sign receipt of the notice, officers shall write the words “refused to sign” on the signature line. The host/hostess and/or person(s) responsible for the event shall be provided with a copy of the notice. Another copy of the notice shall be posted in a conspicuous, visible outdoor location near any entrance to the premises on each occasion the police respond. (Ord. 817 § 1, 2009).
16.25.070 Public property rentals.
If the location of the disturbance that requires police department response is a public building, then the responsible person for the purposes of this chapter will be the person renting the building. (Ord. 817 § 1, 2009).
16.25.080 Enforcement – Second response – Special police assignment.
A. If after a written notice is issued to the host a subsequent police response or responses is necessary to the same location or address within a 24-hour period, such response or responses shall be deemed a second response subject to a police services fee. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter.
B. The police services fee is as specified below. In addition, such costs may include damages to city property and/or injuries to city personnel. The determination of the type and amount of the police services fee to be levied shall be determined solely by the Bell Gardens police department.
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(1) A second police response within a 24-hour period to the location of the nuisance disturbance calls could result in a police services fee of ___________. |
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(2) A third police response within a 24-hour period to the location of the nuisance disturbance calls could result in a police services fee of ___________. |
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(3) A fourth police response within a 24-hour period to the location of the nuisance disturbance calls could result in a police services fee of ___________. |
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(4) A fifth and any subsequent police response within a 24-hour period to the location of the nuisance disturbance calls could result in a police services fee of ___________ for each police response. |
Notwithstanding the foregoing, a police service fee may not be assessed against any person under this chapter unless and until pre-approved by the patrol sergeant or the on-duty supervisor. (Ord. 817 § 1, 2009).
16.25.090 Second response – Recovery of costs authorized.
A. When a party occurs in violation of this chapter and a police officer, pursuant to BGMC 16.25.080, determines that there is a threat to the public peace, health, safety or general welfare, and that the disturbance continues to constitute a public nuisance, the host/hostess responsible for the event shall be held liable for the cost of the police services fee for the special security assignment by the police, at any time within 24 hours after a written warning is issued to control the threat to the public peace, health, safety or general welfare.
B. Notwithstanding any other provision of this chapter, the city shall be authorized to recover the police services fee, pursuant to the provisions of BGMC 16.25.080, when the Bell Gardens police department responds a second time within a consecutive 24-hour period to any party or other assemblage of persons within the city. In addition, the costs of such special assignment may result in a lien against the property on which the nuisance was maintained and shall be a personal obligation against the property owner as here set forth if:
1. The owner, host/hostess and/or other person in possession of the premises has, at the time of the first response, been delivered a written notice as previously described in BGMC 16.25.050; and
2. There is probable cause by police to believe that a violation of California Penal Code Section(s) 407, 415 or 416 or BGMC 16.25.040 has occurred on the premises anytime after first responding.
C. The amount of such fees charged shall be deemed a debt to the city, due and payable by the person(s) responsible for the disturbance and, if minors, their parent(s) or legal guardian(s). Any person owing money shall be liable to the city in any court of competent jurisdiction in an action brought in the name of the city for recovery of the amount of the costs billed in accordance with the provisions of this chapter.
D. The city does not waive its right to seek reimbursement for actual costs through other legal remedies or procedures available at law or in equity. The remedies provided by this chapter shall be in addition to any other remedies provided by law. (Ord. 817 § 1, 2009).
16.25.100 Collection of costs of special police assignment.
The costs provided in this chapter shall be collected in the following manner:
A. Copies of the initial first response warning, the second response voucher and any additional vouchers shall be forwarded to the Bell Gardens director of finance and administrative services where the cost of special security assignment services shall be computed and an amount assessed.
B. All fees shall be collected 30 days after the date of the invoice from the Bell Gardens director of finance and administrative services. (Ord. 817 § 1, 2009).
16.25.110 Joint and several liability.
If the owner and occupant of the property are different persons, they shall be jointly and severally liable for the amount set forth in the invoice. (Ord. 817 § 1, 2009).
16.25.120 Liability of occupant who is not owner.
If the owner of the property is not the occupant of the property and if the occupant of the property does not pay the amount set forth in the invoice within 30 calendar days after the invoice becomes final or the hearing officer confirms the invoice or after the invoice has been confirmed by the board of appeals, the director of finance and administrative services shall take appropriate steps to collect the amount set forth in the invoice from the occupant of the property, including causing a lawsuit to be filed on behalf of the city of Bell Gardens against the occupant for the amount set forth in the invoice. (Ord. 817 § 1, 2009).
16.25.130 Nonpayment.
When the full amount due to the city for second or subsequent response costs, as set forth in this chapter, is not paid by the person or persons responsible therefor within 30 calendar days of the date of the billing for such costs, the chief of police shall file with the city clerk a sworn or certified statement showing the amount of the civil fine, the date of the incident and the location of the property to which the response was made. The recordation of such a sworn or certified statement with the Los Angeles County recorder shall constitute a lien on the property. The remedy provided in this section shall not constitute an election of remedies by the city. (Ord. 817 § 1, 2009).
16.25.140 Appeal – Hearing on statement of costs of abatement.
A. The invoice shall notify the host or hostess that a hearing to respond in opposition to the proposed action shall be available if such written request is received by the chief of police within 30 calendar days of the billing for such posts. The request protesting payment shall be in writing, shall be signed by the appellant and shall set forth the facts and reasons upon which the appeal is based. The host shall be permitted to present any evidence or argument challenging the invoiced amount or liability for any amount.
B. If a written request protesting payment of the amount set forth in the invoice is received within 30 days, a reasonably impartial and involved reviewer (hereinafter referred to as hearing officer) shall conduct a hearing within an additional 60 calendar days after receipt of the written request protesting payment on a date set by the hearing officer. The city manager or his designee shall appoint a hearing officer who shall possess the authority to recommend a final disposition of the matter.
C. Said notice of the hearing shall be personally served if possible. If personal service is not possible, the notice of hearing shall be served to the owner of the property as shown on the latest equalized assessment roll and to the occupant of the property at the address of the property by certified mail, return receipt requested. All notices required under this subsection shall be served at least 30 days in advance of the hearing and shall contain a copy of all the charges, reports and documentation upon which the invoice is based.
D. At the time fixed for the hearing, the hearing officer shall consider the cost abatement statements, the protests and objections raised by the protesting party or parties, and shall hear the testimony of all competent persons desiring to testify pertaining to the costs of abating the public nuisance and any other pertinent matters, subject to reasonable limitations of cumulative testimony and other procedures as may be set forth.
E. The hearing officer may revive, correct or modify the invoice as he/she considers just and thereafter shall confirm the invoice. The hearing officer shall excuse the owner or the occupant of the property from payment of the amount set forth in the invoice if the hearing officer determines that the owner or occupant was not in possession of the property at the time of the disturbance or could not have reasonably prevented the disturbance, unless the person responsible for the disturbance was the minor child of the owner or occupant of the property. The hearing officer shall excuse the owner or occupant of the property from the payment set forth in the invoice if the hearing officer determines that the owner or the occupant took reasonable steps to stop the disturbance following the first response by the Bell Gardens police department.
F. The decision of the hearing officer shall be served by certified mail, return receipt requested, within 30 calendar days after the conclusion of the hearing. Upon mailing, the decision shall be final and is subject to city council review only.
G. The final decision of the hearing officer may be appealed to the city council by the owner or the occupant of the property or by any member of the city council. The city council shall constitute the board of appeals for any decision of the hearing officer. Notice of the appeal to the board of appeals shall be filed with the city clerk within 30 calendar days after the decision of the hearing officer is final. A late notice of appeal will not be considered. Questions raised during the appeal process to the board of appeals shall be limited to those issues raised in the notice of appeal as set forth in subsection (A) of this section. The board of appeals shall conduct a hearing within an additional 60 calendar days after timely filing of the notice of appeal with the city clerk. The board of appeals reserves the right to postpone a scheduled hearing upon good cause. The hearing officer shall give notice of the hearing by the board of appeals not less than 30 calendar days prior thereto.
H. The filing of a timely notice of appeal shall stay further proceedings until the board of appeals has made its determination.
I. The board of appeals may uphold, reverse or modify any final determination appealed from. The decision of the board of appeals shall become final and conclusive as to all matters in controversy upon service thereof by registered mail upon those persons aggrieved. Upon denial of an appeal, the appellant(s) shall have 30 days to pay the applicable response costs, or the city may commence proceedings to collect such sums as are due as provided by law and to place a lien upon the affected property. (Ord. 817 § 1, 2009).
16.25.150 Special assessment.
If the owner of the property does not pay the amount set forth in the invoice within 30 calendar days after the invoice becomes final or the hearing officer confirms the invoice, or after the invoice has been confirmed by the board of appeals, whichever is later, the city clerk shall order that the amount set forth in the invoice shall become a special assessment against the property on which the public nuisance was abated and that a notice of lien be filed. The assessment shall continue until it is paid, together with interest at the rate established by city council resolution, computed from the date of confirmation of the invoice until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and it shall be subject to the same penalties, procedures and sale in case of delinquency as provided for ordinary taxes. All acts applicable to levy, collection and enforcement of property taxes shall apply to this special assessment. (Ord. 817 § 1, 2009).
16.25.160 Notice of abatement lien.
In the event of an assessment pursuant to BGMC 16.25.150, the city clerk shall cause to be filed in the office of the county recorder a notice in substantially the following form:
Under the authority of California Government Code Sections 38771 through 38773.5, the City of Bell Gardens did on __________, 20_____, abate a nuisance upon the real property hereinafter described and then on __________, 20_____, did assess the cost of the abatement not to exceed $_____ upon the real property. The record owner of such property is _______________ (name and address). The City of Bell Gardens claims a special assessment on the real property for the cost of the abatement in the amount of $_____. This amount is a special assessment against the real property until it is paid, with interest at the rate of seven (7%) percent per year from __________, 20_____ (insert date of confirmation of invoice). The real property referred to above, and upon which the special assessment is claimed, is that certain parcel of land situated within the County of Los Angeles, State of California, more particularly described as follows:
_________________________
_________________________
(Ord. 817 § 1, 2009).
16.25.170 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Bell Gardens hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 817 § 1, 2009).