Villa Park Municipal Code Art. 6-9 Loud Parties

The following words, phrases, and terms as used in this section shall have the meaning as indicated below:

"Host" is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services.

"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.

"Police Officers" are any law enforcement officers providing police services to the City of Villa Park pursuant to contract, including, but not limited to, any representatives of the Orange County Sheriff's Department.

"Police Services Fee" is the cost to the City of any special security assignment. Such fee may be either a flat fee of one thousand dollars ($1,000.00) or an itemized fee based on, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro-rata cost of equipment, the cost of repairing public equipment and property and the cost of any medical treatment of injured police officers.

"Special Security Assignment" is the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent police response.

(Ord. #96-137, § 1; Ord. #2016-598, § 1)

a. When any police officer responds to any large party, gathering or event and that police officer determines that there is a threat to the public health, safety or general welfare, the police officer shall issue a written notice to the host or hosts and to the owner of the property if he is present that:

1. The disturbance violates this section;

2. Unless they voluntarily stop, the police officer shall be required to take appropriate action to stop it, including arrest or citation of those violating the law; and

3. If the police officer is required to spend additional man hours and/or use equipment after the first response to stop the disturbance, the owner and the occupant of the property may be charged the cost of such additional police officer man hours and equipment of one thousand dollars ($1,000.00) or more.

b. Said notice shall be given to the host or hosts and to the owner of the property, if he is present, in written form substantially as follows:

"NOTICE FIRST RESPONSE-DISTURBANCE IN RESIDENTIAL AREA

This NOTICE OF VIOLATION given to

(Name) _______ (DOB) _______ at (Location) _______ on (Date) _______ at (Time) _______ is the result of a disturbance in a residential area in violation of Villa Park Municipal Code Article 6-9 et seq./California Penal Code Section 407/California Penal Code Section 415 (delete inapplicable provision[s]).

If it is necessary for the Orange County Sheriff to respond a second or subsequent time to stop a disturbance at this location within thirty (30) days of the first violation the owner of the property and the occupant of the property may be charged for all personnel and equipment costs incurred in such second and subsequent responses, of one thousand dollars ($1,000.00) or more, and all violators of statutes or ordinances will be subject to arrest and/or citation.

_______________________________________ (Signature of party to whom notice given)

_______________________________________ (Signature of Deputy)."

(Ord. #96-437, § 1; Ord. #2016-598, § 2)

Gatherings or Events: Liability. If after a written notice is issued pursuant to Section 6-9.2, a subsequent police response or responses is necessary to the same location or address within thirty (30) days, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this section.

The amount of such fee shall be a debt owed to the City by the person or persons warned, and if he or she is a minor, the debt shall be owed by his or her parents or guardians. In no event shall the fee be less than one thousand dollars ($1,000.00).

The City reserves its rights to seek reimbursement for actual costs exceeding one thousand dollars ($1,000.00). In the event the City is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorney's fees, incurred as a result thereof.

The subsequent response may also result in the arrest and/or citation of violators of the State Penal Code or other regulations, ordinances or laws.

(Ord. #96-437, § 1; Ord. #2016-598, § 3)

The police officer shall notify the City Manager in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs thereof and such other information as may be required. The City Manager shall thereafter cause appropriate billings to be made.

(Ord. #96-437, § 1)

The billing invoice shall notify the host that a hearing to present any evidence or argument challenging tee invoiced amount or liability for any amount shall be available if such written request is received by the City Manager within ten (10) calendar days of the date the invoice is mailed.

If a written request for such hearing is received by the office of the City Manager within ten (10) calendar days of the date the invoice is mailed, the City Manager or his/her designee (who shall not have been involved in the underlying incident) shall conduct a hearing within twenty (20) calendar days after receipt of the written request, at a date set by the City Manager. Written notice of the hearing shall be mailed to the requestor at least ten (10) calendar days in advance of the hearing. The decision of the City Manager or his/her designee shall be final.

(Ord. #96-437, § 1)