Sierra Madre Municipal Code Ch. 9.52 Response Costs for Loud Parties, Gatherings and Events

The city council finds and determines that:

A. Police officers are often required to respond to complaints regarding loud or disruptive parties, gatherings or events in order to disperse participants.

B. These loud or disruptive parties, gatherings and events may become violent resulting in assaults, batteries and the perpetration of crimes on the property, threatening the peace, health, safety and general welfare of the public.

C. The necessity of sending police officers to break up loud or disruptive parties, gatherings and events drains police resources from other areas requiring police protection, and unfairly imposes the cost of certain citizens' inappropriate or unlawful behavior on the entire community.

D. The purpose of this chapter is to provide for the recovery of costs incurred by the city as a direct result of multiple responses by police to loud or disruptive parties, gatherings or events which have been determined to be a threat to the public peace, health, safety and welfare.

(Ord. No. 1297, § 1, 7-28-09)

Unless the context clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter:

A. "Loud or disruptive" means conduct that includes, but is not limited to excessive noise, traffic, obstruction of public streets, and/or the presence of unruly crowds that have occupied public streets, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, littering, or any other conduct which constitutes a threat to the public health, safety or quiet enjoyment of property or the general welfare.

B. "Party, gathering or event" means any assemblage of three or more persons upon public or private property for a social occasion or social activity.

C. "Person responsible for the loud or disruptive party, gathering or event" includes all of the following:

1. The owner(s) of the property where the loud party or gathering takes place.

2. The tenant(s) of the property where the loud party or gathering takes place.

3. The organizer(s) of the loud party or gathering.

If any "person responsible for the loud or disruptive party, gathering or event" is a minor, the parent or legal guardian(s) shall be a person responsible for the loud or disruptive party, gathering or event for purposes of this chapter.

D. "Police services fee" means the actual costs incurred by the city for the following items:

1. The salaries and benefits paid to or on behalf of the responding police officers for the time actually spent in responding to or remaining at the scene of a second or subsequent response to a loud or disruptive party, gathering or event at a particular location within a twelve-hour period as established by city council resolution.

2. Actual cost of equipment, transportation, booking and other facilities or services required in the discretion of the police supervisor on duty to be utilized as a result of any second or subsequent response by police to a loud or disruptive party, gathering or event at a particular location within a twelve-hour period.

3. Injuries to city police arising from a second or subsequent response to a loud or disruptive party, gathering or event at a particular location within a twelve-hour period.

4. Damage to public property arising from a second or subsequent response by police to a loud or disruptive party, gathering or event at a particular location within a twelve-hour period.

E. "Administration fee" means the overhead costs incurred by the city at a rate of fifteen percent of "police service fees" as described above.

(Ord. No. 1297, § 1, 7-28-09)

Police initially responding to a loud or disruptive party, gathering or event on private or public property shall issue a written warning to the person(s) responsible for the loud or disruptive party, gathering or event. Such warning shall contain the substance of the following statement: "If police are required to respond again to this location due to a loud or disruptive party, gathering or event within the next twelve hours, then the person(s) responsible for such party, gathering or event shall be assessed a police services fee and administration fee in accordance with Sierra Madre Municipal Code Chapter 9.52."

(Ord. No. 1297, § 1, 7-28-09)

A. If city police are required to respond to a loud or disruptive party, gathering or event at a particular location for a second or subsequent time within a twelve-hour period after a warning has been issued pursuant to Section 9.52.030, then for each such response a police services fee shall be assessed against the person(s) responsible for the loud party or gathering.

B. Each person responsible for the loud or disruptive party, gathering or event shall be jointly and severally liable for the police services fee and administration fee; provided, however, that if any such person is a minor, then the parents or legal guardian(s) of such minor shall be jointly and severally liable in the minor's place.

(Ord. No. 1297, § 1, 7-28-09)

A. The police chief shall notify the finance department of any sums that may be charged to any person under this chapter, including, but not limited to the name(s) of the person(s) responsible for the loud or disruptive party, gathering or event, the date, location and the type and cost of police services rendered subject to this chapter. The finance department shall bill the person(s) responsible for police services fees and administration fee incurred under this chapter.

B. If the person responsible for the loud or disruptive party, gathering or event is a minor, then the parents or legal guardian(s) of that minor shall be jointly and severally liable to the city for the police services fee and administration fee.

C. A police services fee and administration fee shall be paid in full within fifteen days of the billing date unless a written appeal is filed in accordance with Section 9.60.070.

D. Should the person responsible for the loud or disruptive party, gathering or event fail or refuse to timely pay the police services fee and administration fee, the city may institute a civil action to collect arrearages as well as the cost of collection.

(Ord. No. 1297, § 1, 7-28-09)

The amount of any police services fee and administration fee charged pursuant to this chapter shall be deemed a civil debt owing to the city by the person responsible for the loud or disruptive party, gathering or event.

(Ord. No. 1297, § 1, 7-28-09)

Any person assessed a police services fee and administration fee pursuant to this chapter may request an appeal in accordance with the administrative hearing procedures set forth in Sections 1.18.140 and 1.18.150 of the Sierra Madre Municipal Code.

(Ord. No. 1297, § 1, 7-28-09)

A. Nothing in this chapter shall be deemed to preclude any police agency from taking any action, including making arrests and issuing citations, necessary to abate any violation of law occurring at a loud or disruptive party, gathering or event.

B. Nothing in this chapter shall be construed as a waiver by the city to seek reimbursement for actual costs through other legal remedies or procedures.

(Ord. No. 1297, § 1, 7-28-09)