Fillmore Municipal Code Ch. 15.65 Public Disturbances

Any person who in any public place or any place open to public view, or within hearing of any person in any public place, does or performs any riotous, boisterous, or indecent act or who threatens by word, gesture or other act to injure intentionally any person or property or uses abusive, profane or indecent language is guilty of a misdemeanor.

(Ord. 537 § 3, 1982)

(Ord. No. 790, § 1, 2-28-2006)

When a large party or gathering ("the event") occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or the guardians of the minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response within twelve hours of 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 services normally provided. The costs of such special security assignment may include damages to city property, injuries to city personnel, police services at contract rates, county booking fees and a fifteen percent administrative overhead charge.

(Ord. 655 § 1 (part), 1991)

When a police officer finds on the first response that the event is a threat to the public peace, health, safety or general welfare, the police officer shall issue a written warning to the person in charge of the premises or the person responsible for the event, or if such person is a minor, the parents or guardians of the minor if present. The written warning shall state that if the police department is required to return to the event within twelve hours and the responding police officer determines the event is a threat to the public peace, health, safety or general welfare, that the second and each subsequent response will constitute the provision of special security services. The warning shall state that the responsible person shall be charged for the cost to the city for providing such special security services for the event. If the responsible person is not available, or refuses to receive the written warning, the police officer shall post the warning in a conspicuous place on the premises.

(Ord. 655 § 1 (part), 1991)

If the location of a large party or gathering that requires police department response is a public building then the responsible person for the purposes of this chapter will be the person renting the building.

(Ord. 655 § 1 (part), 1991)

The city finance director, as the collection agent for the city, is authorized to take all legal procedures to collect and shall account for the receipt and disbursement of funds collected under this chapter.

(Ord. 655 § 1 (part), 1991)

Except as permitted by Article 1, Section 4 of the California Constitution (pertaining to religious freedom), any party, gathering or event ("assemblage") where five or more persons under the age of twenty-one are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one is declared to be a public nuisance.

(Ord. No. 790, § 2, 2-28-2006)

A peace officer charged with the enforcement of this Code shall have the authority to issue an administrative citation for the violation of Section 15.65.060 to the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage. The citation shall either be personally served on the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage or if the officer is unable to identify immediately any such person, mailed certified by the next business day to the owner of the property as identified on the tax assessor's roll.

(Ord. No. 790, § 2, 2-28-2006)

(1) Whenever a peace officer charged with the enforcement of this Code determines that a violation of Section 15.65.060 has occurred, the peace officer shall direct the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage, to disperse immediately the assemblage, or if the officer is unable to identify immediately the owner, the person in charge of the property, or the person responsible for the assemblage, shall command all those attending the party, gathering or event to disperse immediately.

(2) When a police response pursuant to Section 15.65.080(1) occurs, the senior peace officer at the scene, in addition to the issuance of any citation, administrative fine or arrest that he or she may feel is appropriate, shall either (a) at that time personally notify the owner of the property and/or the person in charge of the property and/or the person responsible for the assemblage that such person or persons shall be held personally liable, jointly and severally, for the city's cost of providing any follow-up or additional police response during the next twelve months for violation of Section 15.65.060; or (b) thereafter, mail such notification in writing by certified mail to the owner as identified on the tax assessor's roll.

(Ord. No. 790, § 2, 2-28-2006)

(1) The amount of the fine for violation of Section 15.65.060, the increased fines for repeat violations, and the amount of late payment charges imposed for the payment of a fine after its due date, shall be specified by schedule pursuant to Section 1.09.030.

(2) Follow-up or additional police responses by the police services within twelve months of the initial violation of Section 15.65.060 to control the threat to the public peace, health, safety or general welfare caused by the continuing or additional violation(s) of Section 15.65.060 shall be deemed to be on a special security assignment over and above normal police services. The owner of the property and/or the person in charge of the property where such assemblage occurs and/or the person responsible for such assemblage shall be personally responsible for the cost of such follow-up or additional responses by the police services in an amount determined upon a cost accounting basis by the city, per administrative guidelines adopted by the city and approved by resolution of the city council. The cost of such special police security shall include damage to city property and/or injuries to city personnel. The fee charged shall not be in excess of $1,000.00 for a single follow-up or additional response. In addition to the foregoing, the city reserves its right to elect any other legal remedies.

(Ord. No. 790, § 2, 2-28-2006)

Any person upon whom a fine and/or response costs recovery fees are imposed shall have the right to appeal the imposition of such fine or fees pursuant to Section 1.09 of Title 1, Chapter 1 of the Fillmore Municipal Code.

(Ord. No. 790, § 2, 2-28-2006)