Carlsbad Municipal Code Ch. 3.36 Fees for Special Police Services

A. A fee established by City Council resolution shall be paid whenever special police services are provided by the Carlsbad police department. The fee shall not exceed the cost of providing the service.

B. For the purposes of this chapter, "special police services" includes, but is not limited to, providing crime reports, accident reports, fingerprinting, photographs, clearance letters and patrol or security officers or equipment for special events.

(Ord. 1263 § 1, 1983)

A. Whenever a special event, including, but not limited to exhibits, fairs, athletic events, trade shows, concerts or conventions, requires any permit under the provisions of this code the Chief of Police may, as a condition of the permit, require that patrol or security officers or equipment be provided.

B. The patrol or security officers or equipment provided shall be approved by the Chief of Police.

C. The Chief of Police may require that the patrol or security officers or equipment shall be provided by the Carlsbad police department as a special police service.

D. Whenever patrol or security officers or equipment shall be provided by the Carlsbad police department the applicant shall deposit with the city security in a form acceptable to the Chief of Police, or cash, in an amount sufficient to guarantee payment for the cost of providing the special police service.

E. Whenever a person holding an event not requiring a permit requests special police services the provisions of this section shall apply.

(Ord. 1263 § 1, 1983)

Governmental agencies and nonprofit corporations, agencies, or organizations whose nonprofit status is listed and declared by the State of California may request a waiver of the fees from the City Council.

(Ord. 1263 § 1, 1983)

A. It is the purpose of this section to recover the city's costs for second or subsequent responses to the scene of a party when the police officer determines that continued activity is a threat to the peace, health, safety or general welfare of the public. Return calls to a party to disperse uncooperative participants is a drain on personnel and resources often leaving other areas of the city without adequate levels of police protection which creates a hazard to the public, requires resources over and above the level of police services normally provided and constitutes a public nuisance the costs for which should be paid by the responsible person.

B. For the purpose of this section, the following definitions shall apply:

"Costs of a second or subsequent responses"

include the salaries of the police officers for the amount of time actually spent in responding to or remaining at the party, at a rate established by the City Manager plus the actual cost of any medical treatment to injured city employees and the cost of repairing any damaged city equipment or property.

"Party"

includes a gathering or event where a group of persons have assembled or are assembling on private property for a social occasion or social activity which may constitute a disturbance of the peace in violation of California Penal Code Section 415.

"Responsible person"

is the person or persons who own the property where the party takes place or who are in charge of the premises or who organized the party. If the responsible person is a minor, then the minor's parents or guardians will jointly and severally be liable for the costs.

C. During a first response to a complaint of a disturbance at a party, the responding officer may, among other things, deliver to the responsible person a "Notice of Violation: First Response" which shall contain a message substantially as follows:

This notice of violation is given to you as a result of a first response by the City of Carlsbad to a disturbance of the peace occurring in violation of California Penal Code Section 415. You will be charged all City personnel and equipment costs incurred as a result of any second or subsequent response by the police to this location.

The notice may also contain such other information as deemed necessary by the City Manager to accomplish the purposes of this section.

D. If the city is required to make a second or subsequent response to a party and a "Notice of Violation: First Response" has been delivered to the responsible person, then the city shall compute the costs of such response. A bill for the costs incurred by the city for its second and subsequent responses shall be prepared and delivered to the responsible person who shall be liable for its payment. The amount of the charge shall be deemed a debt to the city of the responsible person who shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees.

E. The City Manager is authorized to adopt appropriate procedures for billing and other matters necessary for the administration of this section.

F. Any person aggrieved by any decision of the City Manager to bill for costs of a second or subsequent response may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the date of the billing. Upon the filing of such request, the City Clerk shall set a time and place for the hearing and shall notify the appellant thereof. At the hearing, any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing, the City Council may affirm, reverse or modify the decision and the decision of the City Council shall be final.

(Ord. NS-84 § 1, 1989)