Encinitas Municipal Code Ch. 9.40 Disturbance Abatement

It is the purpose of this chapter to provide a source of recovery for the costs incurred by the City in returning a second or subsequent time to the scene of a disturbance of the peace.

(Ord. 89-23)

"Costs of a second and subsequent responses"

means the full compensation of the City employees, officials, agents and contract officers for the amount of time actually expended in responding to or in remaining at the disturbance of the peace at a rate established by the City Council; together with the actual costs of any medical treatment to injured City employees; and the costs of repairing or replacing any damaged or destroyed City equipment or property.

"Responsible person"

means the person who owns the property where the disturbance of the peace is occurring, the person in charge of the premises where the disturbance of the peace is occurring or the person who organized the event which is causing the disturbance of the peace. If the "responsible person" is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for the second and subsequent City responses.

A. During a first response to a disturbance of the peace occurring on private property, the responding officer may, among other things, deliver to the responsible person or persons a "Notice of Violation: First Response" which shall contain a message substantially as follows:

"This notice of violation is given to you as a result of a first response of the City of Encinitas to a disturbance of the peace occurring in violation of Penal Code Section 415. You will be charged all City personnel and equipment expenses incurred as a result of any second or subsequent response to this location."

B. The "Notice of Violation: First Response" may contain such other information as deemed necessary by the City Manager to accomplish the purposes of this chapter.

A. If the City is required to respond a second or subsequent time to a disturbance of the peace and a "Notice of Violation: First Response" has been delivered to the responsible person or persons, then the City shall commence computing the response costs.

B. A statement of the charges incurred by the City in its second and subsequent responses shall be prepared and delivered to the responsible person or persons.

C. The amount of the charge shall be deemed a debt to the City of the responsible person or persons who shall be liable in an action brought in the name of the City for recovery of such amount, including reasonable attorney's fees.

Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter or pursuant to a Court Order.