Chapter 9.60 — LOUD PARTIES AND GATHERINGS

The purpose of this chapter is to provide for the recovery of costs incurred by the city as a direct result of multiple responses by city police to loud parties and gatherings on private property.

(Code 1969, § 9.60.010; Ord. No. 758, § 1(part), 2000)

Unless the context clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter:

Loud party or gathering means a party or gathering on private property that, due to unreasonable noise, interferes with the comfortable enjoyment of one or more neighboring properties.

Person responsible for the loud party or gathering includes all of the following:

(1)

The owner of the property where the loud party or gathering takes place;

(2)

The tenant of the property where the loud party or gathering takes place;

(3)

The organizer of the loud party or gathering.

Police services fee means the actual costs incurred by the city on the following items:

(1)

The services of city police arising from a second or subsequent response to a loud party or gathering at a particular location within a 12-hour period;

(2)

Injuries to city police arising from a second or subsequent response to a loud party or gathering at a particular location within a 12-hour period;

(3)

Damage to public property arising from a second or subsequent response by city police to a loud party or gathering at a particular location within a 12-hour period.

(Code 1969, § 9.60.020; Ord. No. 758, § 1(part), 2000)

City police initially responding to a loud party or gathering on private property may issue a written warning to the person responsible for the loud party or gathering. Such warning shall contain the substance of the following statement:

"If Barstow police are required to respond again to this location due to a loud party or gathering within the next 12 hours, then the person(s) responsible for such party or gathering shall be assessed a police services fee in accordance with Barstow Municipal Code chapter 9.60."

(Code 1969, § 9.60.030; Ord. No. 758, § 1(part), 2000)

(a)

If city police are required to respond to a loud party or gathering at a particular location for a second or subsequent time within a 12-hour period after a written warning has been issued pursuant to section 9.60.030, then for each such response a police services fee shall be assessed against the person responsible for the loud party or gathering. Each person responsible for the loud party or gathering shall be jointly and severally liable for the police services fee; provided, however, that if any such person is a minor, then the parents or legal guardians of such minor shall be jointly and severally liable in the minor's place.

(b)

An itemized bill shall be sent to every person assessed a police services fee. In no event, shall the amount of such bill exceed $1,500.00.

(c)

A police services fee shall be paid in full within 15 days of the billing date unless a written appeal is filed in accordance with section 9.60.050.

(Code 1969, § 9.60.040; Ord. No. 758, § 1(part), 2000)

(a)

Any person assessed a police services fee may, by filing a written request within 15 days of the billing date, appeal the amount of such fee to the city manager. The city manager shall conduct a hearing on timely-filed appeals, and may affirm or reduce the amount of the fee. No reduction shall be granted unless the appellant establishes either:

(1)

An accounting error has been committed; or

(2)

There are mitigating circumstances warranting leniency.

(b)

The decision of the city manager shall be in writing and shall be final. The full amount of any police service fee assessment upheld by the city manager shall be paid within 15 days of the city manager's decision.

(Code 1969, § 9.60.050; Ord. No. 758, § 1(part), 2000)

If the full amount of a police services fee is not paid in full within the time allotted, then the city may collect the debt through any available legal remedy.

(Code 1969, § 9.60.060; Ord. No. 758, § 1(part), 2000)

Nothing in this chapter shall be deemed to preclude city police from taking any action, including making arrests and issuing citations, necessary to abate any violation of law occurring at a loud party or gathering.

(Code 1969, § 9.60.070; Ord. No. 758, § 1(part), 2000)