San Clemente Municipal Code Ch. 2.52 Police Second Response Fee

As used in this chapter:

"Disorderly event" means any event at which two (2) or more persons have gathered when the event poses a threat to the public peace, health, safety or welfare due to any reason whatsoever, including, but not limited to, excessive noise, violence, criminal activity or traffic congestion.

"Responsible person" means that person who owns the property upon which the disorderly event is occurring; the person in charge of the premises at which the disorderly event is occurring; and/or the person who organized the disorderly event. If the responsible person is a minor, then the parents or guardian of that minor will be jointly and severally liable as a responsible person or persons.

"Second response" means all police response to a disorderly event subsequent to the initial police response by the City's Police Department, without regard to the actual identity of the responding police officers.

"Second response fee" means the fee representing the average cost of engaging in a second response as such fee is established by resolution of the City Council. The above notwithstanding, the City does not waive its right to seek reimbursement through other legal remedies or procedures for those actual costs which exceed the second response fee and result from the occurrence of the disorderly event.

(Prior code § 16-23(a))

A. .....When a disorderly event occurs on private property, the responsible person will be held civilly liable for the second response fee. No person shall be held liable for the second response fee unless a responsible person or person who represents that they are a responsible person has been provided with a written warning which, in substance, provides as follows:

Unless the disorderly event is brought under control so as not to endanger the public peace, health, safety or general welfare of the people of the City of San Clemente, the police may be required to undertake a second response, at which point you will be responsible for the second response fee. The second response fee has been established by the City as $125.00.

B. .....The payment of the second response fee is in addition to, and not in lieu of, any criminal penalty that may result from the actions of any person at the disorderly event.

(Prior code § 16-23(b))

The second response fee shall be deemed a personal debt of the responsible person to the City. Any person owing money to the City shall be liable in an action brought in the name of the City for the recovery of such amount, including reasonable attorneys' fees.

(Prior code § 16-23(c))

The Chief of Police shall submit a written notification to the City's Finance and Administrative Services Director providing the following: the date, time and place at which the police were required to participate in a second response for which a second response fee has been charged; the name and address of the responsible person; and any other information as may be deemed necessary by the Finance and Administrative Services Director. The Finance and Administrative Services Director shall thereafter cause the appropriate billings to be made.

(Prior code § 16-23(d))