Chapter 9.42
CHARGES FOR POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS
Sections:
9.42.020 Initial police responses to large parties, gatherings or events.
9.42.030 Subsequent police responses to large parties, gatherings or events – Liability.
9.42.050 Administrative appeal.
9.42.060 Effect on criminal prosecution.
9.42.005 General purposes.
The City Council finds and determines that large parties, gatherings or events on private property can constitute a threat to the peace, health, safety or general welfare of the public. Police officers have been required to make many return calls to large parties, gatherings or events in order to disperse unruly participants. Such return calls require significant police personnel and equipment. As a result, the Police Department’s ability to deter criminal activity is reduced due to the lack of police presence throughout the City and police resources are not available to quickly respond to other criminal activity. This chapter will assist the City in maintaining adequate levels of police protection throughout the City so as to maintain a safe community for our citizens. [Ord. 1184 § 1, 2006].
9.42.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:
“First response notice” means a notice issued by a police officer pursuant to this chapter advising a responsible person that a loud party or noise disturbance is taking place and that the disturbance must cease.
“Host” means a person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organizes the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the charge incurred for police services.
“Large party, gathering or event” means a group of 10 or more persons who have assembled or are assembling for a social occasion or for a social activity.
“Police services charge” means the charge to recover the cost to the City of any special security assignment. Such charge may be either a flat charge of (1) $500.00 for the first security assignment, (2) $1,000 for the second security assignment, (3) $1,500 for the third and any subsequent security assignment; or, as an alternative to the foregoing flat charge, an itemized charge based on, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing City equipment and the property, and the cost of any medical treatment of injured police officers.
“Special security assignment” means the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a first response notice to the host that a police services charge will be imposed for costs incurred by the City for any subsequent police response. [Ord. 1184 § 1, 2006; Ord. 1020 § 9.42.020, 1996].
9.42.020 Initial police responses to large parties, gatherings or events.
When any police officer responds to any large party, gathering or event, and the police officer encounters one or more persons who are causing an inordinate amount of noise or commotion or behaving in such a manner which constitutes a threat to the public peace, health, safety, or general welfare, the police officer shall issue a first response notice to the host or hosts. Such first response notice shall also advise the host that a subsequent response to that same location or address within a 10-day period shall be deemed a special security assignment rendered to provide security and order for the party, gathering or event and that the host shall be liable for a police services charge. [Ord. 1184 § 1, 2006; Ord. 1020 § 9.42.020, 1996].
9.42.030 Subsequent police responses to large parties, gatherings or events – Liability.
If after a first response notice is issued pursuant to LEMC 9.42.020, all subsequent police response or responses to the same location or address within a 10-day period shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services charge as defined in this chapter.
The amount of such charge shall be a debt owed to the City by the person or persons warned, and if the person is a minor, the debt shall be owed by his or her parents or guardians. In no event shall the charge be more than $1,500; provided, however, the City reserves its rights to seek reimbursements for actual costs exceeding $1,500 through other legal remedies or procedures. [Ord. 1184 § 1, 2006; Ord. 1020 § 9.42.030, 1996].
9.42.040 Cost collection.
The City Manager or designee shall notify the Director of Administrative Services in writing of the performance of the special security assignment, the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs thereof and such other information as may be required. The Director of Administrative Services shall thereafter cause appropriate billings to be made. In the event billings are not paid when due, the Director of Administrative Services shall have the authority to collect said billings through a small claims action or, based upon action of the City Council after noticed hearing, place the delinquent billing on the equalized tax roll for collection. [Ord. 1184 § 1, 2006; Ord. 1020 § 9.42.040, 1996].
9.42.050 Administrative appeal.
An administrative appeal of a police services charge may be made in the same manner as the appeal procedures set forth for administrative citation in Chapter 1.20 LEMC, Administrative Citation Procedure. [Ord. 1184 § 1, 2006; Ord. 1020 § 9.42.050, 1996].
9.42.060 Effect on criminal prosecution.
The provisions of this chapter are an additional authority for the regulation of loud or unruly disturbances, and shall supplement and not replace the enforcement of any other available law or ordinance of any type, including, but not limited to, ordering persons to immediately disperse along with the arrest or citation of violators of State of California law or any other regulation. [Ord. 1184 § 1, 2006].