Chapter 9.34 — CHARGE FOR POLICE RESPONSE TO LARGE PARTIES, GATHERINGS OR EVENTS

The city council finds and determines that large parties, gatherings, or events on private property can constitute a threat to the peace, health, safety, or general welfare of the public. Officers have been required to make many return calls to large parties, gatherings, or events in order to disperse uncooperative and unruly participants. Such return calls drain the manpower and resources of the police department, and can leave other areas of the city without minimal levels of police protection so as to create a significant hazard to the safety of citizens and police officers.

(Code 1972, § 9.34.010; Ord. No. 793, § 1, 1989)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Large party means a large party, gathering or event or other assembly of persons for social occasions or activity.

Person responsible for the large party means any of the following:

(1)

The person who owns the property where the large party takes place;

(2)

The person in charge of the premises where the large party takes place;

(3)

The person authorizing the use of the premises for the large party;

(4)

The person who organized the large party.

Each of the above shall be jointly and severally liable for the police services fee except where the person responsible for the event is a minor, in which case the parents or guardians of the minor shall be jointly and severally liable for the police services fee.

Police services fee means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a large party at a rate established by resolution of the city council, including, but not limited to, the salaries of the police personnel, the actual cost of any medical treatment to injured officers, the cost of repairing any damaged city equipment or property, and overhead and administrative cost related to all of the foregoing.

Subsequent police response means any police response to the location of a large party made within 12 hours after the distribution of a written warning to the person responsible for the large party, notifying said person that the large party is in violation of the law.

(Code 1972, § 9.34.020; Ord. No. 793, § 1, 1989)

(a)

A police services fee may be imposed when:

(1)

A police officer at the scene of a large party has given written notice to the person responsible for the event that the large party violates the law; and

(2)

A subsequent police response to the large party is required to control the threat to public peace, health, safety and welfare and to disperse the large party.

(b)

The provisions of this chapter are in addition to the authority of the police to regulate large parties and shall supplement, and not supplant, the exercise of any other available law, including, but not limited to, arrest or citation pursuant to the California Penal Code or local law.

(Code 1972, § 9.34.030; Ord. No. 793, § 1, 1989)

(a)

The person responsible to the large party for which a subsequent police response is dispatched shall be liable for a police services fee to defray the reasonable costs of providing the subsequent police response.

(b)

A police services fee shall not exceed $1,500.00 for any single incident; provided, however, that the city does not waive its rights to seek reimbursement for actual costs exceeding $1,500.00 through other legal remedies or procedures.

(c)

The amount of such fee shall be a debt to the city of the person responsible for the event receiving said police services and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorney's fees.

(Code 1972, § 9.34.040; Ord. No. 793, § 1, 1989)

The chief of police of his designate shall notify the finance department in writing of the name and address of the person responsible for the party, of the date and time of the incident, of the services performed and the police services required, and such other information as may be required. The finance department shall thereafter cause appropriate billings to be made.

(Code 1972, § 9.34.050; Ord. No. 793, § 1, 1989)

(a)

Any person receiving a bill for police services provided pursuant to this chapter, may, within 15 days after said bill was sent, file a written appeal request appealing the police services fee imposed. Any appeal regarding the billing shall be heard by a commanding officer (administrative services division) ("ASD") and the city manager, or their designees.

(b)

After a request for appeal is filed, the city shall withhold collection of the bill until conclusion of the appeal.

(c)

If, after a hearing before a commanding officer (ASD) and the city manager or their designees, the appeal denied in part or in full, all amounts due to the city shall be paid within 30 days.

(Code 1972, § 9.34.060; Ord. No. 793, § 1, 1989)

VI. - OFFENSES AGAINST PROPERTY