HomeMy WebLinkAboutORD FOR INTRO 09-21-92ORDINANCE FOR INTRODUCTION
9-21-92
DATE:Inter-Com-
TO:
n t e r- C o m
H EPTFJt$ ER 17, 1092 � _..
TO: ROKORABLE MAYOR AND CXVT C0UNCILXXXB=8
FROM: CITY ATTORN$Y
SUBJECT: SECOM 8ESPOWBE ORDIRXC!E
Enclosed is a revised form of the proposed "second response"
ordinance. This form of ordinance has been revised several times
to accommodate concerns of the Apartment Association of Orange
County. Pursuant to the letter dated Septembar 16, 1992 attached
hereto, it is now in form satisfactory to the Apartment
Association,
Recommendation: First reading of Ordinance 1098.
JAMSG. asoalzo-
o E, City Attorney
J0";D:09179VC-249,j&b)
Enclosure
cc: Chief W. Douglas Franks (w/encl.)
Christine Shingleton (w/ental. )
William Huston (w/encl.)
U1U OL UL. 1Jim !'!\Vivi itVVulal, u IIVVLUVaa av aVvaaavena aa.ia.0 .vagi �a i
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12000 Garden Grove Boulevard. Suite 124. Garden Grwe, Wdorn+a:92643-2419
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(r t 4) 635.5350 FAX (7.14) 6383784 ;
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�Scptember 16,.1992 '
iii • ' �� .; �'� � �
'; IL Shaw, Assistst City Attamey
City a Tustin
_ h1= MI Amo Avenue
' • ' iIMS&O 92680
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RE: all of �>mn P�nMsrd Sad RaMSA ad"Ince'
I' Join: _
On beW of tt>e A artnsent AsoodV •+M �M O=p Cour M
;_�: ' • p � ( � I would life t0 tb�n]c
! � f to '
,Y� 'Y much for year efforts resol�vo our contras witiux the prcosed S�CCond
Wbiie the &=sw that !,lave beta mdo to dm, as weU as yaw tater v AA
OC. have
boon belpfUL dM t=dm one pc t of coo= to our aaaocit on. To be
we are hopeful that we maght add further Clarity m the daM itim of premise .
Contai-rCd in Secdon 6341, SvbwatI t C of the ate. Our ass dation gangly '
+tumdo that lode demi ' be char w
tion gets to rsaci As Woms.,
• �.' `'.;�� "P'rrniiseg" means the housiAg nnit or) in the rage of Multl-fatally bousing�
k V
:.I lthe individutsl apartment unit, at wbich the event ie rouducte& ,
WhHa this than is sabtis, it is awe the 18 ' . '
ge n impartant to ouc mem} . Without thin
*.; • : , =iMiiidmant we would fr:d it diffici t to support this bates in !a clement foam,
Howem with • this inclusion of this langaap, I can asm= yam that AAOC will lend is
~.. ';n �'suppoort to this ar&vtnae and we would be marc thea happy to state that position adtt= iu
%iidng at before the city eounCiL
,
tttanlc you far &U of your help with this issue. Your assistance 'n
t wC •
' � �•�� with • tba V� the C� 1!. a c�cc and e P .
tY uoruc� the alrcc t u very >mgch
�i�ocd b out also afnaadvo to a
;;; PP y ciattoa. 'V�e lour forward LO year spoor *i
�' i�1�jregtust so that we may lend our suppm to this worthwhile proposal,
'�1:tiy: '•;�:t�ll�yj
it • +:: i;� � �` . r•r---+•
.' . Richard 7 Lancet
Direbtor of public Affairs
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1 ORDINANCE NO. 1098
2 AN ORDINANCE OF THE CITY COUN01L OF WHIG CITY
3 OF TUSTIN, ENACTINd REGMATIONS WITS RESPECT
TO POLICE RESPONSH SERVICE AT LARGE
4 GATHERINGS.
The City Council of the City of Tustin hereby ordains as
6 follows:
f Section 1. Code Amendment
7 Part 41 entitled "Police Response service at Large
Gatherings", is hereby added to chapter 3 "Disorderly conduce•' of
8 Title 6 "Public Welfare" of the Municipal Code to read as follows.-
9
ollows:9 "part 4. Police Reaponso service at Large, Gatherings
10 Section 6340 PurRosg
11 The City of Tustin finds and determines that: the
control of large parties, gatherings, or events on
12 private property is necessary when such continued
activities is determined to be a threat to the public
13 peace, health, safety or general welfare of the public.
Police officers have been required to make as many as
14 three return calls to a.location of a party gathering
event within a short period of time in order to disburse
15 uncooperative participants and the return of police
officers to a location constitutes a drain of manpower
16 and resources, often leaving other areas of the City
without minimal levels of police protection; all of which
17 creates a significant hamard to the safety of the police
18 officers and to the public in general.
section 6341 Definitions
19
For the purpose of this part, the following
30 definitions shall apply:
21 (A) "Large party, gathering, or event" is a group
of persons who have assembled or are assembling for a
22 social occasion, or for a social activity.
23 (B) "Police services feel' shall include all costs
of personnel and equipment for the amount of time
24 actually spent in responding to, or in the remaining at
the party, gathering, or event, at a rate established by
25 resolution of the City Council, including, but nnt:
limited to, the salaries of police personnel, the actual
26 costs of any medical treatment to injured officers, the
cost of repairing any damaged City equipment or property,
27 and overhead and administrative costs related to all of
28 the following.
J0R:jA;R3;091792(A219. &b)
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L L\ V LU L\ V V a\ L\ V u it V V L
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 in an
occupant of the premises;
(3 ) Each person in charge of the pvernir'ses; 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 tho party,
gathering or event violates the law.
Section 6342 polio Serviccee at Larcxe Parties
Gatherings or_ vents,Reauiring 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 persons) responsible
for the event shall be liable for the police services tee
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 ether
local regulations.
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Ordinance No. 1098
Page 3
Section 6343 police Services Fee
A police services fee shall be basad 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 perAons 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.
action 6344 B11 Una
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(a), 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
partes.
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