Pismo Beach Municipal Code Ch. 9.28 Second Police Response to Parties, Gatherings or Events

The city council finds and determines that 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 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. (Ord. 92-13 § 1 (part), 1992)

As used in this chapter, the following terms shall have the following meanings:

A. "Party" means a party, gathering, event or other assembly of persons for a social occasion or activity.

B. "Person responsible for the party" means any of the following:

• 1. The person or persons who own the property where the party takes place;
• 2. The person or persons in charge of the premises where the party takes place;
• 3. The person or persons authorizing the use of the premises for the party;
• 4. The person or persons who organized the 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 that minor shall be jointly and severally liable for the police services fee.

C. "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 party 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 police or city equipment or property, administrative processing fees, costs associated with recovering the police services fee, costs incurred by a collection agency, and the overhead and administrative costs related to all of the foregoing.

D. "Second police response" means any police response to the location of a party, made within twelve hours after the distribution of a written warning to the person(s) responsible for the party, gathering or event notifying the person(s) that the party, gathering or event is in violation of the law. (Ord. 92-13 § 1 (part), 1992)

A. A police services fee may be imposed when:

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

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

B. The provisions of this chapter are in addition to the authority of the police to regulate 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 any other applicable law, code or ordinance. (Ord. 92-13 § 1 (part), 1992)

A. The person responsible for the 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. The amount of such shall be a debt to the city of the person(s) responsible for the event receiving the 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. (Ord. 92-13 § 1 (part), 1992)

A. The chief of police or his designate shall thereafter cause appropriate billings to be made.

B. After an attempt to collect the debt by the city to no avail, the debt may be turned over to a collection agency. collection fees charged by the collection agency will be added to the debt. (Ord. 92-13 § 1 (part), 1992)

A. Any person receiving a bill for police services provided pursuant to this chapter, may, within fifteen days after the bill was sent, file a written request with the police department appealing the police services imposed. Any appeal regarding the billing shall be heard by a commanding officer of the police department as designated by the chief of police.

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, the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty days. (Ord. 92-13 § 1 (part), 1992)