HomeMy WebLinkAboutORD 1098 (1992) 1 ORDINANCE NO. 1098
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ENACTING REGULATIONS WITH RESPECT
3 TO POLICE RESPONSE SERVICE AT LARGE
GATHERINGS.
4
The City Council of the City of Tustin hereby ordains as
5 follows:
6 Section 1. Code Amendment
7 Part 4, entitled "Police Response Service at Large
Gatherings", is hereby added to Chapter 3 "Disorderly Conduct" of
8 Title 6 "Public Welfare" of the Municipal Code to read as follows:
9 "Part 4. Police Response Service at Larqe Gatherinqs
10 Section 6340 Purpose
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 hazard to the safety of the police
officers and tothe public in general.
18
Section 6341 Definitions
19
For the purpose of this part, the following
20 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 fee" 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 not
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
the following.
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1 Ordinance No. 1098
Page 2
5 (C) "Person responsible for the event" includes the
following:
4
(1) Each tenant, renter and lessee of the
5 premises;
6 (2) Each owner and part-owner, who also is an
occupant of the premises;
7
(3) Each person in charge of the premises; and
8
(4) Each person who organized the event.
9
"Premises" means the housing unit or, in the case of
10 multi-family housing, the individual apartment uni~, at
which the event is conducted.
11
If the person responsible for the event is a minor,
12 then the parents or guardians of that minor shall be
jointly and severally liable for the costs incurred for
15 police services.
14 (D) "Special security assignment" means the
assignment of police officers and services during a.
15 second call and all subsequent calls to a location after
the distribution.of a written warning that the party,
16 gathering or event violates the law.
17 Section 6342 Police Services at Large Parties,
Gatherinqs or Events Requiring a
18 Second Response
19 When a large party, gathering, or event occurs on
private property, and a police officer at the scene
20 determines that there is a threat to the public peace,
health, safety or general welfare, that officer shall
21 order a special security assignment to control the threat
to the public peace, health, safety or general welfare,
22 and disburse the gathering. The person(s) responsible
for the event shall be liable for the police services fee
25 for the special security assignment during the second
and all subsequent responses by the police.
The provisions to this part are an additional
25 authority for regulation of large gatherings, and shall
supplement and not supplant exercise of any other
26 available law including, but not limited to, arrest or
citation of violators of the State Penal Code or other
27 local regulations.
1 Ordinance No. 1098
Page 3
5 Section 6343 Police Services Fee
4 A police services fee shall be based upon actual
cost of services rendered in accordance with the schedule
5 of fees set by City Council Resolution.
6 The amount of such fees charged shall be deemed a
debt to the City from the person or persons responsible
7 for the event receiving said services. If minors are
involved as persons responsible for the event, then their
8 parents or guardians shall be responsible for said debt.
Any person owning money shall be liable inan action
9 brought by the City in its own name for recovery of such
amount including reasonable attorney's fees.
10
Section 6344 Billinq
11
. The Chief of Police shall notify the Chief of
12 Collections of the City in writing following such
performance of police services, of the name and address
15 of the responsible person(s), the date and time of the
incident, the services performed, the cost thereof, and
14 such other information as may be required. The Chief of
Collections of the City shall, thereafter, 'cause
15 appropriate billings to be made to the responsible
parties.
Section 6345 Adoption of Administrative
17 Regulations
18 The Chief of Police is further authorized to adopt
departmental administrative procedures for implementation
19 of these cost recovery provisions.
20 PASSED AND ADOPTED, at a regular meeting~~ Council
for the City of Tustin on this 5th day of October, 1992. , 1992.
25 RE P~NTIOUS, Mayor
24 '
E. WYNN, City Clerk
City of Tustin
ORDINANCE CERTIFICATION
STATE Or CALI Om I )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1098
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council'of the City of Tustin is
five; that the above and foregoing Ordinance No. 1098 was duly and
regularly read and introduced at a regular meeting of the City Council
held on the 21st day of September, 1992, and was given its second
reading and duly passed and adopted at a regular meeting held on the
5th day of October, 1992, by the following vote: -
COUNCILMEMBER AYES: Pontious, Potts, Puckett, Saltarelli, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCII/4EMBER ABSENT: None
Mar. y E. Wynn, City Clerk