HomeMy WebLinkAboutOrd. No. 2006-1184
ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING AND RESTATING CHAPTER
9.42 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING LARGE PARTIES
WHEREAS, Chapter 9.42 of the Lake Elsinore Municipal Code regulates
large parties in the City of Lake Elsinore; and
WHEREAS, in order to enhance the deterrents set forth in Chapter 9.42, the
City Council has determined to amend Chapter 9.42.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 9.42 of the Lake Elsinore Municipal Code is
hereby amended and restated as follows:
CHAPTER 9.42
CHARGES FOR POLICE SERVICES AT LARGE PARTIES,
GATHERINGS OR EVENTS
9.42.005 General purposes. The City Council finds and determines that large
parties, gatherings or events on private property can constitute a threat to the peace,
health, safety or general welfare of the public. Police officers have been required
to make many return calls to large parties, gath~rings or events in order to disperse
unruly participants. Such return calls require significant police personnel and
equipment. As a result, the Police Department's ability to deter criminal activity is
reduced due to the lack of police presence throughout the City and police resources
are not available to quickly respond to other criminal activity. The Ordinance will
assist the City in maintaining adequate levels of police protection throughout the
City so as to maintain a safe community for our citizens.
,
9.42.010 Definitions. The following words, phrases and terms as used in this
chapter shall have the meaning as indicated below:
CITY COUNCIL ORDINANCE NO. 1184
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"First Response Notice" means a notice issued by a police officer pursuant to this
chapter advising a responsible person that a loud party or noise disturbance is
taking place and that the disturbance must cease.
"Host" means 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 charge incurred for police services.
"Large party, gathering or event" means a group of ten (10) or more persons who
have assembled or are assembling for a social occasion or for a social activity.
"Police Services Charge" means the charge to recover the cost to the City of any
Special Security Assignment. Such charge may be either a flat charge of (i) five
hundred dollars ($500) for the first security assignment, (ii) one thousand dollars
($1,000) for the second security assignment, (iii) one thousand five hundred dollars
($1,500) for the third and any subsequent security assignment; or, as an alternative
to the foregoing flat charge, an itemized charge 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, and the cost of any medical treatment of injured police officers.
"Special Security Assignment" means 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 First Response Notice to the host that a Police
Services Charge will 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 encounters (1) one or more persons who are causing an inordinate
amount of noise or commotion or behaving in' such a manner which constitutes a
threat to the public peace, health, safety, or general welfare, the police officer shall
issue a First Response Notice to the host or hosts. Such First Response Notice
shall also advise the host that a subsequent response to that same location or
address within a ten (10) day period shall be deemed a Special Security
Assignment rendered to provide security and order for the party, gathering or event
and that the host shall be liable for a Police Se~ices Charge.
CITY COUNCIL ORDINANCE NO. 1184
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9.42.030 Subsequent police responses to large parties, gatherings or events;
liability. If after a First Response Notice is issued pursuant to Section 9.42.020,
all subsequent police response or responses to the same location or address within
a ten (10) day period shall be deemed a Special Security Assignment. Persons
previously warned shall be jointly and severally liable for a Police Services Charge
as defined in this chapter.
The amount of such charge shall be a debt owed to the City by the person or
persons warned, and if the person is a minor, the debt shall be owed by his or her
parents or guardians. In no event shall the charge be more than one thousand five
hundred dollars ($1,500), provided, however, the City reserves its rights to seek
reimbursements for actual costs exceeding one thousand five hundred dollars
($1,500) through other legal remedies or procedures.
9.42.040 Cost, collection. The City Manager or designee shall notify the
Director of Administrative Services in writing, of the performance of the Special
Security Assignment, 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 Director of Administrative Services
shall thereafter cause appropriate billings to be made. In the event billings are not
paid when due, the Director of Administrative Services 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.
9.42.050 Administrative appeal. An administrative appeal of a Police
Services Charge may be made in the same manner as the appeal procedures set
forth for administrative citation in Chapter 1.20, Administrative Citation
Procedure.
9.42.060. Affect On Criminal Prosecution. The provisions of this chapter are
an additional authority for the regulation of loud or unruly disturbances, and shall
supplement and not replace the enforcement of any other available law or
ordinance of any type, including, but not limited to, ordering persons to
immediately disperse along with the arrest or citation of violators of State of
California law or any other regulation.
SECTION 2. SEVERABILITY. If any provision, clause, sentence or paragraph
of this Ordinance or the application thereof to any person or circumstance shall be
CITY COUNCIL ORDINANCE NO. 1184
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held invalid, such invalidity shall not affect the other provisions of this Ordinance
and are hereby declared to be severable.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30)
days after the date of its final passage. The City Clerk shall certify as to adoption
of this Ordinance and cause this Ordinance to be published and posted in the
manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 11th
day of July, 2006, by the following vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING 25th day
of July, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE '
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
obertE.~agee ayor
City of Lake EI more
CITY COUNCIL ORDINANCE NO. 1184
PAGE 5 OF 5
ATTEST:
Frederick ay, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
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