Chapter 9.06 — UNRULY GATHERINGS

(A) To assist law enforcement officers in controlling unruly gatherings;

(B) To defray the cost of providing an emergency response during a second call to such gatherings; and

(C) To deter noisy or dangerous gatherings which are disturbing the public peace.

(D) This chapter shall have no application to assemblies, meetings, gatherings, demonstrations or marches supporting or espousing political, social, ethical, religious or other causes or beliefs, the expression of which is entitled to protection under the United States or State Constitution.

For purposes of this chapter the following words or phrases shall be defined as:

(A) An "unruly gathering" is a noisy or dangerous gathering of two or more persons which is disturbing the public peace.

(B) A "second call to an unruly gathering" is a second on-site visit to the premises by law enforcement officers which occurs after the initial response has been made to advise the person apparently in charge, or other person as provided in Section 9.06.060 of this chapter, that the gathering is unruly and informing such person of his or her liability under this section. Additional visits to the premises regarding the same unruly gathering shall be deemed second calls for the purpose of this section.

Ord. 98-04 § 1, 1998

Whenever law enforcement officers respond for a second time to

an unruly individual or gathering after responding within the previous thirty calendar days to an unruly individual or gathering, the law enforcement personnel making the second call are deemed to be providing special emergency security services the cost of which, shall be charged to the individual or individual responsible for the unruly individual or gathering as provided in this chapter.

Ord. 98-04 § 1, 1998

The charge for providing such services during a second call to an unruly

gathering shall be based on the hourly pay and benefit rates plus the established city administrative fee. The charge shall also include the cost of providing equipment and repairing or replacing damaged equipment. The charge for each call shall be the cost of providing the services, but no less than on hundred dollars nor more than five hundred dollars plus the cost of actual damage to city property. Additional calls to the same gathering shall be separately charged. The city council may approve a higher charge for a call if it is determined that additional costs were incurred.

Ord. 98-04 § 1, 1998

The person or persons in charge of the unruly gathering, and if occurring

on private property, the person or persons in charge of the property, shall be jointly and severally liable for the cost of providing the special emergency security services. The sheriff, or his designee, shall determine charges for a second call and bill the parties who are liable. Payment shall be within thirty days of mailing of the bill to the parties.

Ord. 98-04 § 1, 1998

No person shall be liable for charges unless such person has been informed

of their potential liability by a sheriff's deputy during the first call. The sheriff's department shall prepare a written document warning of potential liability under this chapter and during the first call to provide a copy thereof to each such person.

Ord. 98-04 § 1, 1998

Whenever a law enforcement officer responds for a

second time to an unruly individual or gathering, notwithstanding the time limitation of Section 9.06.030 of this chapter, if there has been a conviction of disturbance of the public peace under this code or Penal Code Section 415, within one calendar year of the second response then the cost of providing such services, which are deemed to be special security services, shall be charged to the individual or individuals causing the disturbance or the individual or individuals responsible for the individual or gathering as provided in this chapter.

Ord. 98-04 § 1, 1998

The foregoing charges are cumulative and shall not limit or replace other

remedies or penalties, civil or criminal.

Ord. 98-04 § 1, 1998

If the person liable is a minor, the parents or guardian

of the minor shall be responsible.

Ord. 98-04 § 1, 1998