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HomeMy WebLinkAboutOrdinances_2121_CCv0001.pdf ORDINANCE NO. 2121 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 9. 32 TO TITLE 9 OF THE REDLANDS MUNICIPAL CODE RELATING TO THE COST OF PROVIDING POLICE SERVICES FOR A SECOND RESPONSE TO PARTIES, GATHERINGS OR EVENTS THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain: Section 1. Chapter 9. 32 is added to the Redlands Municipal Code as follows: Chapter 9 .32 Second Police Response to Parties, Gatherings or Events Sections 9 . 32 . 010 Purpose 9. 32. 020 Definitions 9 . 32 . 030 Police services at parties requiring more than one response 9. 32 . 040 Police services fee 9. 32. 050 Billing 9. 32 . 060 Appeal Section 9 . 32 .010 Purpose. The City Council finds and determines that parties, gatherings, or events on private property can constitute a threat to the peace, health, safety, or general welfare of the public. Officers have been required to make many return calls to parties, gatherings, or events in order to disperse uncooperative and unruly participants. Such return calls drain the manpower and resources of the Police Department, and can leave other areas of the City without minimal levels of police protection so as to create a significant hazard to the safety of citizens and police officers. Section 9. 32. 020 Definitions. As used in this chapter, the following terms shall ave t e following meanings: A. "Party" means a party, gathering, event or other assembly of persons for a social occasion or activity. E B- "Police services fee" means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a party at the rate established in chapter 3 . 16 of this code, including but not limited to the salaries of the Police personnel, the actual cost 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 foregoing. C. "Person responsible for the party" means any of the following; 1. The person or persons who own the property where the party takes place; 2 . The person or persons in charge of the premises where the party takes place; 3. The person or persons authorizing the use of the premises for the party; 4 . The person or persons who organized the party. Each of the above shall be jointly and severally liable for the police services fee except where the person responsible for the event is a minor, in which case the parents or guardians of that minor shall be jointly and severally liable for the police services fee. D. "Second police response" means any police response to the location of a party, gathering or event made within 12 hours after the distribution of a written warning to the person responsible for the party, gathering or event notifying said person that the party, gathering or event is in violation of the law. Section 9. 32. 030 Police Response at Parties Gatherin s or Events Requ irin Mare t an One Res onse. A. A Police services fee may be imposed when: I. A police officer at the scene of a party, gathering or event has given written notice to the person responsible for the event that the it violates the law; and, 2. A subsequent police response to the party, gathering or event is required to control the threat to public peace, health, safety and welfare and to disperse the event. B. The provisions of this chapter are in addition to the authority of the police to regulate parties, gatherings or events 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 9. 32 . 040 Police Services Fee. A. The person responsible for the party, gathering or event for which a subsequent police response is dispatched shall be liable for a police services fee to defray the reasonable costs of providing the subsequent police response. B. The amount of such fee shall be a debt to the City of the person responsible for the event receiving said Police services and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought by the City in its own name to recover such amount, including reasonable attorneys' fee. Section 9. 32 . 050 Billing. A. The Chief of Police or his designate shall notify the Finance Department in writing of the name and address of the person responsible for the party, gathering or event of the date and time of the incident, of the services performed and the police services required, and such other information as may be required. The Finance Department shall thereafter cause appropriate billings to be made. Section 9. 32 . 060 Appeal. A. Any person receiving a bill for police services provided pursuant to this chapter, may, within 15 days after said bill was sent, file a written request with the police department appealing the police services fee imposed. Any appeal regarding the billing shall be heard by a commanding officer of the Police department as designated by the Chief of Police. B. After a request for appeal is filed, the City shall withhold collection of the bill until conclusion of the appeal.. C. If, after a hearing before a commanding officer the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days. Section 2 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional . Section 3. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall within 15 days cause it or a summary of it to be published in the Redlands Daily Facts a newspaper published and circulated in the City of Re ands; and thereupon and thereafter this ordinance shall take effect and be in force according to law. r � May r,' y a Attest: �Ity C er I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a special meeting thereof held on the 15th day of August, 1990 by the following vote: AYES: Councilmembers Beswick, Cunningham, Larson; Mayor DeMirjyn NOES: Nene ABSENT: Councilmember Milson L-t ``C�ry G