Adelanto Municipal Code Ch. 9.75 Responding to Disorderly Gatherings

A. The City Council finds that certain public and private gatherings (or parties) that are excessively loud and/or disorderly and disturb the public peace interfere with the public peace and safety when they require repeated police responses, increase the cost of public safety services and deter the Police Department and the City from addressing other urgent public safety matters.

B. The City Council further finds that the additional procedures and penalties established herein are needed to properly protect the health, safety and general welfare of existing and future residents and workers in the City.

For the purposes of this Chapter, the following definitions shall apply:

A. “Person Responsible” - The person responsible for a loud and/or disorderly gathering or party shall be deemed to be, in order of priority:

1. The owner(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are owner-occupied property;

2. The tenant(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are tenant-occupied property;

3. The person(s) responsible for organizing the loud and/or disorderly gathering or party. If the person is a minor, then the parent(s) or guardian(s) of that minor will be jointly or severally liable for reimbursement of the law enforcement expenses and any other public safety expenses incurred.

B. “Loud and/or Disorderly Gathering or Party” - A loud and/or disorderly activity attended by a group of persons on public or private property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

C. “Special Security Assignment” - The assignment of police officers and other public safety service (law enforcement) personnel during a second or subsequent call to a location after providing a warning that the loud and/or disorderly gathering or party violates the law.

Each person who sponsors a gathering or party, or who allows his or her property to be utilized for a gathering or party, shall maintain such in a quiet or orderly fashion so as to protect the public peace. Violation of this duty constitutes a public nuisance in accordance with Chapter 8.25 of this Code.

When a loud and/or disorderly gathering or party occurs, the person or persons responsible will be held jointly and severally liable for payment of the public safety service expenses for Special Security Assignment(s).

For the purposes of this Chapter, the City’s Finance Department shall cause the person responsible for a loud and/or disorderly gathering or party to be billed the actual cost for the police services provided in responding to the disturbance and any other City and/or public safety expenses incurred (these costs shall include, but shall not be limited to, damages to City property and/or injuries to City personnel, and City administrative costs). The Police Department shall accumulate the costs of all services provided in responding to the disturbance and forward same to the Finance Department within fifteen (15) days of the disturbance for billing. Such bills shall be due and payable by the person who sponsored the gathering or party within thirty (30) days after the billing date.

Any person receiving a cost recovery fee bill for public safety services pursuant to this Chapter may, within fifteen (15) days after the billing date, file with the City Clerk a written request appealing the imposition of such charges. Any billing sent pursuant to this Chapter shall inform the billed party of the right to appeal said billing. All appeals shall be made in writing, shall state the grounds for such appeal, shall specify the factual basis for the appeal and shall contain a signature verifying the truth of all matters asserted. Any appeal regarding such billing shall be heard by the City Manager, or by his or her designee, as the hearing officer. Notice of the hearing shall be sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed, then the City shall send the mail via first class postage prepaid mail and such mailing shall be deemed actual service). Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer is sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed, then the City shall send the mail via first class postage prepaid mail and such mailing shall be deemed actual service). The decision of the hearing officer may be appealed to the City Council pursuant to the procedure set forth in Section 8.25.090 of this Code. If such decision is not appealed, then the decision is final.

All amounts due under this Chapter shall be a debt to the City by the property owner and all persons responsible for the loud and/or disorderly gathering or party and is payable pursuant to California Government Code Sections 6151.5 et seq.