Montebello Municipal Code Ch. 9.40 Multiple Police Responses

A. Some events become loud and unruly to the point that they constitute a threat to the peace, health, safety, or general welfare of the public through excessive consumption of alcohol, and increased incidents of fighting, litter, noise and other conditions detrimental to the community. Further, police resources and personnel are routinely dedicated to specific locations in particular in response to a series of crimes and offenses.

B. The city is required to make multiple responses to such loud or unruly events, or repeated events, offenses, and crimes at a particular location, in order to restore and maintain the peace and protect public health, safety or general welfare. Such events diminish the quality of life in the city, create a burden on scarce city resources, and can result in police responses to regular and emergency calls being delayed and police protection to the rest of the city being reduced. Conditions resulting from such events thereby constitute a public nuisance subject to abatement by any means authorized by law.

C. In order to discourage the occurrence of repeated loud, unruly events and repeated crimes and offenses at particular locations, to reduce the detrimental effects of such events, and to ensure continued availability of resources to abate these nuisances, the city seeks to deter such violations by setting forth a mechanism for recovery of such nuisance abatement costs and penalties, as set forth in this chapter.

(Ord. No. 2365, § 8, 1-28-2015)

As used in this chapter, the following terms shall have the following meanings.

A. "Costs" means any costs or expenses actually incurred by the city in a subsequent police response, including, but not limited to, those costs relating to personnel and administration pursuant to the master fee schedule as may be amended from time to time, equipment, mutual aid, damages to city property and/or costs incurred due to any injuries to city personnel.

B. "Event" means any party or gathering on private property, regardless of the number of attendants, to which a police response is required due to any of the following disturbances:

1. Loud and boisterous conduct and activities; or

2. Loud and unreasonable noise; or

3. Disturbing the peace; or

4. Intoxication or influence of a controlled substance; or

5. Fighting, obscenity; or

6. Loud music or noise in violation of this code or which disturbs the peace; or

7. Indecent exposure or lewdness; or

8. Any conduct or condition resulting in a substantial danger to the public health, safety or welfare.

C. "Officer" means any individual employed or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws enacted by the city or state, including a police officer and code enforcement officer.

D. "Person responsible for the event" means any individual or entity that is any of the following:

1. The owner(s) of record of the property where the event takes place;

2. The person or persons actually in or apparently in charge of the premises where the event takes place;

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

4. The person or persons who organized the event; or

5. The person or persons who the responding officer believes is causing, performing, permitting to exist or otherwise maintaining the event as a public nuisance, including, but not limited to, any other person in real or apparent charge or control of the real property.

E. "Subsequent police response" means any police response to the location of an event made within three months after the distribution of a written warning to the person responsible for an event at that location, or within three months after a prior subsequent police response. A subsequent police response is hereby declared a public nuisance subject to abatement.

(Ord. No. 2365, § 8, 1-28-2015)

A. Whenever an officer is called to the scene of an event, the officer shall leave a written warning with a person responsible for the event. If the person responsible for the event cannot be located, the officer shall either post the written warning on the front door or primary entrance to the event, or at a location which is visible from the street and which is as close to the front door or primary entrance to the event as is reasonably possible.

B. The written warning shall: (1) identify the date, time and location of the officer's response; (2) include an explanation of why the event qualifies as an "event" under this chapter; and (3) include a general explanation of the consequences of a subsequent police response, including the fact that an administrative citation may be imposed on each person responsible for the event.

C. The written warning provided or posted pursuant to this chapter shall constitute constructive notice to a person responsible for the event regardless of actual receipt of the written warning, and such notice shall be imputed to all persons responsible for the event.

D. If the property owner does not cause the event, then the city shall send a copy of the warning to the property owner by certified mail to the property owner's mailing address as determined on the most recently available Los Angeles County tax assessor's roll.

(Ord. No. 2365, § 8, 1-28-2015)

A. Whenever an officer makes a subsequent police response to an event, all abatement costs, as defined in Section 9.40.020 of this chapter, that are incurred by the city may be recovered from any or all persons responsible for the event, who shall be jointly and severally liable, and/or from the property on which the event occurred.

B. Any costs and/or penalties payable to the city by a person responsible for an event as a result of a subsequent police response shall be recovered pursuant to the procedures set forth in Chapter 8.16 of this code. The city may also recover unpaid costs or penalties via initiation of a judicial action or collection process, as it deems appropriate.

(Ord. No. 2365, § 8, 1-28-2015)

A person against whom subsequent police response costs and/or penalties are imposed may appeal the costs and/or penalties pursuant to Chapter 8.16 of this code.

(Ord. No. 2365, § 8, 1-28-2015)

The provisions of this chapter are in addition to the authority of the police or other city officials to regulate events or enforce this code or other applicable law, and shall supplement, and not supplant, the exercise of any other power available to the city or the enforcement of any other law within the jurisdiction of the city. Any remedies may be pursued by the city individually, consecutively, or in conjunction with each other.

(Ord. No. 2365, § 8, 1-28-2015)

Failure of the city to strictly apply any procedure or penalty provided in this chapter or in parts of this code referenced by this chapter, either in whole or in part, shall not invalidate any enforcement procedure or action commenced or concluded by the city, whether under this chapter or otherwise.

(Ord. No. 2365, § 8, 1-28-2015)