Diamond Bar Municipal Code Div. 4 Recovery of Costs Related to Unlawful Assemblies and Disturbances of The…

If it is established that there was reasonable cause for a law enforcement officer to have issued a notice and warning as set forth in this section to any person for actions in violation of Penal Code § 415 and/or § 407; and that such person received such a notice and warning; that within six months of the time set forth in the notice and warning, such person was found in violation of such sections and arrested or given a citation therefor for further such acts at or near the location set forth in the notice and warning; and that the person was found guilty of one or more of the violations of Penal Code § 415 and/or § 407 for which he was arrested or given a citation, or found guilty of one or more violations of Penal Code § 272 wherein an act or omission caused, encouraged, persuaded or induced a minor to commit an offense as defined in Penal Code § 415 and/or § 407; then:

(1) The court imposing sentence on such person may, as a condition of probation, order such person to pay the reasonable costs necessarily incurred by the county for law enforcement officers responding to the incident which led to the conviction. In doing so the court shall follow the procedures set forth in Penal Code § 1203.1(e), treating such costs as if they are the costs of an emergency response; or

(2) The reasonable costs necessarily incurred by the city for law enforcement officers in responding to the incident which led to a conviction shall be a charge against the person convicted. The charge constitutes a debt of such person and is collectible by the city in the same manner as in the case of an obligation under a contract. Prior to initiating an action to collect any such debt the city shall provide such person a bill itemizing the charges and afford him at least 60 days to pay the bill.

Notice And Warning

On (date) at (time) a.m./p.m. at (address) you were warned by (name of enforcement officer) that your actions were in violation of Penal Code § 415 and/or § 407 and that if, within six months of the time set forth above, you were found in violation of such sections and arrested or given a citation for further such acts at or near the location set forth above you may be required to pay the reasonable costs necessarily incurred by the City of Diamond Bar for law enforcement officers in responding to the incident which led to your arrest or citation.

(Ord. No. 14(1989), § 2(13.42.010), 6-27-89)

(a) Authorized. Notwithstanding any other provision of this Code, the city shall be authorized to recover its costs incurred when the police agency responsible for providing law enforcement services within the city (the police) respond a second time within a 24-consecutive-hour period to any party or other assemblage of persons within the city if:

(1) The owner and/or other adult person in possession of the premises has, at the time of the first response, been delivered a written notice as described in this section; and

(2) There is probable cause by police to believe that a violation of Penal Code §§ 407, 415 or 416 has occurred on the premises anytime after first responding.

(b) Notice. The written notice required to be provided shall state words to the effect that a warning is hereby given that if police are again requested, or are otherwise required to respond to the same location within 24 hours thereafter, such second response may be deemed to be a special security assignment over and above the law enforcement services normally provided, and the owner and/or other adult person in possession of the premises shall be liable for payment of all costs incurred by the city, including administrative costs and overhead, in providing such law enforcement services.

(c) Alternate form of notice. If no owner or adult person in charge of the premises can be identified at the time of the first response, the written notice required in this section may simply be posted in any visible outdoor location near any entrance to the premises. In such event, the owner and any other adult person in possession of the premises at the time of the response by police may be held jointly liable for the costs of such second response, as provided in this section.

(d) Costs constitute debt. The costs provided for in this section shall be computed by the city and shall be forwarded in the form of an invoice to the owner and/or adult person in possession of the premises at the time of the police responses, and shall constitute a debt recoverable as a debt on a written contract. If the city is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorney's fees, incurred as a result thereof.

(Ord. No. 13(1990), § 1(13.44.010, 13.44.020), 11-6-90)