Merced Municipal Code Ch. 9.64 Disruptive Parties and Gatherings on Private Property

The city council finds that noise disturbances created by an individual or by parties and gatherings at private property within the city may, on occasion, disturb the public peace, safety, and welfare thereby requiring law enforcement services over and above those normally provided. It is in the best interests of the public safety, welfare, and convenience of the city as well as in fairness to its citizens that the city require those persons utilizing or requiring law enforcement services beyond those provided the public at-large to defray the city's expense for providing the same.

(Ord. 2316 § 19, 2008: Ord. 2091 § 1 (part), 2002).

When a party, gathering, or other assemblage of persons occurs on private property, or where a noise disturbance is created by an individual, and it is determined by a police officer at the scene to constitute a violation of the California Penal Code or is otherwise a threat to the public peace, health, safety or welfare due to the magnitude of the crowd, noise, or disturbance, or disruptive behavior generated by the gathering, or the individual, excessive traffic, or destruction of property, then the police officer shall take such actions and give such direction as is necessary to abate the violation or condition and shall advise the responsible party orally and in writing that if additional law enforcement personnel are required to respond and return to the same location within seventy-two (72) hours of the initial response to abate the violation or condition, that the responsible party and/or property owner shall be held responsible for the cost of providing such services pursuant to this chapter. Direction shall be given to the person responsible for the event or on whose property it is located. If the condition is not voluntarily abated or if it nevertheless becomes necessary to call in additional police personnel in order to terminate the gathering, quell any disturbance, direct traffic, cite illegally parked vehicles, or otherwise respond to the situation within seventy-two (72) hours of the initial response, then the costs of such additional law enforcement services beyond the initial response shall be reimbursed to the city as provided in Section 9.64.006 of this chapter. Each response by law enforcement personnel after seventy-two (72) hours shall be a new response.

(Ord. 2235 § 1 (part), 2006: Ord. 2091 § 1 (part), 2002).

The person or persons responsible for creating a noise disturbance or a party, gathering, or other assemblage of persons described in Section 9.64.004 of this chapter or on whose property the gathering is held, or if such person is a minor then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event:

A. The actual cost to the city of police services within seventy-two (72) hours beyond the initial response by a police officer necessary to abate the conditions described in Section 9.64.004 of this chapter; and,

B. Damage to public property resulting from such law enforcement response; and,

C. Injuries to police personnel incurred in such law enforcement response.

The police department shall accurately compute the cost of providing such services and advise the city manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the police department's response. The person responsible for the event as above described shall be billed for these costs by the city manager upon notice of the charges from the police department and payment shall be due and payable within fifteen (15) days of the billing date. Should the amount due not be paid, the city may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law.

(Ord. 2235 § 1 (part), 2006: Ord. 2091 § 1 (part), 2002).

The chief of police is authorized and directed to prepare appropriate advisory procedures to be followed by police officers responding to a large gathering, including preparation of written materials advising the responsible person or persons of the provisions of this chapter.

(Ord. 2091 § 1 (part), 2002).

The provisions of this chapter shall not limit any other remedies authorized by law.

(Ord. 2091 § 1 (part), 2002).