San Bruno Municipal Code Ch. 5.20 Unruly Gatherings

The purposes of this chapter are to assist the police department in controlling unruly gatherings, to defray the costs of providing an emergency response during a third call and any subsequent call to such gatherings and to deter noisy or dangerous gatherings which are disturbing the public peace. This chapter shall have no application to assemblies, meetings, gatherings, demonstrations or marches supporting or espousing political, social, ethical, religious or other causes or beliefs: the expression of which is entitled to protection under the United States or California Constitutions.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

"Person or persons in charge"

means the person or persons in charge of the unruly gathering or in charge of the property of which such unruly gathering takes place.

"Third call for service to an unruly gathering"

means a response by the police department, which occurs after two previous responses by the police department where the person or persons in charge was/were advised that the gathering is unruly, and that such person or persons in charge is/are potentially liable under this chapter.

"Unruly gathering"

means a noisy or dangerous gathering of two or more persons which is disturbing the public peace.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

Whenever the police department within a twenty-four-hour period makes a third call for service to an unruly gathering, the police personnel making the call for service are providing special emergency security services. The cost of providing such services may be charged to the person or persons in charge in an amount established by resolution of the city council.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

The person or persons in charge of the unruly gathering and, if occurring on private property, the person or persons in charge of the property, shall be jointly and severally liable for the cost of providing the special emergency security services. The police chief, or designee, will be responsible for determining whether a charge for a third call for service to an unruly gathering and subsequent call(s) within twenty-four hours shall be levied. The police chief or designee will be responsible for billing the parties who are liable. Payment shall be within thirty days of mailing of the bill, by first class and return receipt mail, to the person or persons in charge of the unruly gathering and or the property on which such unruly gathering occurred.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

No person shall be liable for charges unless such person has been informed of his or her potential liability by a police officer during the first or second call. The police department shall prepare a written document warning of potential liability under this chapter and during the first or second call provide a copy thereof to each such person.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

Any abatement process undertaken pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate an unruly gathering or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same unruly gathering.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

In addition to any other remedy under law, the city may bill the costs incurred in seeking abatement of the unruly gathering in the amount established by city council resolution to each and every person who created, caused, committed or maintained the unruly gathering. Evidence that a person was requested to leave such a gathering and refused or failed to do so shall be rebuttable proof that person committed and maintained an unruly gathering.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

If the person liable is a minor, the parents or guardian of the minor shall be liable.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

No section of this chapter shall impose a mandatory duty on the city, or on any officer, official, agent, employee, board, council or commission of the city. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section or not to enforce it.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

A. Notice of Proposed Imposition of Party Nuisance Fees. The police department shall send by first class and return receipt mail to the person(s) responsible for the party nuisance fees at his/her last known address a notice which shall specify the date, time and nature of the events which are the basis for the imposition of party nuisance fees, and the cost being imposed by the city. The notice shall state that the responsible party has the right to request a hearing before the police chief, or designee, on the proposed imposition of party nuisance fees by submitting a written request therefor to the police department within ten days of the date of the notice.

B. Hearing on Imposition of Party Nuisance Fees. Upon the receipt of a timely written request from the responsible party for a hearing, the police department shall set the matter for a hearing before the police chief or designee on a date which is at least ten days from the date of receipt of the request for a hearing by the police department. At the hearing, the responsible party may be represented by counsel and may present relevant evidence regarding the alleged grounds for imposition of party nuisance fees.

C. Decision by Police Chief. The police chief shall render a written decision within a reasonable time period after the hearing.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

Any person or persons in charge aggrieved by the decision of the chief of police relating to the imposition of party nuisance fees may, within ten days of the written notice of the decision of the chief of police, appeal such decision to the city manager by the filing of a notice of appeal with the city clerk. If such appeal is not taken within ten days, the decision of the chief of police shall be final. For purposes of this section, the ten days shall commence to run from the date specified on the written notice issued by the chief of police, and not from the date the notice is actually received by the applicant.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

Upon referral or appeal to the city manager, the decision of the chief of police shall be scheduled for an evidentiary hearing.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

A copy of the notice of hearing shall be mailed to the applicant. The city manager may give such additional notice of hearing as the city manager deems appropriate in the particular case.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

At the date set for hearing, the city manager shall hear all competent testimony relating to the imposition of party nuisance fees and may continue the hearing to a fixed date.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)

The city manager may waive, decrease or increase the fees subject to such condition as deemed reasonable under the circumstances. The decision of the city manager may be appealed to the city council in accordance with Chapter 1.32 of this code.

(Ord. 1642 § 1, 2001; Ord. 1881 § 3, 2020)