Chapter 13. Alcohol Offenses and Imposition of Fee for Police Services

Sec. 4-13.01 Purpose and Findings.

The City Council of the City of Hercules does hereby find as follows: Inadequately supervised parties where alcohol is consumed by persons under the age of twenty-one (21) constitute a potential hazard for the partygoers and those who might come into contact with them. Further, the control of parties, gatherings, or events on private property is necessary when such activity is determined to be a threat to the peace, health, safety or general welfare of the public. Such parties often require multiple responses from police officers. Dispersing such parties and controlling participants causes a shift of police manpower and resources from other necessary police activities. The City ought to be able to recover the cost of subsequent responses from the responsible parties. (Ord. 320 § 1 (part), 1993)

Sec. 4-13.02 Definitions.

(a) “Party, gathering or event” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity, whether on public or private property.

(b) “Person responsible for the event” means every person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place; the person(s) in charge of the premises; and the person(s) who organized the event. If the person responsible for the event is a minor, then the parent or guardian of that minor will be jointly and severally liable for the costs incurred for police services pursuant to this Chapter. If the party, gathering or event occurs on public property owned by the City of Hercules, the persons responsible for the event shall not include City employees or appointed or elected City officials who are acting within the course and scope of their official public duties.

(c) “Police services” means the cost of police personnel and equipment used in a subsequent response, including the following: (1) the salaries, benefits and overhead attributable to the police officers to be charged at the hourly rates adopted from time to time by the City for the amount of time actually spent in responding to, or in remaining at, the party, gathering or event; (2) the actual cost of any medical treatment to injured officers; and (3) the prorated expense associated with the use of City equipment; and the cost of repairing any damaged City equipment or property.

(d) “Subsequent response” means any second or follow-up contact made by one or more police officers to the participants in a party, gathering or event, whether in person or by loudspeaker.

(e) “Threat to the public peace, health, safety or welfare” includes failure to immediately comply with a lawful order by a police officer, or failure to do one or more of the following after a lawful order by a police officer:

(1) Stop a fight between two (2) or more persons attending a party, gathering or event;

(2) Stop the disturbance of another by the making of loud or unreasonable noise by a person attending the party, gathering or event;

(3) Stop a person attending the party, gathering or event from using offensive words in a manner which is likely to provoke an immediate violent reaction;

(4) Stop a person attending the party, gathering or event from rioting or using force or violence;

(5) Stop a person attending the party, gathering or event from committing one or more specified unlawful acts;

(6) Stop the party, gathering or event or disperse the crowd. (Ord. 320 § 1 (part), 1993)

Sec. 4-13.03 Unlawful Gatherings on Public or Private Property.

No person shall permit, allow, or host a party, gathering, or event at his or her place of residence or other public or private location under his or her control where five (5) or more persons under the age of twenty-one (21) are present and alcoholic beverages are in the possession of, or being consumed by, any person under the age of twenty-one (21) years. A violation of this Section shall constitute a misdemeanor, punishable as set forth in Section 1-4.01 of this Code. (Ord. 320 § 1 (part), 1993)

Sec. 4-13.04 Police Services at Parties, Gatherings or Events Requiring a Subsequent Response.

When a party, gathering or event occurs on public or private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person responsible for the event will be held liable for the cost of providing police services during a subsequent response by the police, after a first warning to a person responsible for the event to control the threat to the public peace, health, safety or general welfare. The subsequent response may also result in the arrest and/or citation of violators under the California Penal Code, or other provisions of this Code. (Ord. 320 § 1 (part), 1993)

Sec. 4-13.05 Police Services Fee.

The police services fee shall include the actual cost of police services, as set forth in Section 4-13.02(c). The anticipated range of police services costs for a single party, gathering or event is from Seventy-Five Dollars ($75) to One Thousand Dollars ($1000). Nothing in this Chapter shall be interpreted as waiving the City’s right to seek reimbursement for actual costs, including those exceeding One Thousand Dollars ($1000) through all available legal remedies. The amount of the police services fee shall be deemed a debt owed to the City by the person responsible for the event and, if minors, their parents or guardians. Any person owing such fees shall be liable in an action brought in the name of the City for recovery of such fees, as well as court costs and reasonable attorney’s fees. (Ord. 320 § 1 (part), 1993)