Rocklin Municipal Code Ch. 9.40 Disturbance Call Back Cost Recovery

This chapter may be cited as the city of Rocklin Disturbance Call Back Cost Recovery Ordinance.

(Ord. 865 § 1 (part), 2002).

The city of Rocklin finds and determines police officers, in response to complaints, are often required to make several return trips to a location of a disturbance causing loud and unreasonable noise in order to disperse uncooperative participants. The return of police officers to a location constitutes a drain of personnel and resources often leaving other areas of the city without minimal levels of police protection. This creates a significant hazard to the safety of the police officers and to the public in general.

(Ord. 865 § 1 (part), 2002).

For the purposes of this chapter, the following definitions shall apply:

A. "Disturbance" shall include parties, gatherings, and any other activities causing loud and unreasonable noise so as to constitute a threat to the peace, health, safety, or general welfare of the public.

B. "Cost of police services" include the salaries of the responding police officers, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent in responding to or remaining at the disturbance; appropriate overhead; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged city equipment or property.

C. "Person responsible for the disturbance" or "responsible person" is the person causing the disturbance, the person who owns or is in charge of the property where the disturbance takes place, and the person who organized the event or activity causing the disturbance. If the person responsible for the disturbance is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services.

(Ord. 865 § 1 (part), 2002).

When police personnel respond to any location due to a disturbance, the responding officers may issue a written warning to the responsible person. The notice shall state that if police department personnel are required to return to the same location within the following twelve hour period because of similar or continuing disturbances, such further response shall constitute special security services. Further, this warning shall state that the responsible person may be charged for the cost of providing such special security services. The warning shall be offered for signature to the responsible person. The warning shall be signed by the responsible person, or, if the responsible person refuses to sign, the words "refused to sign" shall be entered on the warning acknowledging receipt of the warning. A copy of the warning shall be left with the responsible person. If a second or subsequent response is required, police department personnel shall have the responsible person sign a second response voucher. If the responsible person refuses to sign, the words "refused to sign" shall be entered on the voucher acknowledging the occurrence of the second response. A copy of the voucher shall be left with the responsible person.

(Ord. 865 § 1 (part), 2002).

The cost of police services charged to persons responsible for a disturbance under this chapter shall be calculated using the cost reasonably borne to provide the service determined under Chapter 3.32 and actual cost of medical treatment and damages to equipment. The amount charged shall be deemed a debt to the city of the person(s) responsible for the disturbance and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees.

(Ord. 865 § 1 (part), 2002).

Nothing in the adoption or administration of this chapter shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this code or any state law arising out of the same circumstances necessitating the application of this chapter.

(Ord. 865 § 1 (part), 2002).