HomeMy WebLinkAboutORD FOR ADOP 10-05-92AGENDA/,6-. 9z
OP"'NANCE FOR ADOPTION NO. 1
1 •92
INN
DATE: OCTOBER 51 1992 Inter -Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1098 - SECOND RESPONSE TO DISTURBANCE
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1098
(roll call vote).
BACKGROUND:
The following Ordinance No. 1098 had first reading and introduction
at the September 21, 1992 City Council meeting:
ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ENACTING REGULATIONS WITH RESPECT TO POLICE
RESPONSE SERVICE AT LARGE GATHERINGS
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ENACTING REGULATIONS WITH RESPECT
TO POLICE RESPONSE SERVICE AT LARGE
GATHERINGS.
The City Council of the City of Tustin hereby ordains as
follows:
Section 1. Code Amendment
Part 41 entitled "Police Response Service at Large
Gatherings", is hereby added to Chapter 3 "Disorderly Conduct" of
Title 6 "Public Welfare" of the Municipal Code to read as follows:
"Part 4. Police Response Service at Large Gatherings
Section 6340 Purpose
The City of Tustin finds and determines that: the
control of large parties, gatherings, or events on
private property is necessary when such continued
activities is determined to be a threat to the public
peace, health, safety or general welfare of the public.
Police officers have been required to make as many as
three return calls to a location of a party gathering
event within a short period of time in order to disburse
uncooperative participants and the return of police
officers to a location constitutes a drain of manpower
and resources, often leaving other areas of the City
without minimal levels of police protection; all of which
creates a significant hazard to the safety of the police
officers and to the public in general.
Section 6341 Definitions
For the purpose of this part, the following
definitions shall apply:
(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) "Police services fee" shall include all costs
of personnel and equipment for the amount of time
actually spent in responding to, or in the remaining at
the party, gathering, or event, at a rate established by
resolution of the City Council, including, but not
limited to, the salaries of police personnel, the actual
costs 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 following.
] GR: jab: R3:091792(A219. jab)
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Ordinance No. 1098
Page 2
(C) "Person responsible for the event" includes the
following:
(1) Each tenant, renter and lessee of the
premises;
(2) Each owner and part-owner, who also is an
occupant of the premises;
(3 ) Each person in charge of the premises; and
(4) Each person who organized the event.
"Premises" means the housing unit or, in the case of
multi -family housing, the individual apartment unit, at
which the event is conducted.
If the person responsible for the event is a minor,
then the parents or guardians of that minor shall be
jointly and severally liable for the costs incurred for
police services.
(D) "Special security assignment" means the
assignment of police officers and services during a
second call and all subsequent calls to a location after
the distribution of a written warning that the party,
gathering or event violates the law.
Section 6342 Police Services at Large Parties,
Gatherings or Events Requiring a
Second Response
When a large party, gathering, or event occurs on
private property, and a police officer at the scene
determines that there is a threat to the public peace,
health, safety or general welfare, that officer shall
order a special security assignment to control the threat
to the public peace, health, safety or general welfare,
and disburse the gathering. The person(s) responsible
for the event shall be liable for the police services fee
for the special security assignment during the second
and all subsequent responses by the police.
The provisions to this part are an additional
authority for regulation of large gatherings, and shall
supplement and not supplant exercise of any other
available law including, but not limited to, arrest or
citation of violators of the State Penal Code or other
local regulations.
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Ordinance No. 1098
Page 3
Section 6343 Police Services Fee
A police services fee shall be based upon actual
cost of services rendered in accordance with the schedule
of fees set by City Council Resolution.
The amount of such fees charged shall be deemed a
debt to the City from the person or persons responsible
for the event receiving said services. If minors are
involved as persons responsible for the event, then their
parents or guardians shall be responsible for said debt.
Any person owning money shall be liable in an action
brought by the City in its own name for recovery of such
amount including reasonable attorney's fees.
Section 6344 Billing
The Chief of Police shall notify the Chief of
Collections of the City in writing following such
performance of police services, of the name and address
of the responsible person (s) , the date and time of the
incident, the services performed, the cost thereof, and
such other information as may be required. The Chief of
Collections of the City shall, thereafter, cause
appropriate billings to be made to the responsible
parties.
Section 6345 Adoption of Administrative
Regulations
The Chief of Police is further authorized to adopt
departmental administrative procedures for implementation
of these cost recovery provisions.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1992.
MARY E. WYNN, City Clerk
LESLIE ANNE PONTIOUS, Mayor