Tustin Municipal Code Part 4 Police Response Service at Large Gatherings

The City of Tustin finds and determines that: the control of large parties, gatherings, or events on private property is necessary when such continued activities is determined to be a threat to the public peace, health, safety or general welfare of the public. Police officers have been required to make as many as three return calls to a location of a party gathering event within a short period of time in order to disburse 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. (Ord. No. 1098, Sec. 1, 10-5-92)

For the purpose of this part, 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 fee" shall include all costs of personnel and equipment for the amount of time actually spent in responding to, or in the remaining at the party, gathering, or event, at a rate established by resolution of the City Council, including, but not limited to, the salaries of police personnel, the actual costs of any medical treatment to injured officers, the cost of repairing any damaged City equipment or property, and overhead and administrative costs related to all of the following.

(c) "Person responsible for the event" includes the following:

(1) Each tenant, renter and lessee of the premises;

(2) Each owner and part-owner, who also is an occupant of the premises;

(3) Each person in charge of the premises; and

(4) Each person who organized the event.

"Premises" means the housing unit or, in the case of multifamily housing, the individual apartment unit, at which the event is conducted.

If the person responsible for the event is a minor, then the parents or guardians of that minor shall 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 and all subsequent calls to a location after the distribution of a written warning that the party, gathering or event violates the law. (Ord. No. 1098, Sec. 1, 10-5-92)

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, that officer shall order a special security assignment to control the threat to the public peace, health, safety or general welfare, and disburse the gathering. The person(s) responsible for the event shall be liable for the police services fee for the special security assignment during the second and all subsequent responses by the police.

The provisions to this part are an additional authority for regulation of large gatherings, and shall supplement and not supplant exercise of any other available law including, but not limited to, arrest or citation of violators of the State Penal Code or other local regulations. (Ord. No. 1098, Sec. 1, 10-5-92)

A police services fee shall be based upon actual cost of services rendered in accordance with the schedule of fees set by City Council resolution.

The amount of such fees charged shall be deemed a debt to the City from the person or persons responsible for the event receiving said services. If minors are involved as persons responsible for the event, then their parents or guardians shall be responsible for said debt. Any person owing money shall be liable in an action brought by the City in its own name for recovery of such amount including reasonable attorney's fees. (Ord. No. 1098, Sec. 1, 10-5-92)

The Chief of Police shall notify the Chief of Collections of the City in writing following such performance of police services, of the name and address of the responsible person(s), the date and time of the incident, the services performed, the cost thereof, and such other information as may be required. The Chief of Collections of the City shall, thereafter, cause appropriate billings to be made to the responsible parties.

The Chief of Police is further authorized to adopt departmental administrative procedures for implementation of these cost recovery provisions. (Ord. No. 1098, Sec. 1, 10-5-92)