HomeMy WebLinkAboutORD FOR INTRO 09-08-92DATE: AUGUST 10, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: W. DOUGLAS FRANKS, CHIEF OF POLICE
-8-92
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Inter - COM
SUBJECT: SECOND RESPONSE TO DISTURBANCE ORDINANCE
RECOMMENDATION
The City Council have first reading by title only and introduction of Ordinance No.
1098.
BACKGROUND
Last year the Police Department responded to over 1,600 disturbance/party type calls.
Many of those responses were second and third responses to the same location. The
average time spent on each of the calls was approximately 25 minutes, which
represents more than 1,300 man-hours that were expended during the course of the
year.
Because these types of calls require that a minimum of two units be dispatched to
each disturbance, at $35 per hour, they cost the City approximately $35,000 to
$40,000 annually. This estimate is extremely conservative, in that over half of the
calls handled last year required three to four units to handle the situations
appropriately.
In order to eliminate some of our second responses to the same location, while at the
same time recuperating some of our costs, we recommend the attached proposed
ordinance be adopted. This will allow the Police Department to bill responsible parties
for actual time spent on return calls. Many police departments have found this
procedure not only has cut down their number of multiple responses to these types
of calls but has also generated additional revenue for the City.
This proposal was forwarded to the City Attorney for review. His comments and the
proposed ordinance are attached.
W. DOUGLAS FRANKS
Chief of Police
WDF:kh
Inter -Com
)ATE: JULY 27, 1992
TO: CAPTAIN STEVE FOSTER
FROM: CITY ATTORNEY
SUBJECT: POLICE RESPONSE ORDINANCE
Please find attached a draft ordinance to implement the police
second response concept embodied in the suggested policy prepared
by the Department for our office's review.
Note that the actual fee would be set by formula under a
Council resolution. (See Section 6343)
Section 6345 authorizes the Chief to adopt administrative
regulations.
It is noted that there are no appellate decisions yet which
have upheld the concept of imposing a fee for recovery of police.
costs for this type of activity. We are aware of the fact that
some cities have already adopted such an approach. Specific state
legislation authorizes counties to enact such an ordinance, but we
are unaware of any state legislation authorizing cities to engage
in such regulation. Thus, the matter of the legality of this
approach remains unclear. The general bodv of case law provides
that there must be a grant of specific state authorization to allow
cost recovery for police services. (See County of San Louis Obispo
v. Abalone Alliance (1986) 178 Cal. App. 3d 848.)
Please advise if you have any questions.
JAWS CO.` IrOORKT!
CITY ATTORNEY
JRS:kj: D:07/27/92(H241)
cc: William Huston
JOHP R. SHAW
AS ISTANT CITY ATTORNEY
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ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ENACTING REGULATIONS WITH RZSPBCT
TO POLICE RESPONSE SERVICE AT LARGE
GATHERIWas
The City council of the City of Tustin hereby
follows: .,�"
sectio". Code Amendment
ordains asi
Part 40 entitled "Police ResponsQ 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 Responseservice at Larae 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 locution 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.
,lection 6341 befinitions
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.
(8) "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, ersonnel gotheut not
a►ctual
limited to the salaries of police personnel,
costs of any medical treatment to injured officara, the
cost of repairing any damaged City equipment or property,
and overhead and administrative costs related to all of
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Ordinance No. 1098
Page 2
the following.
(c) "Person responsible for the event" includes the
following:
(�) Each tenant, renter and lessee of the
premises;
(2) Each owner and part-owner, who also is an
occupant of the promises;
(3 )
Each
person
in charge of the promises; and
(4)
Each
person
who organized the event.
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) Ifspecial security assignment" moan* the
assignment of police officers and services aon o
if after
call and all subsequent calls t
the distribution of a written warning that the party,
gathering or event violates the law.
Section 6342 P -.5. at Large Parties,
Gatherings or Events Reffuiring a
.n. Resnonse
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 h t public peace,
health, safety or general welfare,
hall
order a special security assignment to control the threat
to the public peace, health, safety or general welfare,
and disburse the gatherinq . 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 subssquont responaes by the polices.
The provisions to this part are an additional
authority for regulation or large i o s,and shall
any other
supplement and not supplant exercise
available law including, tut not iinited to, Penal Codeorst or
other
citation of violators of he State
local regulations.
Section 6343 policg §gXvices Fee
A police services fee shall be based upon actual
cost of services rendered in accordance with the schedule
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Ordinance No. 1098
Page 3
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 evert, then their
parents or guardians shall be responsibl6'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 attornay's fees.
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 Adogtion of Administrative
Regulations
The Chief of Police is further authorized to adopt
departmental administrative procedures for implementation
of thaaa coat racovery proviciona.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1992.
XARY E. WYNN, City Clerk
LESLIE ANNE PONTIOUS, Mayor l