Morgan Hill Municipal Code Ch. 9.12 Disturbing the Peace

A. A violation of California Penal Code Section 415 (Disturbance of the Peace) so as to require a second emergency response by the police department will result in a service fee charged to the person who is responsible for the premises at which the disturbance occurred.

B. Prior to issuance of a service fee the following procedural steps must be completed:

1. Identification of a disturbance of the peace;

2. Identification of the responsible person;

3. Issuance of a written notice of first response to a disturbance which outlines the ordinance and the possible ramifications of a second response and is presented to the person apparently responsible for the premises at which the disturbance is occurring.

C. The service fee will be based on a per minute charge for responding officers, dispatchers, overhead and equipment.

D. This service fee shall not apply in any of the following instances:

1. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful activities;

2. Where its application would result in interference with or inhibition of any other exercise of a constitutionally protected right or freedom of speech such as (but not limited to) peaceful expression of political or religious opinions.

(Ord. 1160 N.S., 1994)