Chino Hills Municipal Code Ch. 3.48 Response Fees for Disorderly Gatherings

The City Council of the city does find, determine, and declare that:

A. Public and private gatherings or parties that are loud and/or disorderly interfere with the public peace. Furthermore, gatherings or parties that require repeated police responses increase the cost of public safety services and deter the Police Department and the city from addressing other public safety matters.

(Ord. 78 § 1, 1996)

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

"Loud and/or disorderly gathering or party" means and includes a loud and/or disorderly activity attended by a group of persons on public or private property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

"Person responsible" means the person responsible for a loud and/or disorderly gathering or party, in order of priority:

1. The owner(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are owner-occupied property;

2. The tenant(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are tenant-occupied property;

3. The person(s) responsible for organizing the loud and/or disorderly gathering or party. If the person responsible is a minor, then the parents or guardians of that minor will be jointly or severally liable for reimbursement of the police expenses and any other public safety expenses incurred.

"Special security assignment" means the assignment of police officers and other public safety service personnel during a second or subsequent call to a location after providing a warning that the loud and/or disorderly gathering or party violates the law.

(Ord. 78 § 2, 1996)

Each person who sponsors a gathering or party, or allows his or her property to be utilized for a gathering or party, shall maintain such in a quiet or orderly fashion so as to protect the public peace. Violation of this duty constitutes a public nuisance.

(Ord. 78 § 3, 1996)

When a loud and/or disorderly gathering or party occurs, the person or persons responsible will be held jointly and severally liable for payment of the public safety service expenses for special security assignments.

(Ord. 78 § 4, 1996)

For the purposes of this chapter, the city's Finance Department shall cause the person responsible for a loud and/or disorderly gathering or party to be billed the actual cost for the police services provided in responding to the disturbance and any other city and/or public safety expenses incurred. (These costs shall include, but shall not be limited to, damages to city property and/or injuries to city personnel, and city administrative costs. The Police Department shall accumulate the costs of all services provided in responding to the disturbance and forward those costs to the Finance Department within fifteen (15) days of the disturbance for billing.) Such bills shall be due and payable within thirty (30) days after the billing date.

(Ord. 78 § 5, 1996)

Any person receiving a cost recovery fee bill for public safety services pursuant to this chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of such charges with the City Clerk. Any billing sent pursuant to this chapter shall inform the billed party of the right to appeal such billing. All appeals shall be made in writing, shall state the grounds for such appeal, shall specify the factual basis for the appeal and shall contain a signature verifying the truth of all matters asserted. Any appeal regarding such billing shall be heard by the City Manager, or by his or her designee as the hearing officer. Notice of the hearing shall be sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed, then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service.) Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police and other public safety services rendered shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty (30) days after notice of the decision of the hearing officer is sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed, then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service.) The decision of the hearing officer may be appealed pursuant to Section 1.20.010. If such a decision is not appealed, then the decision is final.

(Ord. 78 § 6, 1996)

All amounts due under this chapter shall be a debt to the city by the property owner and all persons responsible for the loud and/or disorderly gathering or party, and may be collected as set forth in Section 1.36.050(E) of this code.

(Ord. 78 § 7, 1996)