Burbank Municipal Code Art. 13 Police Services at Parties, Gatherings or Events on Private Property

5-3-1301: PURPOSE AND FINDINGS:

A. Purpose: The purpose of this article is to require the person or entity who owns the property where the party, gathering, or event takes place to be responsible for the costs of police services necessary at such party, gathering or event under certain circumstances.

B. Findings:

1. The control of parties, gatherings or events on private property is necessary when such continued activities are determined to be a threat to the peace, health, safety or general welfare of the public.

2. Police officers have been required to make as many as three (3) return calls to a location of a party, gathering or event in order to disperse uncooperative participants, and the return of police officers to a location constitutes a drain of human effort and resources often leaving other areas of the City without minimal levels of police protection, all of which creates a significant hazard to the safety of the police officers and to the public in general and constitutes a public nuisance.

3. The person responsible for the event or upon whose property the party gathering or event takes place should be responsible for the costs of police services required at that party, gathering or event. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1302: DEFINITIONS:

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

EXPENSE OF AN EMERGENCY RESPONSE: Those costs incurred by the City in making any appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to a particular incident, including, but not limited to, the cost of providing police, fire, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

PARTY, GATHERING OR EVENT: A group of persons who have assembled or are assembling for a social occasion or for a social activity.

PERSON RESPONSIBLE FOR THE EVENT: The person or entity 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 event.

POLICE SERVICES: The salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering or event at a rate established by City Council in the Burbank Fee Resolution; the actual cost of any medical treatment to any officers; and the cost of repairing any damage to City equipment or property.

SPECIAL SECURITY ASSESSMENT: The assignment of police officers and services during a second and all subsequent calls to a location after the distribution of a written warning that the party, gathering or event violates the law. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1303: POLICE SERVICES AT PARTIES, GATHERINGS OR EVENTS REQUIRING A SECOND RESPONSE:

When a party, gathering or event occurs on 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 or persons responsible for the event will be held liable for the cost of providing police services for the special security assessment. The second and all subsequent responses may result in the arrest and/or citation of violators of the State Penal Code or other regulations. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1304: EMERGENCY RESPONSE:

If a property owner or entity has been placed upon written notice by the Police Department that a specific property is a routine gathering place for groups of persons who have been involved in previous disturbances of the peace, then the property owner or entity will be held liable for the costs of any emergency response necessary at any gathering occurring at such property after the provision of the notice. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1305: BILLINGS:

A. The Chief of Police shall notify the Management Services Director in writing following such performance of police services or emergency response services of the name and address of the responsible person or entity, the date and time of the incident and the services performed and the cost thereof and such other information as may be required. The Management Services Director shall thereafter cause appropriate billings to be made.

B. 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 cost incurred for police services. [Added by Ord. No. 3144, eff. 3/11/89.]

5-3-1306: APPEALS:

Any individual aggrieved by the decision of the Chief of Police to assess costs under the provisions of this article may file an appeal pursuant to Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3144, eff. 3/11/89.]