South El Monte Municipal Code Ch. 9.44 Costs for Special Services

A. When a party or gathering occurs on private property and a police officer or code enforcement officer at the scene determines that such party or gathering violates Chapter 8.20 or Section 9.12.040 of this Code or the party or gathering for any other reason is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel and code enforcement officers on special security assignment over and above the services normally provided by the police department and the city, not to exceed five hundred dollars. The police personnel and code enforcement officers used during a second response after the first warning to abate the violation of Chapter 8.20 or Section 9.12.040 of this Code or otherwise to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include damages to city property and/or injuries to city personnel.

B. Upon the first response to such an assemblage, the person or persons in charge of the assemblage and the person or persons in charge of the premises, and if such person is a minor, then the parent or guardians of that minor, shall be given a warning in the form of a written notification stating that the first police or city response as above described shall be deemed to be the normal police and city services provided. The written notification shall also indicate that any police or code enforcement personnel necessarily utilized after such first warning to control a noise disturbance or a threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property and/or person in charge of the property where such assemblage occurs, and/or the person responsible for such assemblage, shall be personally responsible for the cost of such special security assignment in an amount determined upon a cost accounting basis by the city and that the cost of such special security assignment, shall include damages to city property and/or injuries to city personnel.

(Ord. 815 §1, 1987; Ord. 1150 §1, 2011)

A. Cost to Responsible Person.

1. When an incident call is made requesting a city or police response to private property and a police officer at the scene determines that the incident is a threat to the public peace, health, safety or general welfare, or a violation of the Municipal Code or state law, the responsible person shall be jointly and severally liable for the cost of providing police personnel and code enforcement officers on special security assignment over and above the services normally provided by the police department and city, not to exceed five hundred dollars. The police personnel and code enforcement officers used on any second and subsequent response within a five-day period after the first response shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include damages to city property and/or injuries to city personnel.

2. Upon the first response to an incident call that is determined by the responding police officer to be a threat to the public peace, health, safety or general welfare, or a violation of the Municipal Code or state law, the responsible person shall be given a first warning in the form of a written notification stating that the first police response shall be deemed to be the normal police and city services provided. The written notification shall also indicate that any police or code enforcement personnel necessarily utilized after this first warning, and on any second and subsequent response, shall be deemed to be on special security assignment, over and above the normal services provided, and the responsible person shall be personally responsible for the cost of such special security assignment in an amount determined upon a cost accounting basis by the city and the cost of such special security assignment shall include damage to city property and/or injuries to city personnel.

3. For purposes of Sections 9.44.020 and 9.44.030, "responsible person" shall include, but not be limited to: (a) person or persons responsible for causing the incident that is a threat to the public peace, health, safety or general welfare; (b) the person who owns the property that is the site of such incident; and (c) the tenant, lessee, occupant or guest of the property that is the site of such incident.

4. The costs of a special security assignment shall constitute a special assessment against the parcel where the incident that is a threat to the public peace, health, safety or general welfare is occurring, and after the assessment is confirmed, shall be a lien on that parcel.

B. Cost to Caller.

1. When an individual or individuals places an incident call requesting a city or police response to private property and the responding city employee or police officer determines that the incident is not a threat to the public peace, health, safety or general welfare or a violation of the Municipal Code or state law, the individual or individuals who placed the call shall be jointly and severally liable for the cost of providing police personnel and code enforcement officers on special security assignment over and above the services normally provided by the police department and city, not to exceed five hundred dollars. The police personnel and city employees used on any third and subsequent response within a five-day period after the first response shall be deemed to be on special security assignment over and above the services normally provided.

2. Upon the first response to an incident call that is determined by the responding city employee or police officer to not be a threat to the public peace, health, safety or general welfare, or a violation of the Municipal Code or state law, the individual or individuals who placed the call shall be given a first warning in the form of a written notification stating that the first response shall be deemed to be the normal police and/or city services provided, but that the individual or individuals who places subsequent calls may have to reimburse the city for costs associated with the response in the event there is no threat or violation. Upon the second response to an incident call that is determined by the responding city employee or police officer to not be a threat to the public peace, health, safety or general welfare or a violation of the Municipal Code or state law, the individual or individuals who placed the call shall be issued a second warning in the form of a written notification indicating that any police or code enforcement personnel utilized and on any third and subsequent responses, shall be deemed to be on special security assignment, over and above the normal services provided, and the individual or individuals who placed the calls shall be personally responsible for the cost of such special security assignment in an amount determined upon a cost accounting basis by the city and the cost of such special security assignment shall include damage to city property and/or injuries to city personnel.

(Ord. 1150 §1, 2011)

The chief of police or designee, and the city finance director or designee, shall establish accounting procedures and records in order to accurately assess the costs to the city of such special security assignment as provided in this chapter. The chief of police is authorized and directed to prepare appropriate advisory procedures to be followed by peace officers during the course of duty with respect to the application of this chapter, including, without limitation, a procedure whereby peace officers responding to an incident shall distribute printed advisory materials to the responsible person or persons which describes the provisions of this chapter in both Spanish and English.

(Ord. 815 §1, 1987; Ord. 1150 §1, 2011)