Canyon Lake Municipal Code Ch. 3.37 Special Police and Public Safety Services

(a) When any loud or unruly assemblage occurs or is held (whether in a residential area or not), and the city’s law enforcement agency is required to respond to the scene (whether or not in response to citizen complaints), and the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, or that a public nuisance is occurring then that senior officer shall notify the owner of the premises or the person in charge of the premises or responsible for the assemblage (or if that person is a minor, the parents and guardians of that person) that that person (hereafter the “responsible party”) will be held personally liable for the costs of providing police personnel on special security assignment over and above the normal services provided by the police department to those premises.

(b) Said person or persons shall be given a first warning, in the form of oral notification by police officer that the first police response or other public safety services shall be deemed to be the normal police and other public safety services provided.

(c) The police or other public safety personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided.

(Ord. 67, passed 2-3-1999)

The costs of the special security assignment described in this Chapter shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. In addition, such costs may include damages to city property and/or injuries to city personnel.

(Ord. 67, passed 2-3-1999)

The responsible party shall be billed the amount of such costs to reimburse the city for special security services.

(Ord. 67, passed 2-3-1999)

Upon written notification from the law enforcement agency of the necessity of providing said extraordinary law enforcement services and an itemized cost of providing said services including salaries of police officers, cost of vehicles, and other costs including administrative costs, the City Manager, or his/her designee, shall determine within five working days thereafter the actual cost of said extraordinary services.

The City Manager upon determining the actual cost, shall cause the amount of said cost to be billed to the person named by the law enforcement agency in the notice and at the address contained therein setting forth the date and time of the incident, and the services performed, and the costs thereof, and such other information as may be required. The amount of such cost shall be deemed a debt to the city of the person or persons receiving said services and to whom billed. Any person owing money shall be liable in any action brought in the name of the city for recovery of such amounts, including reasonable attorney’s fees.

(Ord. 67, passed 2-3-1999)

Any individual named by the decision of the City Manager as being liable to the city for the cost of the extraordinary law enforcement services may, within seven days of the receipt of said written bill request a review of the matter before the City Manager, or his/her designee, who shall, along with a representative of the law enforcement agency, review the necessity of the services and the cost thereof with the individual appealing the determination of said costs. The City Manager may in his discretion determine that. the person requesting the review was or was not the appropriate party to have billed, and the cost of said charges should be reduced or terminated based upon reasonable evidence warranting the same. Any individual aggrieved by the decision of the City Manager, or his/her designee, may appeal that decision in writing to the City Council by written notice filed with the city clerk within seven days of the decision of the City Manager or his/her designee. Unless appealed within the time set out, the decision of the City Manager is final. In the event of non-payment, the City Attorney is authorized and directed to bring, or cause to be brought, all necessary legal actions to collect the costs of said services.

(Ord. 67, passed 2-3-1999)