Chapter 6.80 — CHARGES FOR SPECIAL SECURITY

SERVICES AT LOUD AND UNRULY GATHERINGS Section 6.80.010 Findings. 6.80.020 Authority and purpose. 6.80.030 Definitions. 6.80.040 Response to loud or unruly gatherings. 6.80.050 Cost recovery for special security services.

6.80.060 Violations; fines. 6.80.070 Billing and collection. 6.80.080 Severability.

(A) Loud and unruly gatherings held at private residences or at rented residential and commercial premises or on public property are harmful to the persons themselves and a threat to the peace, health, safety, quiet enjoyment of residential property and the general welfare of the public. Persons at these gatherings are at greater risk to harm themselves and/or others, to be assaulted or assault others, and girls are at greater risk of sexual assaults. (B) Problems associated with loud and unruly gatherings are difficult to prevent and deter. Police need an arsenal of tools to deal with the issue of these gatherings and their attendant problems. If persons are held civilly responsible by having to pay a significant fine for gathering where there is loud and unruly behavior, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control. (C) In the past and present, law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions, to these types of gatherings. The repeated return of police officers to the location of an event constitutes a drain of emergency personnel and resources, often leaving other areas of the city without police protection or with unreasonably limited protection. Responses to such gatherings also result in a disproportionate expenditure of public safety resources of the city, which are underwritten by general municipal taxes paid to the city by its taxpayers and residents. (Ord. 12-06, passed 5-15-2012)

This chapter is adopted under the municipal affairs provisions of the City Charter to protect public health, safety, general welfare and quiet enjoyment of residential property and public property and properties neighboring one of these gatherings; to discourage and deter persons from hosting or improperly supervising a party where there is loud and unruly behavior; and to establish standards and controls of parties, gatherings or assemblages on private and public property when such gatherings are determined to be a threat to the public peace, health, safety or general welfare, or require initial police response and return calls to the location to disperse uncooperative participants. (Ord. 12-06, passed 5-15-2012)

For purposes of this chapter, the following definitions shall apply. LOUD OR UNRULY GATHERING. A gathering of four or more persons on private property or a permitted gathering of two or more persons on public property whose loud or unruly conduct constitutes a threat to public peace, health, safety, quiet enjoyment of residential property or the quiet enjoyment of other persons at a public property or general welfare, including violations of Chapter 6.70. This term excludes incidents of domestic violence. A LOUD OR UNRULY GATHERING shall constitute a public nuisance. PRIVATE PROPERTY. Shall mean, but is not limited to, a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, during party or other social function, and whether owned, leased, rented, or used with or without compensation. PUBLIC PROPERTY. Shall mean, but is not limited to, a property owned by the city, a district or other public entity, state or federal government. RESPONSIBLE PERSON. A person or persons with a right of possession of the residence or other private or public property at which an unruly gathering is conducted. (A) A RESPONSIBLE PERSON includes, but is not limited to: (1) Owner(s) and/or lessee(s) of the property where an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside; (2) Permittee(s) if the gathering is a permitted gathering on public property; (3) Person(s) hosting or accepting responsibility for an unruly gathering; (4) Person(s) receiving money or other consideration for granting access to an unruly gathering; (5) Parent(s) or legal guardian(s) of a juvenile person who is also a RESPONSIBLE PERSON; (6) Tenant of the residence or other private property; and (7) Person(s) in charge of the private property.

(B) To incur liability for special security service charges imposed by this chapter the RESPONSIBLE PERSON need not be present at the loud or unruly gathering resulting in the emergency response giving rise to the imposition of special security service charges and prior knowledge of the unruly gathering is not a prerequisite to a finding that any specific individual is a RESPONSIBLE PERSON as defined by this section. This chapter therefore imposes vicarious as well as direct liability upon RESPONSIBLE PERSONS. SPECIAL SECURITY SERVICES. The provision of any police, fire or other emergency response service to a loud or unruly gathering within 12 months of a first response as provided in this chapter. UNDERAGE PERSON. Any person under 21 years of age. (Ord. 12-06, passed 5-15-2012)

(A) When a police officer responds to a first loud or unruly gathering at premises in the city with a given address, the officer shall issue a written warning to any responsible person at the scene that: (1) The officer has determined that a loud or unruly gathering exists; and (2) Responsible persons will be charged for the cost of any special security services required for subsequent responses to the scene within the next 12 months. (B) Only one warning will be given pursuant to this section before the city assesses special security service costs pursuant to § 6.80.050. If a responsible person cannot be identified at the scene, the Police Department may issue a warning to one of the other responsible persons defined in § 6.80.030 or subsequently return to the scene and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the premises in question shall be delivered by certified mail. (Ord. 12-06, passed 5-15-2012)

When the Police Department or Fire Department or other city emergency responder responds to a loud or unruly gathering at premises with a given address in the city within 12 months of a warning given to a responsible person for those premises pursuant to § 6.80.040, or while any such warning remains in effect pursuant to § 6.80.040, all responsible persons shall be jointly and severally liable for the city’s costs of providing special security service for that response and all subsequent responses during that warning period. (Ord. 12-06, passed 5-15-2012)

(A) Violations. It shall be an infraction for a responsible person to conduct or allow a loud or unruly gathering on premises owned by the responsible person or on premises rented by or to the responsible person or on public property where the responsible party is the permittee. A third or subsequent violation within a 12-month period shall constitute a misdemeanor. (B) Fines. The City Council, by resolution, shall establish civil penalties for: (1) A first violation; (2) A second violation occurring at the same private property within one year of the first cited violation; and (3) A third and any further violation occurring at the same private property within one year of the first cited violation. (C) Other charges. The fines prescribed at division (B) are in addition to any other special security service charges that may be assessed pursuant to this Chapter 6.80. (D) Application of subsequent fines. The second, third or subsequent violation fines prescribed at division (B) above are payable whether or not the responsible person at the time of the current loud or unruly gathering is the same person who was the responsible person for any prior loud or unruly gathering at those premises. (E) Warning period. The fine schedule prescribed at division (B) above is a “rolling schedule” meaning that in calculating the fine payable the Police Department or City Attorney shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the premises in question during the statutory 12-month period. A warning given pursuant to § 6.80.040 shall remain in effect for the premises at a given address until a full 12-month period has elapsed during which there have been no loud or unruly gatherings at those premises. (Ord. 12-06, passed 5-15-2012)

(A) Charges for special security service shall include a reasonable charge for the emergency responder’s time and actual costs of any equipment used or damaged in connection with the response, together with an additional 33% of the special security charge for administrative overhead. These charges shall be computed and a bill submitted to the responsible person(s). The Chief of Police shall promulgate notice and billing procedures for this purpose. (B) The emergency response costs incurred under this section shall be deemed a debt owed to the city and are due 30 days after receipt of the bill. A bill will be deemed received five days after the date posted on the bill which is mailed by placing first class postage on the envelope and mailing it to the address provided by the responsible party to the law enforcement, fire or other emergency response provider or to the address where the unruly gathering took place. Any responsible person owing such debt shall be liable in a civil action brought in the name of the city for recovery of such debt, including reasonable attorney’s fees and costs and costs of collection. The bill shall contain the following information: (1) The name(s) of the person(s) being held liable for the payment of such costs; (2) The address where the loud and unruly gathering occurred; (3) The date and time of the emergency response; (4) The names of law enforcement, fire or emergency service providers who responded; (5) The date(s) and time(s) of any previous warning given pursuant to § 6.80.040 and/or previous responses to unruly gatherings at the address in the city in question within the previous one year; and (6) An itemized list of the emergency response costs for which the person(s) is being held liable. (Ord. 12-06, passed 5-15-2012)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable. (Ord. 12-06, passed 5-15-2012)