Grand Terrace Municipal Code Ch. 8.34 Offenses Against Public Peace and Decency

The purpose of this Chapter is to establish a procedure for the cost recovery of the costs incurred for special security assignment and municipal services at large parties, gatherings, events or loud and unruly assemblages which require law enforcement and municipal services to be dispatched to control disruptions to the public peace, health, safety or general welfare.

(Ord. 193 § 1(part), 2000)

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

"Large party, gathering, event or unruly assemblages" means a group of persons who have assembled or are assembling for a social occasion or for a social activity.

"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the private property.

"Person responsible for the event" means the owner of the property where the large party, gathering or event takes place, the person(s) in charge of the premises and/or the person(s) who organized the event. If the person responsible for the event is a minor, then the parents or guardians of the minor will be jointly and severally liable for the fines imposed for the special security assignment.

"Premises" means private properties which are utilized for business, industrial, public and/or residential uses.

"Special security assignment" means the assignment of law enforcement and municipal personnel in response to calls after the distribution of a written warning that a large party, gathering or events violates the law.

(Ord. 193 § 1 (part), 2000)

When any large parties, gatherings, events or loud and unruly assemblages occurs or is held, and it is determined that there is a disruption to the public peace, health, safety or general welfare, the person in charge of the premises and/or the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of the minor, will be held jointly and severally liable for the cost of providing law enforcement and municipal personnel for special security assignment over and above the services normally provided by the city. The law enforcement and municipal personnel utilized at the site during a second response after a first warning is issued to control the disturbance 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 costs of personnel, equipment, contractual costs, damages to city property and/or injuries to city or sheriff personnel. The charges assessed will be the actual cost of service for controlling the disturbance and restoring the public peace, health, safety or general welfare at the location of the disturbance which is consistent with the current rate being charged to the city by the sheriff's department and the hourly and equipment costs incurred by the city.

In addition, charges for damage to public property shall be determined by an official written estimate from the department of public works for the city of Grand Terrace. The city reserves its legal option to elect any other legal remedies when deemed necessary.

When a second response to a loud or unruly assemblage by sheriff personnel is necessary, the sheriff's department is to provide the city with a copy of the first and second response notice issued at the disturbance with all applicable information completed. This information must include the number and type of sheriff units used to control the disturbance. The city will, when approved for implementation, bill the responsible party or parties, for costs of providing the special security assignment, plus an additional twenty-five percent of the actual costs for administrative overhead to process the bill and collect the charges. Failure to pay the charge, as billed by the city, shall be deemed a violation of this article.

(Ord. 193 § 1(part), 2000)

Fees for special security assignments as authorized by Section 8.34.030 shall be imposed, in the manner provided in this Section.

A. For all violations of Section 8.34.030 where substantial evidence in support of a violation exists, and a special security assignment occurs, the finance director shall issue written notice of fees imposed in accordance with contractual and service related costs as adopted by the City Council. The written notice shall be served on the person responsible for the party and the owner, if different. The notice shall specify the facts which, in the opinion of the finance director, constitute substantial evidence to establish grounds for imposition of the fines, and specify that the fines are effective thirty days from the date the notice is given unless an appeal is filed in writing before the fine becomes effective.

B. If the person responsible for the event appeals the fine within the time specified in subsection (A), the city clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail, of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen days, nor more than sixty days, from the date on which notice of the hearing is served by the city clerk. The City Manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence. The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within 30 days of the hearing and the decision shall be final.

(Ord. 193 § 1(part), 2000)