Pomona Municipal Code § 14-176 Notice to nonresident owner or tenant

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

Administrative costs means the cost of police personnel, facilities and/or equipment reasonably attributed to official police activities in response to a disturbance call and including storage costs for any impounded evidence.

Disturbance call means a call for police assistance where there is unlawful conduct or a threat to the public peace, safety, health or general welfare.

Gathering means a party or event on private property where a group of five or more persons have assembled or are assembled for a social occasion or for a social activity.

Nonresident owner means the owner of the private property where a gathering is conducted who does not reside at the private property.

Nonresident tenant means the tenant of the private property where a gathering is conducted.

Person responsible means the person responsible for a gathering, who shall be deemed to be the following:

(1) The tenant of the premises where the gathering takes place, if the premises are tenant-occupied private property or a nonresident tenant with notice.

(2) The owner of the premises where the gathering takes place, if owner-occupied private property or a nonresident owner with notice.

(3) The person who organized the gathering, including, but not limited to, a promoter or agent of an event.

(4) If the person responsible for the gathering is a minor, the parents or guardians of that minor will be jointly and severally liable for the administrative costs.

Police response means any police actions reasonably necessary to prevent injury or harm to the persons at a gathering, the premises, neighboring premises, other persons, and/or public property, and/or law enforcement activities or operations reasonably necessary.

Private property means improved or unimproved real property, not publicly owned, that is the locus of the gathering.

Response-dispersal means there is an immediate threat to the public peace, safety, health or general welfare requiring an immediate dispersal of a gathering, upon the police department's first response.

Unlawful conduct means any violation of municipal, state or federal laws, including infractions, misdemeanors or felonies.

(Code 1959, § 22-141; Ord. No. 3603, § 1 (part); Ord. No. 3885, § 2)

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to allow for reimbursement to the police department for administrative costs related to second and subsequent responses to gatherings which cause disturbances on private property, including unlicensed paid admission dances or concerts. This division further provides for reimbursement to the police department for administrative costs related to an initial response, when an immediate threat to the public peace, health, safety and/or general welfare requires the department to disperse and monitor the dispersement of the gathering.

(Code 1959, § 22-140; Ord. No. 3603, § 1 (part); Ord. No. 3885, § 1)

(a) Second and subsequent disturbance calls. Any person responsible for a gathering upon private property where the gathering constitutes and/or directly results in unlawful conduct and/or threatens the public peace, safety, health or general welfare shall reimburse the police department for the administrative costs incurred in responding a second and/or subsequent time to the gathering within a 24-hour period. No reimbursement shall be required for the administrative costs incurred pursuant to issuance of an initial warning to the responsible person, except as provided in subsection (b) of this section.

(b) Response-dispersal. If the police department is required to conduct a response-dispersal upon private property which has been the subject to a prior response-dispersal and/or a reimbursable disturbance call under subsection (a) of this section within the previous six-month period, any person responsible for the gathering shall reimburse the police department for the administrative costs incurred for the second and/or subsequent response-dispersal.

(Code 1959, § 22-142; Ord. No. 3603, § 1 (part); Ord. No. 3885, § 3)

(a) Under this division the police chief may impound any evidence of unlawful activity from the premises which is the locus of the gathering, including but not limited to stereo equipment, musical instruments, radios, amplifying equipment, recording equipment and other reasonably related materials.

(b) Such administrative costs shall be assessed against the owner of property impounded under this section to reimburse the police department for processing and storage of the impounded evidence. Any person taking possession of the impounded evidence from the police department shall be assessed an administrative charge, irrespective of whether or not such person attended the gathering at which the underlying unlawful activity occurred.

(Code 1959, § 22-143; Ord. No. 3603, § 1 (part))

(a) The police department administrative charge pursuant to this division shall be as follows:

(1) Personnel cost at the rate set by resolution of the city council.

(2) Actual cost of any medical treatment required by a police officer for injuries sustained during a police response pursuant to this division.

(3) The actual cost of repairing or replacing any city equipment or property damaged or destroyed during a police response pursuant to this division.

(4) The storage costs of impounded evidence pursuant to this division which shall be determined by police department policies and must reflect the actual cost of storing said personal property. Such policies shall be submitted to the city council for approval by resolution.

(b) The city council may increase the charge and/or penalty cited in subsection (a) of this section by resolution.

(Code 1959, § 22-144; Ord. No. 3603, § 1 (part); Ord. No. 3885, § 4)

The nonresident owner or tenant of private property upon which a gathering has resulted in a police response for a disturbance call shall be given notice that the incident did occur at his property and that, if a disturbance call should occur again at the property, he will be held responsible for the administrative costs incurred for all subsequent responses to disturbance calls at the location.

(Code 1959, § 22-145; Ord. No. 3885, § 5)

The chief of police shall provide the person responsible with an itemized statement of the administrative costs incurred under this division. The person responsible shall have 30 days from the mailing of the statement to pay the administrative costs. Should the person responsible fail to make payment within the 30-day period, the chief of police shall initiate appropriate court action to recover the costs.

(Code 1959, § 22-146; Ord. No. 3885, § 6)