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HomeMy WebLinkAboutOrdinances_2868ORDINANCE NO 2868 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 9 32 OF THE REDLANDS MUNICIPAL CODE RELATING TO COSTS ASSOCIATED WITH EXTRAORDINARY LAW ENFORCEMENT SERVICES THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section I Chapter 9 32 of the Redlands Municipal Code, entitled "Liability for Extraordinary Law Enforcement Services" Is hereby deleted in its entirety and rewritten, to read as follows "Chapter 9 32 LIABILITY FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES 9 32 010 PURPOSE 9 32 020 DEFINITIONS 9.32.030. EMERGENCY RESPONSES. 9 32 040 PAYMENT OF CITY'S COSTS AND PENALTIES 9 32 050 APPEAL. 9 32 060 ADDITIONAL REMEDIES 9 32 010 PURPOSE A This chapter is adopted pursuant to California constitution article II, section 7, which authorizes the city of Redlands to make and enforce within its city limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and California Government Code section 53158 It Is the Intent of the city council, by the adoption of this chapter, to Impose on and collect from the persons in charge of, or responsible for, an event that generates extraordinary cost to the city over and above the cost of providing normal law enforcement services and police protection citywide The events for which charges are imposed are those voluntarily undertaken by the person responsible for the services, or his or her parent, guardian or the person having custody of a minor The purpose of this chapter is to recover the actual cost to the city incurred by providing these law enforcement services The city council believes it is necessary that persons who voluntarily, through their affirmative actions or omissions, incur special and extraordinary law enforcement services pay to the city the reasonable cost of providing such services B This chapter is not intended to apply, and shall not apply, to events of a political or religious nature, or any event involving speech protected by the First Amendment of the Constitution of the United States or by the constitution of the state of California C This chapter shall not apply to any person in charge of premises who is a victim of a crime that directly causes the need for special or extraordinary law enforcement services, and which 1 I IOrdmances\Nos 2800 2899 in Word12868 Extraordinary Law Enf Services Clean.doc crime results from the intentional wrongful acts or omissions of, or the failure to otherwise comply with law by, such person D Any violation of this Chapter is civil and not crmimal Any remedy under this Chapter is in addition to any other remedy provided by law, Including administrative citations and penalties 9 32 020 DEFINITIONS CHIEF The chief of police of the city or his or her designee CITY The city of Redlands EMERGENCY Any condition that results in, or is likely to result in, a law enforcement response in an authorized city emergency vehicle or aircraft EMERGENCY RESPONSE The dispatch of one or more law enforcement officers to a business or property for a disturbance or nuisance at the property requiring extraordinary law enforcement services over and above those normally provided for the protection of the public health, safety and welfare and which has occurred without advance notice to the city Emergency responses include, but are not limited to, loud and boisterous conduct, noises and activities, disturbing the peace, a congregation of two (2) or more persons in intoxicated conditions or under the influence of drugs or alcohol, fighting, use of obscene or inflammatory language, loud music constituting a nuisance or disturbing the peace, activities causing excessive pedestrian or vehicular traffic and parking problems and congestion, vehicular racing and cruising, events occurring after eleven o'clock (11 00) P M to six o'clock (G 00) A M of the following day, use and display of narcotics, illegal drugs and controlled substances and paraphernalia for its use, the congregation of two (2) or more persons using Illegal drugs, narcotics or controlled substances, or congregating in a noisy or rowdy crowd, indecent exposure and lewd conduct, but does not include domestic violence disturbances or false claims EVENT A gathering of two (2) or more persons on premises within the city at the invitation, request or consent of the person in charge or control of the premises, or any disturbance or nuisance at the premises causing an emergency response of law enforcement officers as these terms are defined in this section 9 30 020 EXTRAORDINARY LAW ENFORCEMENT SERVICES Those necessarily and reasonably incurred by the city in the protection of the public's health, safety and welfare and in the protection of property which said services are in addition to law enforcement services the city would normally provide without a special charge and which have arisen because of activities or events undertaken by, the actions or omissions of, or the failure to comply with law by, a person in charge of the premises, as defined in this chapter NUISANCE Includes both public and private nuisances as defined in the California Civil Code PA I IQrdinances\Nos 2800 2899 m Word12868 Eatraordmary Law Enf Services Clean.doc PERSON IN CHARGE The owner, manager, or occupant in charge of or in control of the premises at which an event is occurring If the person in charge is a minor, his or her parents or legal guardian is presumed to be the person in charge PREMISES A property, building and surroundings, or any open area, within the city 9.32.030 EMERGENCY RESPONSES: A Except as provided herein below, if an event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare, or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the city for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the non -nal services expended in connection with the first call B The personnel and equipment of the law enforcement agency utilized after the first warning to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided citywide and the cost of said extraordinary law enforcement services, including, but not limited to, the salaries of the law enforcement personnel, the actual cost of any medical treatment to injured officers, the cost of repairing any damage to city or law enforcement property, and overhead and administrative costs related to all of the foregoing shall be billed to and is the legal responsibility of the person in charge 9 32 040 PAYMENT OF CITY'S COSTS AND PENALTIES A All costs levied by the chief under this Chapter are due and payable within thirty (30) days following the date of the City's billing statement A penalty equaling ten percent (10%) of the levied amount will be assessed on the day following the due date to defray the City's costs of collection for delinquent payments B The chief shall notify the finance department in writing of the name and address of the person responsible for the costs of the extraordinary police services, the date and time such services were provided, the services performed and the extraordinary police services required, and such other information as may be required The finance department shall thereafter cause appropriate billings to be made C Costs under this section constitute a debt to the city jointly and severally owed by the person or persons in charge of the premises liable for extraordinary law enforcement services The parent or parents of a minor child who violates this chapter shall be responsible for costs incurred by the cluld I IbrdmanceslNos 2800 2899 in Word12868 Extraordinary Law Enf services Ckean.doc D Any person owing money to the city pursuant to this chapter shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorney fees 9 32 050 APPEAL Any individual aggrieved by the written decision of the chief may, within fifteen (15) city business days of the date of the finance department's mailing of the bill, appeal that decision in writing to the city council by written notice filed with the city clerk After a request for an appeal has been filed, the city shall withhold collection of the bill until conclusion of the appeal The city council may, in its discretion, determine that the cost for the extraordinary services, in all fairness and the administration of justice, should be affirmed, reduced or waived based upon reasonable evidence warranting the same If the costs for the extraordinary services are aff=ed or reduced, all amounts due to the city shall be paid within fifteen (15) days of such decision Unless appealed, the decision of the chief is final In the event of nonpayment, the city attorney is authorized and directed to bring all necessary legal actions to collect the costs of said services 9 32 060 ADDITIONAL REMEDIES The provisions of this chapter are in addition to the authority of the police to regulate events, gatherings, emergencies and nuisances and shall supplement and not supplant the exercise of any other available law including, but not limited to, arrest or citation pursuant to the California Penal Code or local law " Section 2 The City Council hereby determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that such action will have a significant effect on the environment Section 3 The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law ATTEST Qe.,E-, LW� e Donaldson, City Clerk 4 / � ��i�./►moi Paul W Foster, Mayor 1 1OrdmancesWos 2800-2899 m Word12868 Extraordinary Law Enf Services Clean.doc 1, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the I" day of May 2018, by the following vote AYES Councilmembers Harrison, Tejeda, Momberger, Mayor Foster NOES None ABSENT Mayor Pro Tempore Barich ABSTAIN None J e Donaldson, City Clerk I-IOrdmances\Nos 2800 2899 m Word12868 Extraordinary Law Enf Services Clean.doc