Ventura Municipal Code Art. 2 Disturbances Caused by Parties and Other Assemblages of Persons

The purpose of this article is to establish standards and controls of large parties, gatherings or assemblages (“the events”) on private property when such events are determined to be a threat to the public peace, health, safety or general welfare and require initial police response and return calls to the location of the party, gathering or assemblage in order to disperse uncooperative participants.

The repeated return of police officers to a location constitutes a drain of emergency person power and resources, often leaving other areas of the city without police protection. (Code 1971, § 6600)

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

“Event” shall refer to a party, gathering or assemblage.

“Host” shall refer to any person conducting and/or permitting an event including, but not limited to:

1. Owner(s) and/or lessee(s) of the property where an event is being given;

2. Person(s) hosting an event;

3. Person(s) receiving money or other consideration for granting access to an event;

4. Person(s) serving, furnishing, or making available alcoholic beverages at an event;

5. Parent(s) or legal guardian(s) of a minor who is also a host. (Code 1971, § 6610)

When police department personnel (“city police”) respond to a complaint involving a disturbance caused by or resulting from an event, the responding officer(s) may issue a written notice to the host of the event, if such person is available on the premises, if the responding officer(s) determine(s) that there is a threat to the public peace, health, safety, or general welfare. The notice shall state that (A) if city police return to the same premises within the following 12-hour period in response to a complaint involving a disturbance caused by or resulting from an event; or (B) if city police return to the same premises a total of three times or more within a six-month period, in response to a complaint involving a disturbance caused by or resulting from an event and involving the same host; and (C) if the responding officer(s) determine(s) that there is a threat to the public peace, health, safety, or general welfare; then each such further response after the initial response shall constitute special police services. The notice shall state that the host will be assessed for the cost of providing such special police services. The notice shall be signed by the available host, acknowledging receipt of the warning, and a signed copy of the notice shall be left with the available host. If a second or subsequent response is required, city police shall have the available host sign a “second response” voucher, acknowledging the occurrence of the second response and one additional voucher for each response thereafter. (Code 1971, § 6611)

If no host is available on the premises when the police are present, or the host refuses to sign receipt of the notice, a copy of the notice shall be posted in a conspicuous place on the premises on each occasion the police respond. (Code 1971, § 6612)

Utilization of police personnel during any response after the first warning to any event where the responding officers determine there is a threat to the public peace, health, safety or general welfare shall be deemed to be a special police service over and above the services normally provided. The cost of this special police service may include, but not be limited to, damages to city property and/or injuries to city personnel. (Code 1971, § 6613)

All fees and charges levied per city services described in Section 10.650.250 shall be due and payable upon presentation.

All fees and charges for such special police services shall constitute a valid and subsiding debt in favor of the city and against the owner of the premises, the person in charge of the premises and the person responsible for the assemblage or, if any of the foregoing persons are a minor, the parents and guardians of such person. If any amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, a civil action may be filed with the court for the amount due and payable, together with any penalties, any related charges and fees accrued due to nonpayment and all fees and charges required to file and pursue such civil action.

Fees and charges to be levied for recovering city costs for notification and collection of delinquent accounts shall be established by resolution of the city council. Such fees and charges are part of fees and charges established for the services rendered and shall be collected as such. (Code 1971, § 6614)