Oceanside Municipal Code Art. IV Disturbance Abatement

It is the purpose of this section to provide a source of recovery for the costs incurred by the city in returning a second and subsequent time to the scene of a disturbance of the peace as defined by California Penal Code Section 415.

(Ord. No. 91-54, § 1, 11-13-91)

For the purposes of this section the following words and phrases shall have the meaning set forth below:

(1) Responsible person means the person who owns the property where the disturbance of the peace is occurring, the person in charge of the premises where the disturbance of the peace is occurring or the person who organized the event which is causing the disturbance of the peace. If the "responsible person" is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for the second and subsequent city responses. For the purposes of this article the tenant of the owner of a single-family residential property shall be the responsible person in the case of rental property which is not also occupied by the owner.

(2) Costs of second and subsequent responses means the salaries of the city employees and officials for the amount of time actually expended in responding to or in remaining at the disturbance of the peace at a rate established by the city council; together with the actual costs of any medical treatment to injured city employees; and the costs of repairing or replacing any damaged or destroyed city equipment or property.

(3) City employee and officials includes persons performing services to the city through a contract.

(Ord. No. 91-54, § 1, 11-13-91)

During the first response to a disturbance of the peace occurring on private property, the responding officer may, among other things, deliver to the responsible person or persons a "Notice of Violation: First Response" in substantially the following form:

NOTICE OF VIOLATION - FIRST RESPONSE

This notice of violation is given to you as a result of a first response of the City of Oceanside to a disturbance of the peace occurring in violation of Penal Code Section 415. You will be charged for all city personnel and equipment expenses incurred as a result of any second or subsequent response to this location.

The "Notice of Violation: First Response" may contain such other information as deemed necessary by the chief of police to accomplish the purposes of this section.

(Ord. No. 91-54, § 1, 11-13-91)

If the city is required to respond a second or subsequent time to a disturbance of the peace and a "Notice of Violation: First Response" has been delivered to the responsible person or persons, then the city shall commence computing the response costs.

(Ord. No. 91-54, § 1, 11-13-91)

A statement of the charges incurred by the city in its second and subsequent responses shall be prepared and delivered to the responsible person or persons. The amount of the charge shall be deemed a debt to the city of the responsible person or persons who shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees.

(Ord. No. 91-54, § 1, 11-13-91)

If the responsible person is not the record owner of the property, the city may notify the record owner that a subsequent response notice has been given.

(Ord. No. 91-54, § 1, 11-13-91)

Information furnished and secured pursuant to this article shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this section or pursuant to a court order.

(Ord. No. 91-54, § 1, 11-13-91)