Mammoth Lakes Municipal Code Ch. 9.16 Special Security Assignments

The Town Council finds and declares that:

(1) The control of parties, gatherings or events on private property is necessary when such continuing activity is determined to be a threat to the peace, health, safety or general welfare of the public.

(2) Frequently, police officers have been required to make multiple return calls on the same date to the location of these parties, gatherings or events in order to disperse uncooperative participants.

(3) Frequently, police officers have been required to make multiple responses to the same location on different dates in response to related parties, gatherings or events.

(4) The return of police officers to the location constitutes a drain of manpower and resources often leaving other areas of the Town without police protection.

(5) The return of police officers to the location frequently result in delayed responses to other pending calls.

(6) The above conditions create a significant hazard to the safety of the police officers and to the peace, health and safety of the general public.

(Code 1990, § 9.05.010; Ord. No. 99-01, § 1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Owner means the person or entity that holds legal or equitable title to the private property.

Party, gathering orevent means a group of persons who have assembled or are assembling for a social occasion or for a social activity.

Person responsible for the event means the owner of the property where the party, gathering or event takes place, the person in charge of the premises 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 be jointly and severally liable for the fines imposed for the special security assignment.

Special security assignment means the assignment of police officers in response to a return or subsequent call after the distribution of a written warning that a party, gathering or event violates the law.

(Code 1990, § 9.05.020; Ord. No. 99-01, § 1)

• Parties, gatherings or events requiring a second or subsequent police response.

(a) No person shall promote, host, sponsor, or organize or otherwise allow a party, gathering or event to occur on private property which is determined by a police officer to threaten the public peace, health, safety or general welfare of the neighborhood or surrounding community.

(b) The person responsible for the party, gathering or event will be held liable for civil fines in amounts established by resolution of the Town Council, for a special security assignment by the police, to control the threat to the public peace, health, safety or general welfare at any time within a 12-month period after a first written warning.

(c) The initial call or any subsequent call may also result in the arrest or citation of violators of State law or other local regulations.

(Code 1990, § 9.05.030; Ord. No. 99-01, § 1)

Civil fines for special security assignments as authorized by Section 9.16.030(b) shall be imposed in the manner provided in this section.

(1) For all violations of Section 9.16.030 where substantial evidence in support of a violation exists, and a special security assignment occurs, the Finance Director shall issue a written notice of civil fines imposed in accordance with the resolution of the Town 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 30 days from the date the notice is given unless an appeal is filed in writing before the fines become effective.

(2) If the person responsible for the event appeals the fine within the time specified in Subsection (a) of this section, the Town Clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail of the date, time, and location for a hearing on the appeal. The hearing shall be scheduled not less than 15 days, nor more than 60 days from the date on which notice of the hearing is served by the Town Clerk. The Town Manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed finding and recommendations to the Town Manager. The Town 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 Town Manager shall render a decision within 30 days of the hearing and the decision shall be final.

(Code 1990, § 9.05.040; Ord. No. 99-01, § 1)

Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter.

(Code 1990, § 9.05.050; Ord. No. 99-01, § 1)