Huron Municipal Code Ch. 3.28 Law Enforcement Response Fees

This chapter of the Huron Municipal Code shall be known as the "Law Enforcement Disturbance Response Ordinance."

(Ord. 262 § 1, 1990)

The purpose of this chapter is to deter the occurrence of loud, unruly and/or disorderly gatherings, parties and disturbances. This will enhance the general peace, safety and welfare of the citizens of Huron.

(Ord. 262 § 2, 1990)

Disturbance. As used in this chapter, a "disturbance" is any public or private party which unreasonably disturbs the peace and quiet of surrounding neighbors.

Law Enforcement Response. As used in this chapter, a "law enforcement response" is the deployment of Huron police department personnel to the scene of a disturbance upon receipt of a complaint or request for service from a member of the public.

Second Response. As used in this chapter, "second response" means the deployment of law enforcement personnel to the scene of a disturbance as the result of a complaint or request for service two (2) or more times in a twelve (12) hour period.

Reasonable and Actual Costs. As used in this chapter, the phrase "reasonable and actual costs" are those costs, calculated at a rate to be set by resolution, resulting from the deployment of the law enforcement personnel, equipment and overhead and any actual damages incurred by the City while responding to or deployed at the scene of the disturbance.

(Ord. 262 § 3, 1990)

The city council declares that disturbances pose a threat to the health, welfare, safety and peace of the community. The council further declares that the deployment of police department personnel to these events depletes the limited law enforcement resources available to the citizens of this City. Such law enforcement responses decrease preventive police presence and delay responses to genuine emergencies.

(Ord. 262 § 4, 1990)

The fee schedule or rate shall be applied to all police personnel assigned to the second response. The fee rate shall begin at the time of assignment and shall end at the time the personnel are cleared from the scene and available for other calls.

The total fee shall be charged against the person or persons in charge of the event, or if said person or persons are minors, to the parents or legal guardians thereof.

(Ord. 262 § 5, 1990)

All fees are due and payable upon demand by the City of Huron and in no case later than thirty (30) days from the date the demand was mailed.

(Ord. 262 § 7, 1990)

A. First Response. Upon a first response to a disturbance as defined herein, the law enforcement office in charge of the call shall notify the person/persons in charge of the event in writing that a second response to the event will be subject to the fees imposed pursuant to this chapter.

B. Second Response. Upon a second response as defined herein, the office in charge shall identify the person/persons in charge that a response fee will be charged for that and any subsequent responses with the twelve (12) hour period. The office in charge shall also advise the person/persons in charge of the event of the fee schedule as adopted.

C. Demand for Payments. The police department shall cause a demand for payment to be delivered to the person(s) identified as responsible for the event either by U.S. Mail or personal service no later than thirty (30) days from the date of the event.

(Ord. 262 § 8, 1990)

Nothing in this chapter shall prohibit any police officer from enforcing the criminal provisions of Section 41 et seq. of the California Penal Code or any other criminal or infraction sanctions available under the law, in addition to imposing the fees under this chapter.

(Ord. 262 § 9, 1990)

The City of Huron reserves its rights and legal options to elect any other remedy available to it under the law to recover damages in addition to the provisions of this chapter.

(Ord. 262 § 10, 1990)