San Bernardino Municipal Code Ch. 8.82 Establishment of Extraordinary Law Enforcement Services

(A) It is the intent of the City Council, by the adoption of this chapter, to impose on and collect from the person(s) in charge of or responsible for an event that generates extraordinary cost to the city over and above the cost of providing normal law enforcement services and police protection citywide. The event for which charges are imposed are those voluntarily elected by the person(s) responsible for the services, or his or her parent, guardian or the person having custody of a minor. The purpose of this chapter is to recover the actual cost to the city incurred by providing these police services. The City Council believes it is necessary that persons voluntarily incurring special and extraordinary police services pay to the city the reasonable cost of providing such services.

(B) This chapter is not intended to apply, and shall not apply, to events of a political or religious nature, or any event involving speech protected by the First Amendment of the U.S. Constitution or by the California Constitution.

(Ord. MC-772, passed 3-12-1991; Ord. MC-1248, passed 6-18-2007)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EVENT. A gathering of two or more persons on a premises within the city at the invitation, request or consent of the person in charge or control of the premises.

EXTRAORDINARY LAW ENFORCEMENT SERVICES. Those necessarily and reasonably incurred by the city in the protection of the public health, safety and welfare and in the protection of property which said services are in addition to police services the city would normally provide without a special charge and which have arisen because of activities or events.

NUISANCE. Includes both public and private NUISANCES defined in the California Civil Code.

PERSON IN CHARGE. The owner, manager or occupant in charge of or in control of the premises at which an event is occurring. If the PERSON IN CHARGE is a minor, his or her parents or legal guardian is presumed to be the PERSON IN CHARGE.

PREMISES. A building and surroundings or any open area within the city.

SCHEDULED EVENT. An event where the person scheduling the same has determined that because of its nature, extraordinary police services will be necessary over and above that normally provided by the city for the protection of the public health safety and welfare. An event is SCHEDULED when written notice thereof setting forth the time, place and nature of the event has been filed with the Chief of Police.

UNSCHEDULED EVENT. One requiring extraordinary police services over and above those normally provided for the protection of the public health, safety and welfare and which has occurred without advance notice to the city. UNSCHEDULED EVENTS include, but are not limited to, loud and boisterous conduct, noises and activities; disturbing the peace; a congregation of two or more persons in intoxicated conditions or under the influence of drugs or alcohol; fighting; use of obscene or inflammatory language; loud music constituting a nuisance or disturbing the peace; activities causing excessive pedestrian or vehicular traffic and parking problems and congestion; vehicular racing and cruising; events occurring after 11:00 p.m. to 6:00 a.m. of the following day; use and display of narcotics, illegal drugs and controlled substances and paraphernalia for its use; the congregation of two or more persons using illegal drugs, narcotics or controlled substances; or congregating in a noisy or rowdy crowd, indecent exposure and lewd conduct.

(Ord. MC-772, passed 3-12-1991)

(A) Any person planning a scheduled event where extraordinary law enforcement services may be required shall register the event in advance with the Chief of Police at least five working days before the occurrence of the event.

(B) The registration shall be in writing and shall include the following information:

(1) The name, address and phone number of the person in charge and who will be available at all times during the event;

(2) The place and time the event will occur; and

(3) The nature of the event and the number of requested police officers or other law enforcement services.

(Ord. MC-772, passed 3-12-1991)

(A) The Chief of Police shall review the registration and set forth the conditions necessary for providing police protection during said event. If the Chief of Police determines that the police services necessary are extraordinary, he or she, or his or her designate, shall determine the cost of said extraordinary services and advise the person planning the event prior to the commencement of said event of the nature and extent of law enforcement services to be provided and the cost thereof.

(B) Upon receipt of said written notification, the person in charge of said event may:

(1) Accept said charges and pay the same in advance of the event. In such an event, said person shall not be charged for any extraordinary law enforcement services in excess of the amount paid even though the actual cost of said services exceed the amount paid;

(2) Decide to schedule the event but contest the cost of providing the extraordinary services. In that event, the actual cost of providing law enforcement services to the extraordinary event shall be determined upon its completion and a bill sent to the person in charge;

(3) Elect to provide private security for the event in the manner directed by the Chief of Police to include the number of security officers and qualifications/capabilities of the security officers; and

(4) Elect not to schedule the event and notify the Chief of Police or appropriate area commander in person or by mail, no later than 24 hours prior to the scheduled event.

(Ord. MC-772, passed 3-12-1991)

(A) Except as provided herein below, if an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him or her by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the city for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call.

(B) If an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance of an immediate nature such that a written warning is not feasible, a written warning shall not be required and the person in charge will be held liable to the city for the cost of all law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the call.

(C) (1) The personnel and equipment of the law enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. In the event a written warning is not feasible, then personnel and equipment of the law enforcement agency called in, including, but not limited to, mutual aid agencies, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge.

(2) In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstances, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein.

(Ord. MC-772, passed 3-12-1991; Ord. MC-1223, passed 4-18-2006)

Any individual aggrieved by the decision of the Chief of Police may, within five working days of the receipt of said written bill, request a review of the matter before the City Administrator who shall, along with a representative of the law enforcement agency, review the necessity of the services and the cost thereof with the individual appealing the determination of said costs. The City Administrator may, in his or her discretion, determine that the cost of said charges in all fairness and the administration of justice should be reduced or terminated based upon reasonable evidence warranting the same. Any individual aggrieved by the decision of the City Administrator may appeal that decision in writing to the City Council by written notice filed with the City Clerk within five working days of the decision of the City Administrator. Unless appealed, the decision of the City Administrator is final. In the event of non-payment, the City Attorney is authorized and directed to bring all necessary legal actions to collect the costs of said services.

(Ord. MC-772, passed 3-12-1991)