Arroyo Grande Municipal Code Art. 2 Party Second Response Fee

Notwithstanding any other provisions of this code, when a party, gathering, or unruly assemblage occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, the parents or guardians of that minor, shall be held jointly and severally liable for the cost of providing police personnel on a special security assignment over and above the services normally provided by the department.

(Prior code § 5-18.01)

When a police officer determines that a party or gathering is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written warning to the person responsible for control of the location of the event or, if either of those persons is minor, the parents or guardians of that minor.

(Prior code § 5-18.02)

The written warning shall state that if police department personnel are required to return to the location of the party or gathering within a twenty-four (24) hour period and the responding personnel determine that the subsequent event is a threat to the public peace, health, safety, or general welfare, each such response shall constitute the provision of specialty services. The warning shall state that the person receiving the warning shall be charged for the cost of the city providing such special security services for the event.

(Prior code § 5-18.03)

The costs of providing these special security services shall include all reasonable costs incurred by the city attributable to the subsequent response to the party or gathering, including but not limited to salary and applicable benefits of city personnel, use of and/or damage to city equipment, treatment of injuries to city personnel, and/or administrative costs necessary to process, bill, and collect service charges.

(Prior code § 5-18.04)

The collection costs for these special security services shall not be in excess of one thousand dollars ($1,000.00), for each subsequent response or as specified in Section 53155 of the California Government Code. The city shall have the option to pursue any other legal remedies for recovery when such costs exceed one thousand dollars ($1,000.00) per response.

(Prior code § 5-18.05)

The invoice shall notify the responsible party that a right to present any evidence or argument challenging the invoiced amount shall be available if such request is received by the police department within ten (10) days of the date the notice is mailed. The police department shall hold a hearing within ten (10) days of the request and shall uphold, reject or modify the invoice costs.

(Prior code § 5-18.06)

The amount of such costs charged shall be deemed a debt owed to the city by the person or persons responsible for use of the special security services. If the persons responsible are minors, the debt shall be charged to the parents or guardians of the minors. Any person required to pay such costs shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorney's fees.

(Prior code § 5-18.07)