Lafayette Municipal Code Ch. 8-13 Recovery of Expense for Response to Loud or Unruly Assemblage

(a) In enacting this chapter, the city council intends to exercise the authority it has to recover the expense of responding to a loud or unruly assemblage (see Government Code Section 53158). This chapter is in addition to the authority granted by Government Code Sections 53150—53158.

(b) The city may elect to proceed under either enactment where both apply.

(Ord. 373 § 1 (part), 1988)

In this chapter, unless the context otherwise requires:

(a) "Expense of a police response" means the costs incurred by the city in responding directly to a loud or unruly assemblage. It includes the cost of providing police, firefighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to city property and injuries to city personnel.

(b) "Loud or unruly assemblage" means the presence of two or more persons who:

(1) Unlawfully fight;

(2) Maliciously or wilfully disturb another person by loud and unreasonable noise;

(3) Use offensive words in a public place which are inherently likely to provoke an immediate violent reaction;

(4) Use force or violence, disturb the public peace or threaten to use force or violence accompanied by the ability to carry it out;

(5) Assemble and act together to urge a riot or urge others to commit acts of force or violence; or

(6) Assemble together to do an unlawful act or to do a lawful act in a violent, boisterous or tumultuous manner.

(Ord. 373 § 1 (part), 1988)

A person who owns or is in control of premises on which a loud or unruly assemblage occurs or from which a loud or unruly assemblage emanates is liable for the expense of a police response.

(Ord. 373 § 1 (part), 1988)

(a) The expense of a police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardian of the minor are liable. The charge is a debt and the city may collect the debt in the same manner as in the case of an obligation under an express or implied contract.

(b) The debt bears interest at the rate of nine percent a year. Interest accrues from the due date stated on the billing.

(Ord. 380 § 2, 1990: Ord. 373 § 1 (part), 1988)

The liability under this chapter for the expense of a police response may not exceed 1,000 dollars.

(Ord. 373 § 1 (part), 1988)

The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.

(Ord. 373 § 1 (part), 1988)