Chowchilla Municipal Code Ch. 9.36 Cost Recovery for Response to Parties or Other Gatherings

The purpose of this chapter is to allow for reimbursement to the city for expenses related to second responses to parties and other gatherings which have been determined to be a threat to the public peace, health, safety or general welfare.

(Ord. 392-95 § 1 (part), 1995)

When any loud or unruly assemblage occurs or is held and the city's law enforcement agency is required to respond to the scene 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, then that senior officer shall notify the owner of the premises or the person in charge of the premises or the person responsible for the assemblage that person, or if that person is a minor, that the parents or guardians of that person, 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.

A. Such person or persons shall be given a first warning in the form of notification by the police officer that the police response shall be deemed to be normal police services provided.

B. The police personnel utilized after the first warning and within twelve hours following 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.

C. If the police are called to the same assemblage a second time within any twelve-hour time period then the assemblage is hereby declared a public nuisance and the person responsible for the assemblage shall be held personally liable for the cost of providing police personnel on special security assignment. Nothing in this section shall preclude the city from finding that an assemblage constitutes a public nuisance even if a prior warning has not been issued.

D. All costs incurred by the city for any action taken under this section shall constitute a debt to the city and may be recovered by the city in accordance with the procedures set forth in Chapter 1.20 of this code or as otherwise authorized by law.

(Ord. 392-95 § 1 (part), 1995)

(Ord. No. 483-17, § 16, 6-27-2017)

The cost of the special security assignment described in Section 9.36.020 shall include enforcement costs, personnel costs, and equipment costs expended during the second and any subsequent returns to the premises, as well as any attorneys' fees or staff costs incurred in bringing action under this chapter, or any other nuisance abatement costs under Chapter 1.20. Fees and costs shall not exceed the reasonable cost of providing such services. In addition, such costs may include damages to city property and injuries to city personnel.

(Ord. 392-95 § 1 (part), 1995)

(Ord. No. 483-17, § 17, 6-27-2017)

Collection pursuant to this chapter is not intended to be the exclusive remedy, either criminal or civil, available to the city relating to the circumstances which gave rise to the need for police response under this chapter.

(Ord. 392-95 § 1 (part), 1995)

Editor's note— Ord. No. 483-17, § 18, adopted June 27, 2017, repealed former § 9.36.050 which pertained to notice and hearing to determine reasonableness of charge, and derived from Ord. No. 392-95, § 1, adopted in 1995.

Editor's note— Ord. No. 483-17, § 18, adopted June 27, 2017, repealed former § 9.36.060 which pertained to appeal process, and derived from Ord. No. 392-95, § 1, adopted in 1995.