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Home My WebLink AboutOrd. No. 1996-1020 ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING CHAPTER 9.42 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE REGARDING USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES The City Council of the City of Lake Elsinore, California, does ordain as follows: SECTIONS: 9.42.010 9.42.020 9.42.030 9.42.040 Definitions Initial Police Responses to Large Parties, Gatherings or Events Subsequent Police Responses to Large Parties, Gatherings or Events; Liability Cost; Collection 9.42.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: (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) Host is a 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 organizes 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. ,.... ~ Police services fee is the cost to the City of any special security assignment. Such fee may be either a flat fee of $250.00 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 City equipment and the property, the cost of any medical treatment of injured police officers. (D) 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. 9.42.020 Initial Police Responses to Large Parties. Gatherings or Events. When any police officer responds to any large party, gathering or event, and the police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within a thirty (30) day period, such response or responses shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police service fee as defined in this chapter. - 9.42.030 Subsequent Police Responses to Large Parties. Gatherings or Events: Liability. If after a written notice is issued pursuant to Section 9.42.020, a subsequent police response or responses is necessary to the same location or address within a thirty (30) day period, 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 chapter. 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 more than $1,000.00. The City reserves its rights to seek reimbursements for actual costs exceeding $1,000.00 through other legal remedies or procedures. 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. 9.42.040 Cost: Collection. The City Manager or his designee shall notify the Finance Director in writing of the performance of 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 Finance Director Treasurer shall thereafter cause appropriate billings to be made. In the event billings are not paid when due, the Finance Director shall have the authority to collect said billings through a small claims action or, based upon action of the City Council after noticed hearing; place the delinquent billing on the equalized tax roll for collection in the same manner as property taxes. 9.42.050 Administrative Appeal. An administrative appeal of a police services fee may be made to the City Manager or his designee within ten (10) days from the date of mailing of the billing and grounds for the appeal. INTRODUCED AND PASSED UPON FIRST READING this 8th day of October, 1996, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE ,..... PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of October, 1996, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE ATTEST: jl , .\ .(\ .~ U .\}2.-'.. "'_' 0C" Vic . L. Kasad, City Clerk APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on October 8, 1996, and passed on October 22, 1996, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, P APE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI - ABSTAIN: COUNCILMEMBERS: ~w VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1020 of said Council, and that the same has not been amended or repealed. DATED: November 4, 1996 10fJ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)