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Home My WebLink AboutORD FOR INTRO 1 08-17-92(MDINANCE FOR INTRODUCTION NO. I Inter -Com Le rE: AUGUST 10, 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: W. DOUGLAS FRANKS, CHIEF OF POLICE 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 �T Y O Inter -Com a�s�� UArE: 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. op J CITY ATTORNEY JRS:kj: D:07/27/92(H241) cc: William Huston JOHP R. SHAW AS ISTANT CITY ATTORNEY 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 4, 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, Ordinance No. 1098 Page 2 and overhead and administrative costs related to all of the following. (C) "Person responsible for the event" includes the following: (1) The person who owns the property where the party, gathering, or event takes place; (2) The person in charge of the premises; (3) The person authorizing the use of the premises is for the event; and (4) The person who organized the event, each and all of whom will be jointly and severally liable for the police services fee. 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 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 a second response by the police after the first warning. -- The provisions to this part are an additional authority for regulation of large gatherings, and shall supplement and not supplant exercise of any other Ordinance No. 1098 Page 3 available law including, but not limited to, arrest or citation of violators of the State Penal Code or other local regulations. 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. LESLIE ANNE PONTIOUS, Mayor MARY E. WYNN, City Clerk