National City Municipal Code Ch. 10.46 Police Services at Parties, Gatherings or Events on Private Property

The city finds and determines that the control of parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public.

Police officers have been required to make as many as three return calls to a location of a party, gathering or event in order to disperse uncooperative participants, and the return of police officers to a location constitutes a drain of manpower and resources, often leaving other areas of the city without minimal levels of police protection; all of which creates a significant hazard to the safety of the police officers and to the public in general and constitutes a public nuisance.

(Ord. 1969 § 1 (part), 1989)

For the purpose of this chapter, the following definitions shall apply:

A. "Party, gathering or event" is a group of persons who have assembled or are assembling on private property for a social occasion or social activity.

B. "Person responsible for the event" is the person who owns the property where the party, gathering or event takes place and/or the person in charge of the premises and/or the person who organized the party, gathering or event. If the person responsible for the event is a minor, then the parents or guardians of that minor will jointly and severally be liable for the costs incurred for police services.

C. "Police services" include the salaries of the police officers for the amount of time actually spent in responding to, handling all associated duties, or in remaining at the party, gathering or event at a rate established by the director of finance; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged city equipment or property.

D. "Special security assignment" is the assignment of police officers and services during the second call to a location after the distribution of a written warning that the party, gathering or event violates the law.

(Ord. 1969 § 1 (part), 1989)

When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to public peace, health, safety or general welfare, the persons responsible for the event will be held liable for the cost of providing police services for the special security assignment during the second response by the police after the first warning to control the threat to the public peace, health, safety or general welfare.

The return call, or second call, may also result in the arrest and/or citation of violators of the California Penal Code or other local ordinances.

(Ord. 1969 § 1 (part), 1989)

The police service fee shall include the cost of personnel and support, equipment damages, and cost of injuries to officers. The fee shall be no less than and shall not exceed the cost of police services for a single event.

The amount of such fee charged shall be deemed a debt to the city of the person or persons receiving said services and, if minors, of their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees.

(Ord. 1969 § 1 (part), 1989)

The chief of police shall notify the director of finance in writing, following the rendering of police services, of the name and address of the person responsible for the event, the date and time of the event, the services performed and the costs thereof, and such other information as may be required. The director of finance shall thereafter cause appropriate billings to be made.

(Ord. 1969 § 1 (part), 1989)

Any person aggrieved by any decision of the chief of police to bill for police services rendered may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the date of the billing. Upon the filing of such request, the city clerk shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be held within thirty days after the appeal is filed. At the hearing, any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing, the city council shall either grant or deny the appeal and the decision of the city council shall be final.

(Ord. 1969 § 1 (part), 1989)