Murrieta Municipal Code Ch. 9.04 Loud and Unruly Assemblages

A. When any loud or unruly assemblage occurs or is held (whether in a residential area or not), and the city's law enforcement agency is required to respond to the scene (whether or not in response to citizen complaints), and the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, said senior officer shall notify the owner of the premises or the person in charge of the premises or the persons responsible for the assemblage that said person, or if said person is a minor, the parents and guardians of said person will be held personally liable for the costs of providing police personnel on special security assignment over and above the normal services provided by the police department to those premises.

B. Said person or persons shall be given a first warning, in the form of notification by the police officer that the initial police response shall be deemed to be the normal police services provided as set forth in “A” of this section.

C. The police personnel utilized after the first 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.

D. The accounting and billing procedures as set forth in Section 9.04.020 shall apply.

(Ord. 144 § 2, 1995)

A. The costs of the special security assignment described in Section 9.04.010 shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. Fees and costs shall be established by resolution of the city council, and shall not exceed the reasonable cost of providing such services. In addition, such costs may include damages to city property and/or injuries to city personnel.

B. All fees and charges levied for city services described in Section 9.04.010 shall be due and payable upon presentation.

C. All fees and charges for such services shall constitute a valid and existing debt in favor of the city and against the person to whom such services are rendered, and an immediate cause of action shall accrue to the city for collection thereof in any court of competent jurisdiction.

(Ord. 144 § 3, 1995)

Collection pursuant to this chapter is not intended to be the exclusive remedy, either criminal or civil, available to the city relating to the circumstances which gave rise to the need for police response under this chapter.

(Ord. 144 § 4, 1995)

A. The person or persons charged pursuant to this chapter shall have five days after service of the bill to file a written request with the chief of police for a hearing to determine the reasonableness of the charge.

B. Upon receipt of such request, the chief of police or his/her duly authorized representative shall give to the requesting party or parties not less than seven days written notice of the time and place of the hearing to determine the reasonableness of the fees and charges.

C. The hearing shall be conducted by the chief of police or his or her duly authorized representative, who shall act as the hearing officer. An authorized representative shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the chief of police or his or her duly authorized representative shall determine the reasonableness of the fees and charges imposed.

D. The decision of the chief of police or his or her duly authorized representative shall be final and conclusive in the absence of an appeal as provided in this division.

E. The chief of police or his or her duly authorized representative shall, within five working days of his or her decision, give written notice of the decision to the person or persons who requested the hearing and to any other person requesting such notice, by mailing said decision by certified mail to the address of the person or persons requesting the hearing.

(Ord. 144 § 5, 1995)

A. The person or persons charged shall have the right of appeal to the city council.

B. The appeal shall be filed with the city clerk within five days following receipt of notice of the decision of the chief of police. The appeal shall be in writing and shall state the grounds for the appeal.

C. The city clerk shall set the matter for an appeal hearing before the council at which evidence shall be presented on the discretion vested in the city council to determine the facts, at a date and time not less than ten nor more than thirty days following the filing of the appeal. The city clerk shall then notify the appellant, by certified mail, of the date and time of the hearing. The city council may continue the hearing date where necessary.

D. The council may, by resolution, establish a fee for the processing of an appeal.

E. At the time and place set for such hearing, the city council shall review the decision of the chief of police or his or her duly authorized representative and shall afford the appellant a reasonable opportunity to be heard and to present evidence in connection therewith.

F. The council may, by resolution, establish rules of procedure for the conduct of hearing appeals.

G. A copy of the council's order shall be mailed by certified mail, to the appellant, and to any other person requesting the same, by the city clerk within five working days after the adoption thereof. The council's decision shall be final and conclusive.

(Ord. 144 § 6, 1995)