Manhattan Beach Municipal Code Ch. 3.64 Police Response at Loud or Unruly Assemblages

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

A. "Loud or unruly assemblage" shall mean a group of persons who have assembled or are assembling for a social occasion or for a social activity, and who are causing an inordinate amount of noise or behaving in a manner which constitutes a threat to the public peace, health, safety or general welfare.

B. "Person responsible for the loud or unruly assemblage" shall include the following:

1. The person who owns the property where the party, gathering, or event takes place; or

2. The person in charge of the premises; or

3. The person authorizing use of the premises for the event; or

4. The person who organized the event, each and all of whom shall be jointly and severally liable for the special security assignment fee. If the person responsible for the event is a minor, then the parents or guardians of the minor shall be jointly and severally liable for the costs incurred for police services.

C. "Special security assignment" shall mean the assignment of police officers and services during a third call to a location after the distribution of a written warning that the event is a loud or unruly assemblage and violates the law.

(§ 1, Ord. 1798, eff. May 18, 1989)

When any loud or unruly assemblage occurs or is held, and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, that officer shall notify the person responsible for the loud or unruly assemblage, in writing, that that person, or if that person is a minor, that the parents and guardians of that person will be held personally liable for the costs of providing police personnel on a special security assignment over and above the normal services provided by the Police Department to those premises. The personnel utilized after the first and second warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided. The accounting and billing procedures as set forth in Section 3.64.030 shall apply.

(§ 1, Ord. 1798, eff. May 18, 1989)

A. The costs of the special security assignment described in Section 3.64.020 shall include personnel and equipment costs expended during the third and any subsequent returns to the premises, including costs for the total number of officers involved and total minutes expended after the officers arrive on the scene. In addition, such costs may include damages to city property and injuries to City personnel.

B. All fees and charges levied for city services described in Section 3.64.020 shall be due and payable upon presentation.

C. All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the person to whom such services are rendered. If an amount remains unpaid after reasonable and practical attempts have been made by the City to obtain payment, a civil action may be filed with the appropriate court for the amount due and payable, together with any penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue civil action.

D. Fees and charges shall be levied for recovering City costs for notification and collection of delinquent accounts and shall be established by resolution of the City Council. Such fees and charges are part of the fees and charges established for the services rendered and shall be collected as such.

(§ 1, Ord. 1798, eff. May 18, 1989)

The provisions of this chapter are an additional authority for regulation of loud or unruly assemblages, and shall supplement and not supplant exercise of any other available law including, but not limited to, arrest or citation of violators of state statute or other regulation.

(§ 1, Ord. 1798, eff. May 18, 1989)