Menlo Park Municipal Code Ch. 8.48 Unruly Gatherings

The purposes of this chapter are to assist the police department in controlling unruly gatherings, to defray the cost of providing an emergency response during a second call to such gatherings, and to deter noisy or dangerous gatherings which are disturbing the public peace. This chapter shall have no application to assemblies, meetings, gatherings, demonstrations, or marches supporting or espousing political, social, ethical, religious or other causes or beliefs, the expression of which is entitled to protection under the United States or state Constitution.

(Ord. 820 § 1 (part), 1991)

An "unruly gathering" is a noisy or dangerous gathering which is disturbing the public peace. A "second call to an unruly gathering" is a call by the police department which occurs after a previous call advising the person or persons in charge, that the gathering is unruly and informing such person or persons of potential liability under this chapter.

(Ord. 820 § 1 (part), 1991)

Whenever the police department makes a second call to an unruly gathering, the police personnel making the second call are providing special emergency security services. The cost of providing such services shall be charged as provided in this chapter.

(Ord. 820 § 1 (part), 1991)

The charge for providing such services during a second call to an unruly gathering shall be based on hourly pay rates. The charge shall also include the cost of providing equipment and repairing or replacing damaged equipment. The charge for each call shall be the cost of providing the services, but no less than one hundred dollars, plus the cost of repairing or replacing damaged equipment. Additional calls to the same gathering shall be separately charged.

(Ord. 820 § 1 (part), 1991)

The person or persons in charge of the unruly gathering, and if occurring on private property, the person or persons in charge of the property, shall be jointly and severally liable for the cost of providing the special emergency security services. The police chief, or his designee, shall determine charges for a second call and bill the parties who are liable. Payment shall be within thirty days of mailing.

(Ord. 820 § 1 (part), 1991)

No person shall be liable for charges unless such person has been informed of his potential liability by a police officer during the first call. The police department shall prepare a written document warning of potential liability under this chapter and during the first call provide a copy thereof to each such person.

(Ord. 820 § 1 (part), 1991)

The foregoing charges are cumulative and shall not limit or replace other remedies or penalties, civil or criminal.

(Ord. 820 § 1 (part), 1991)