Calabasas Municipal Code Ch. 9.26 Recovery of Costs Related to Unlawful Assemblies and Disturbances of The…

A. If it is established that (a) there was reasonable cause for a law enforcement officer to have issued a notice and warning as set forth below to any person or persons for actions in violation of Penal Code Section 415 and/or Section 407, (b) that such person or persons received such a notice and warning, (c) that within six months of the time set forth in the notice and warning, such person or persons were found in violation of such sections and arrested or given a citation therefor for further such acts at or near the location set forth in the notice and warning, and (d) that the person or persons were found guilty of one or more of the violations of Penal Code Section 415 and/or Section 407 for which they were arrested or given a citation, or found guilty of one or more violations of Penal Code Section 272 wherein an act or omission caused, encouraged, persuaded or induced a minor to commit an offense as defined in Penal Code Section 415 and/or Section 407; then

1. The court imposing sentence on such person may, as a condition of probation, order such person to pay the reasonable costs necessarily incurred by the city for law enforcement officers' return to the location of the incident which led to the conviction. In doing so the court shall follow the procedures set forth in Penal Code Section 1203.1 or Penal Code Section 1203.1e, treating such costs as if they are the costs of an emergency response; or

2. The reasonable costs necessarily incurred by the city for law enforcement officers' return to the location of the incident which led to a conviction shall be a charge against the person or persons convicted. The charge constitutes a debt of such person or persons and is collectible by the city in the same manner as in the case of an obligation under a contract. Prior to initiating an action to collect any such debt the city shall provide such person or persons a bill itemizing the charges and afford them at least sixty (60) days to pay the bill.

B. At the time of the initial contact at the location, the law enforcement officer shall take any such actions and give such direction as necessary to abate the violation or condition and shall advise the responsible person in writing that, if additional law enforcement personnel are required to return to abate a continued or subsequent condition, the responsible person and owner or occupant of the property shall be held liable for the cost of providing such services. If personnel do return to the location following the warning and a conviction does result, then the cost of the services, shall be reimbursed to the city as provided in this section.

The form of the written notice and warning shall be in English and in Spanish and shall be substantially as follows:

NOTICE AND WARNING

On _______ (date) at _______ (time) a.m./p.m. at _______ (address) you were warned by _______ (name of enforcement officer) that your actions were in violation of Penal Code Section 415 and/or Section 407 and that if, within six (6) months of the time set forth above, you were found in violation of such sections and arrested or given a citation for further such acts at or near the location set forth above you may be required to pay the reasonable costs necessarily incurred by the City of Calabasas for law enforcement officers' return to the location which led to your arrest or citation.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)