Santa Ana Municipal Code § 10-305 Appeals

The city finds and determines that: the control of large parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public. Police officers have been required to make as many as three (3) return calls to a location of a party, gathering or event in order to disperse uncooperative participants, and the return of police officers to a location constitutes a drain of manpower and resources often leaving other areas of the city without minimal levels of police protection; all of which creates a significant hazard to the safety of the police officers and to the public in general and constitutes a public nuisance.

(Ord. No. NS-1958, § 1, 5-16-88)

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

(a) Large party, gathering, or event is a group of persons who have assembled or are assembling for a social occasion or for a social activity.

(b) Police services include the salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering or event, at a rate established by resolution of the city council; 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 event is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services.

(d) Special security assignment means the assignment of police officers and services during a second call to a location after the distribution of a written warning that the party, gathering or event violates the law.

(Ord. No. NS-1958, § 1, 5-16-88)

When a large party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person(s) responsible for the event will be held liable for the cost of providing police services for the special security assignment during a second response by the police after the first warning, to control the threat to the public peace, health, safety or general welfare.

The return call, or second call, may also result in the arrest and/or citation of violators of the state penal code or other local regulations.

(Ord. No. NS-1958, § 1, 5-16-88)

The police services fee shall include the cost of personnel and equipment but shall not exceed five hundred dollars ($500.00) for a single incident.

The city does not hereby waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies or procedures.

The amount of such fee charged shall be deemed a debt to the city of the person or persons receiving said service 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. No. NS-1958, § 1, 5-16-88)

The chief of police shall notify the director of finance in writing following such performance of police services, of the name and address of the responsible person, the date and time of the incident and the services performed and the costs thereof and such other information as may be required. The director of finance shall thereafter cause appropriate billings to be made.

(Ord. No. NS-1958, § 1, 5-16-88)

Any individual aggrieved by the decision of the chief of police to assess any penalty under the provisions of this article may appeal to the city council as provided in Chapter 3 of this Code.

(Ord. No. NS-1958, § 1, 5-16-88)