San Bernardino County Municipal Code Ch. 6 Subsequent Sheriff Response to Parties, Gatherings and Events

The Board of Supervisors 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 Sheriff’s Department and can leave other areas of the County without minimal levels of law enforcement protection so as to create a significant hazard to the safety of citizens and Sheriff’s officers.

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

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

PERSON RESPONSIBLE FOR THE PARTY. 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.

SHERIFF SERVICES FEE. All costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a party at the rate established in § 16.0226(m) of this Code, including but not limited to the salaries of Sheriff’s Department personnel, as well as the actual cost of any medical treatment to injured officers, the cost of repairing any damaged County equipment or property, and overhead and administrative costs related to all of the foregoing.

SUBSEQUENT SHERIFF RESPONSE. Any Sheriff Department response to the location of a party made within 12 hours after the service of a written warning on a person responsible for the party that the party is in violation of the law.

(a) A Sheriff services fee may be imposed when:

(1) A Sheriff’s Department officer at the scene of a party has given written notice to a person responsible for the party that the party violates the law; and

(2) A subsequent Sheriff’s Department response to the party is required to control the threat to public peace, health, safety and welfare and to disperse the party.

(b) The provisions of this Chapter are in addition to the authority of the Sheriff to regulate parties and shall supplement, and not supplant, the exercise of any other law including, but not limited to, arrest or citation pursuant to the California Penal Code or local law.

(a) Each person responsible for the party for which a Sheriff services fee is imposed under § 24.0603 of this Code shall be jointly and severally liable for the Sheriff services fee. Where a person responsible for the party for which a Sheriff services fee is imposed under § 24.0603 of this Code is a minor, the parents or guardians of that minor shall be jointly and severally liable for the Sheriff services fee.

(b) The amount of the fee imposed pursuant to this Chapter shall be a debt, owed to the County of San Bernardino, of the person responsible for the party receiving the Sheriff services and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought by the County in its own name to recover such amount, plus costs and reasonable attorneys’ fees.

The Sheriff or his or her designate shall cause appropriate billings to be sent to the person responsible for the party. Where there is more than one person responsible for the party, the Sheriff or his or her designate may, in his or her discretion, bill each such person for the portion of the Sheriff services fee that is attributable to such person’s actions in causing the violation of the law referenced in § 24.0603(a) of this Code.

(a) Any person receiving a bill for Sheriff services provided pursuant to this Chapter may, within 15 days after the bill is mailed, file a written request with the Sheriff’s Department appealing the bill. Any appeal regarding the bill shall be heard by an employee of the Sheriff’s Department as designated by the Sheriff.

(b) After a request for appeal is filed, the County shall refrain from collection of the bill until conclusion of the appeal.

(c) If, after a hearing before a Sheriff’s Department employee, the appeal is denied in part or in full, all amounts due to the County shall be paid within 30 days.

(Ord. 3818, passed - -2001)