Cypress Municipal Code § 17-73 Offenses - Miscellaneous

Sections 17-73.1 through 17-73.8 shall be known as the "Police Fee for Extraordinary Police Services" Ordinance.

(Ord. No. 1116, § 1, 3-8-10)

There is hereby imposed upon each person described in section 17-73.7 a fee for extraordinary police services as defined therein, said fee to be computed in accordance with section 17-73.8.

(Ord. No. 1116, § 1, 3-8-10)

The fee imposed in section 17-73.2 shall constitute a debt owed to the city by the person(s) against whom the fee is assessed. Said fee is civil in nature, and shall not be construed to be a criminal penalty or fine.

(Ord. No. 1116, § 1, 3-8-10)

The director of finance shall have the duty to collect said fee, using such resources as are reasonably available for that purpose. It shall be within the discretion of the director of finance to assign said fees to an agency or agencies other than the city for the purpose of collection if such action shall appear to be less costly than use of city personnel for said purpose.

(Ord. No. 1116, § 1, 3-8-10)

Any fee imposed pursuant to section 17-73.2 and not paid within 30 calendar days of the date upon which such fee was assessed shall be subject to a late charge of 1% per month until said fee shall be paid.

(Ord. No. 1116, § 1, 3-8-10)

If any such fee shall be assigned to an attorney or other agency for collection, the person owing such fee shall be subject to payment of reasonable collection costs and attorneys' fees in addition to such fee and late charge.

(Ord. No. 1116, § 1, 3-8-10)

(a) When a party, gathering, or other assemblage occurs on private property and the senior police officer at the scene determines that there is threat to the public peace, health, safety or general welfare, the person(s) responsible for the event, and any other person(s) attending the party, gathering, or other assemblage given the written warning as provided herein, will be held liable for the costs of providing police services as defined in section 17-73.8 for the special security assignment upon a second or return response within 24 hours of any first or initial response by police, after a first written warning has been given in any manner provided by law, to control the threat to the public peace, health, safety or general welfare. The second or return response may also result in the arrest and/or citation of violators of the state penal code or other city ordinance(s).

(b) For the purposes of this section the following definitions shall apply:

(1) Party, gathering, or other assemblage is a group of persons who have assembled or are assembling for a social occasion or for any other collective meeting, gathering, or event.

(2) 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 other assemblage at a rate established by resolution of the city council, the actual cost of any medical treatment to injured officers, the cost of repair-ing any damage to city equipment or property, and the cost for transportation, booking, incarceration, feeding and processing of any person against whom the fee is charged.

(3) Person responsible for event is the person who owns the property where the party, gathering, or other assemblage takes place, the person in charge of such premises, and/or the person who organized the party, gathering, or other assemblage. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services.

(4) Other person(s) is any person attending the party, gathering, or other assemblage who is given written warning to control the threat to the public peace, health, safety, or general welfare upon the first police response and who, upon the second police response is determined to be engaging in conduct that constitutes a threat to the public peace, health, safety, or general welfare.

(5) Special security assignment is the assignment of police officers and services during a second police response to a party, gathering, or other assemblage following the distribution of a written warning that the party, gathering, or other assemblage constitutes a threat to the public peace, health, safety or general welfare.

(Ord. No. 1116, § 1, 3-8-10)

§ 17-73.8. through § 17-74.8. (Reserved)17-74.8. (Reserved)

(a) The police services fee, assessed pursuant to section 17-73.2, shall 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, the actual cost of any medical treatment to injured officers, the cost of repairing any damage to city equipment or property, and the actual cost to the city for transportation, booking, incarceration, feeding and processing of any person against whom the fee is charged as the same shall be established by resolution duly adopted by the city council from time to time.

(b) The amount of such fees charged shall be deemed a debt to the city the person responsible for the event and/or other person and, if minors, their parents or guardians. Any person owing money shall be liable in any action brought in the name of the city for the recovery of such amount, including reasonable attorney fees.

(Ord. No. 1116, § 1, 3-8-10)