Clayton Municipal Code Ch. 9.16 Juvenile Alcohol Offenses and Imposing a Police Service Fee For…

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

A. "Party, gathering, or event" means a group of adult and/or juvenile persons who have assembled or are assembling for a social occasion or for a social activity.

B. "Police services" means police services include the salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering or event at a rate established by resolution of the City Council, the actual cost of any medical treatment to injured officers, and the cost of repairing any damaged City equipment or property.

C. "Persons responsible for the event" means the person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place, the person in charge of the premises, and/or the person who organized the event. If the person responsible for the event is a minor, then the parent or guardians of that minor and such minor will be jointly and severally liable for the costs incurred for police services pursuant to this ordinance.

(Ord. 290, § 2, 1991)

No person shall suffer, permit, allow, or host a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where five (5) or more persons under the age of twenty-one (21) are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one (21) years. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.

(Ord. 290, § 2, 1991)

When a party, gathering, or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safely, or general welfare, the person(s) responsible for the event will be held liable for the cost of providing police services during a second or follow-up response by police, after a first warning (including an explanation of possible police services fee imposition if a second response is necessary to the person(s) responsible for the event to control the specified threat to the public peace, health, safety, or general welfare. The second or follow-up response may also result in the arrest and/or citation of violators of the State Penal Code or other provisions of the Municipal Code. A full report of any incident in which a police services fee is to be levied shall be filed with the Police Department and the City Manager.

(Ord. 290, § 2, 1991)

The police services fee shall include the cost of personnel and equipment but shall not exceed five hundred dollars ($500.00) for a single incident, provided however that the City does not hereby waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies. The amount of such fees shall be deemed a debt owed to the City by the person responsible for the event and, if such person is a minor, the debt shall be the obligation of such minor and his/her parents or guardians. Such fees shall be due upon receipt of billing from the City. Any person owing such fees shall be liable in an action brought in the name of the City for recovery of such fees, including reasonable attorney fees.

(Ord. 290, § 2, 1991)