Chapter 9.19
POLICE SERVICES AT DISTURBANCES ON PUBLIC AND PRIVATE PROPERTY
Sections:
9.19.010 Findings and purpose.
9.19.040 Emergency services fee – Charge to absentee land owner.
9.19.010 Findings and purpose.
The city council finds and declares that:
A. The control of parties, gatherings, or events on public and private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public.
B. These parties, gatherings or events often pose a threat to the peace, health, safety and general welfare of the public.
C. Frequently police officers and other emergency services personnel have been required to make return calls to the location of a party, gathering or event in order to disperse uncooperative participants.
D. The return of police officers and other emergency services personnel to a location constitutes a drain of manpower and resources often leaving other areas of the city with reduced police protection.
E. The above conditions create a significant hazard to the safety of the police officers and other emergency services personnel, and to the public in general.
F. The citizens of Vacaville should not subsidize the costs of emergency responses in these situations and, thus, the city should seek reimbursement of all costs associated with multiple responses to a particular location from the person responsible for the event. (Ord. 1604 §2(part), 1998: Ord. 1402 § 1(part), 1989).
(Ord. 1635, Amended, 03/09/2000)
9.19.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Party, gathering or event” is a group of persons who have assembled or are assembling for a social or commercial activity or occasion that may be privately sponsored or open to the public at large.
B. “Person responsible for the event” is:
1. In the case of privately-owned property, the 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 organized the party, gathering or event; or
2. In the case of publicly-owned property, the person who organized the party, gathering or event.
3. In either case, if the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police and other emergency services.
C. “Police and other emergency services” include the salaries, benefits and administrative overhead of the police officers and other emergency personnel such as firefighters and paramedics, for the amount of time actually spent in responding to or in remaining at the party, gathering, or event consistent with the current pay scale of officers assigned to the party, gathering, or event; the actual cost of any medical treatment to injured employees; and the actual cost of repairing any damaged city equipment or property.
D. “Special security assignment” is the assignment of police officers and other emergency services personnel during a second call to a location after having given a warning to the person responsible for the event which violates the law. (Ord. 1604 §2(part), 1998: Ord. 1402 §1(part), 1989).
(Ord. 1635, Amended, 03/09/2000)
9.19.030 Police and other emergency services at large parties, gatherings or events requiring a second 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(s) responsible for the event, will be held liable for the cost of providing police and other emergency services for the special security assignment during a second or other subsequent response by the police, after warning the person(s) responsible for the event, to control the threat to the public peace, health, safety, or general welfare through controlling or disbursing the unruly crowd, event, or gathering. The return call, or second call, or other subsequent response may also result in the arrest and/or citation of violators of the state penal code or local regulations. (Ord. 1604 §2(part), 1998: Ord. 1402 §1(part), 1989).
(Ord. 1635, Amended, 03/09/2000)
9.19.040 Emergency services fee – Charge to absentee land owner.
A. An emergency services fee shall be charged to the person responsible for the event and such fee shall include the cost of all police and other city emergency services. The amount of such fees charged shall be deemed a debt of the person or persons receiving said services and, if minors, their parents or guardians, and is due and payable to the city. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees. The city may use any legal remedy or procedure to collect such fee.
B. The emergency services fee shall only be charged to an absentee landlord of private property if said property owner knew or should have known of the party, gathering or event given at their property or, more than thirty days prior to the party, gathering or event for which compensation for emergency services is being sought, written notice of an emergency services response to the property has been given by first-class mail to the property owner as shown on the last equalized tax roll, in which case the property owner will become jointly and severally liable with the tenant of the property or person responsible for the event for all subsequent costs related to activities covered by this chapter. (Ord. 1604 §2(part), 1998: Ord. 1402 §1(part), 1989).
(Ord. 1635, Amended, 03/09/2000)