La Mesa Municipal Code Ch. 10.140 Recovery of Costs and the Imposition of Civil Fines for Use of Police…

This chapter may be cited as the La Mesa Second Response Ordinance.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 1; January 28, 2003)

The city of La Mesa finds and determines that the control of parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public. Police officers have been required to make several return trips to a location of a party, gathering or event in order to disperse uncooperative participants, and the return of police officers to a location constitutes a drain of manpower and resources, often leaving other areas of the city without minimal levels of police protection; all of which creates a significant hazard to the safety of the police officers and to the public in general and constitutes a public nuisance.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 1; January 28, 2003)

For the purpose of this chapter, the following definitions shall apply:

(a) "Party, gathering or event" shall mean a group of five or more persons who have assembled or are assembling on private property for a social occasion or social activity.

(b) "Police services" shall mean and include the salaries of the police officers, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent responding to or remaining at the party, gathering or event; appropriate overhead; the actual cost of any medical treatment to injured officers; and, the cost of repairing any damaged city equipment or property.

(c) "Person responsible for the event" shall mean the person who owns the property where the party, gathering or event takes place and/or the person in charge of the premises and/or the person who organized the party, gathering or event. If the person responsible for the event is a minor, then the parents or guardians of that minor will jointly and severally be liable for the costs incurred for special services.

(d) "Special security assignment" shall mean the assignment of police officers and services during a second call to a location after the distribution of a written warning that the party, gathering or event violates the law.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 1; January 28, 2003)

Disturbances at parties, events or gatherings requiring a second or further subsequent response.

When a party, event or gathering occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the individual or group responsible for the event will be held liable for the costs of providing police services for the security assignment and subject to civil fines for any second or further subsequent response by the police to control the threat to the public peace, health, safety or general welfare subject to the terms and conditions contained in this chapter.

The return call, or second call, may also result in the arrest and/or citation of violators of the California Penal Code or other applicable law.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 2; January 28, 2003)

The police service shall include the cost of personnel and support, equipment damages, and cost of injuries to officers. The fee shall be no less than and shall not exceed the cost of police officers for a single event.

The amount of such fees charged shall be deemed a debt to the city of the person or persons receiving said services and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorneys fees.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 1; January 28, 2003)

The chief of police shall notify the director of finance in writing, following the rendering of police services, of the name and address of the person responsible for the event, the date and time of the event, the services performed and the cost thereof, and such other information as may be required. The director of finance shall thereafter cause the appropriate billings to be made.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 1; January 28, 2003)

Any individual or group responsible for promoting, hosting, organizing or otherwise allowing a party, event or gathering to occur on private property for which the police respond by special security assignment to control the threat to the public peace, health, safety or general welfare, at any time within a twelve-month period after a first written warning, will be held liable for civil fines in amounts established by resolution of the city council.

(Ord. 2727 § 3; January 28, 2003)

Civil fines for police responses by special security assignments pursuant to Section 10.140.070 of this chapter shall be imposed pursuant to this section:

(a) For all civil fines imposed pursuant to this chapter, the finance director in consultation with the chief of police shall issue written notice of said fines imposed. Said written notice shall be served upon the individual or group responsible for the party and the property owner, if different. The notice shall specify the facts which, in the opinion of the finance director, in consultation with the chief of police, 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 individual or group responsible for the event appeals the fine within the time frame specified in subsection A of this section, the city clerk shall serve written notice to the individual or group 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 or his or her designee may preside over the hearing to receive evidence and consider arguments. 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 an administrative hearing. The city manager shall render a decision within thirty days of the hearing and the decision shall be final.

(Ord. 2727 § 4; January 28, 2003)

Nothing in the adoption or administration of this chapter shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this code or any state law arising out of the same circumstances necessitating the application of this chapter.

(Ord. 2540 § 1; October 10, 1989: Ord. 2727 § 3; January 28, 2003)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 2727 § 5; January 28, 2003)