Petaluma Municipal Code Ch. 10.66 Excessive Disturbance Calls at Commercial Establishments

The title of this chapter shall be "Excessive Disturbance Calls at Commercial Establishments." (Ord. 1966 NCS §1,

1994.)

The city council Mnds that there are occurrences at commercial establishments open to the public that may, on

occasion, disturb the public peace, safety and welfare, thereby requiring the police department to respond and

abate the disturbance. When police department responses to disturbances occur more than three times in a six-

month period at a particular commercial establishment, the owner(s) or operator(s) of which are unable or

unwilling to prevent such disturbances, there is an undue drain on city resources and an improper diminution of

police resources available to respond to disturbances elsewhere. It is in the best interest of public safety, welfare

and convenience of city as well as in fairness to its citizens that the city require those persons owning and

operating commercial establishments to defray the city’s expenses in providing police services for an excessive

number of disturbance calls. (Ord. 1966 NCS §1, 1994.)

For purposes of this chapter, the following terms shall be deMned as follows:

A. "Disturbance calls" mean those responses by the police department to occurrences on private property that

constitute a disturbance as determined by a police oOcer at the scene.

B. "Disturbance" means a threat to public peace, health, safety and welfare, including but not limited to the

following violations of the California Penal Code: disturbing the peace (Penal Code Section 415), brandishing a

weapon (Penal Code Section 417), assault (Penal Code Section 240), battery (Penal Code Section 242), assault with a deadly weapon (Penal Code Section 245), riot (Penal Code Section 404), rout (Penal Code Section 406), and

unlawful assembly (Penal Code Section 407).

C. "Police services" means and includes the salaries of the police oOcers for the amount of time actually spent

in responding to, or in remaining at the scene of the disturbance, at a rate established by resolution of the city

council; the actual cost of any medical treatment for injured oOcers; and the cost of repairing any damaged city

equipment or property.

D. "Person responsible" or "responsible person" means the person who owns, rents, leases, or otherwise

operates or controls the commercial establishment where a disturbance is occurring.

E. "Commercial establishment" means those establishments open to the public where people gather to eat,

drink beverages, or seek entertainment, including but not limited to bars, restaurants, gaming establishments, and

concert halls.

(Ord. 1966 NCS §1, 1994.)

establishments.

During each response to disturbance calls at a commercial establishment, the police department will issue a

written notice to the owner or responsible person at the commercial establishment of the potential for the billing

of police services. When the police department determines through a police records check that a commercial

establishment has received three such notices in the previous six-month period, that commercial establishment

will be notiMed that it will be billed for police services resulting from a fourth or subsequent disturbance call within

a six-month period.

When a fourth or subsequent disturbance call occurs within a six-month period at the same commercial

establishment, the responsible person at the commercial establishment will be liable for a police services fee to

cover the cost of providing police services in connection with such fourth and subsequent disturbance call. The

responsible person shall be billed for the police services fee, as computed below, and payment shall be due and

payable within thirty days of the mailing of the bill by the city. (Ord. 1966 NCS §1, 1994.)

The police services fee shall include the cost of personnel and equipment as computed by the city Mnance

department but shall not exceed one thousand dollars for a single incident, provided however, that the city does

not hereby waive its right to seek reimbursement for actual costs exceeding one thousand dollars through its legal

remedies. The amount of such fees shall be deemed a debt owed to the city by the person responsible for the

event. Any person owing such fees shall be liable in an action brought in the name of the city for recovery of such

fees, including reasonable attorney fees. (Ord. 1966 NCS §1, 1994.)

Any person receiving a bill for a police services fee may Mle within thirty days after the date of mailing of the bill, an

administrative appeal against imposition of the fee. The request for hearing shall be in writing and Mled with the

chief of police, and shall include a copy of the bill and a statement of the grounds for appeal. The chief of police, or

his designee, shall conduct an administrative hearing on the appeal, after giving appellant at least ten days’

advance written notice of the time and place of the hearing. Within ten days after the hearing, the hearing oOcer

shall give written notice of the decision to the appellant, which decision shall be Mnal. If the appeal is denied in part

or full, all amounts due shall be paid within thirty days after the date of mailing notice of the decision of the

hearing oOcer. (Ord. 1966 NCS §1, 1994.)