HomeMy WebLinkAbout1989-09-05; City Council; NS-84; CMC 3.36.040 add - Parties & police service 2nd response fee...a
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ORDINANCE NO. NS-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 3, CHAPTER 3.36 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.36.040 TO ESTABLISH A FEE FOR POLICE SERVICES AT PARTIES REQUIRING A SECOND RESPONSE.
The City Council of the City of Carlsbad, California
ordain as follows:
SECTION I: That Title 3, Chapter 3.36 of the Carl
Municipal Code is amended by the addition of Section 3.36.04
read as follows:
"3.36.040 Fee for Police services at parties reaui a second response. (a) It is the purpose of this section to recover City's costs for second or subsequent responses to the scene party when the police officer determines that continued acti is a threat to the peace, health, safety or general welfare of public. Return calls to a party to disperse uncoopera
participants is a drain on personnel and resources often lea
other areas of the City without adequate levels of PC
protection which creates a hazard to the public, rem
resources over and above the level of police services norn provided and constitutes a public nuisance the costs for k should be paid by the responsible person.
(b) For the purpose of this section the follc
definitions shall apply:
(1) "Party" includes a gathering or event whc group of persons have assembled or are assembling on prj property for a social occasion or social activity which
constitute a disturbance of the peace in violation fo Califc
Penal Code Section 415.
(2) "Costs of a second or subsequent respor include the salaries of the police officers for the amount of
actually spent in responding to or remaining at the party,
rate established by the City Manager plus the actual cost of
medical treatment to injured City employees and the cos'
repairing any damaged City equipment or property.
(3) "Responsible person" is the person or pel
who own the property where the party takes place or who ar
charge of the premises or who organized the party. If
responsible person is a minor, then the minor's parent:
guardians will jointly and severally be liable for the costs,
disturbance at a party, the responding officer may, among ( things, deliver to the responsible person a "Notice of Viola1
(c) During a first response to a complaint 1
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First Responset1 which shall contain a message substantiall!
follows:
"This notice of violation is given
to you as a result of a first response by the City of Carlsbad to a disturbance of the peace occurring in violation of California Penal Code Section 415. You will be
charged all City personnel and
equipment costs incurred as a result
of any second or subsequent response
by the police to this location.11
The notice may also contain such other informatio: deemed necessary by the City Manager to accomplish the purpose this section. (d) If the City is required to make a seconc
subsequent response to a party and a "Notice of Violation: F
Response'' has been delivered to the responsible person then
City shall compute the costs of such response. A bill for
costs incurred by the City for its second and subsequent respo
shall be prepared and delivered to the responsible person
shall be liable for its payment. The amount of the charge s
be deemed a debt to the City of the responsible person who s
be liable in an action brought in the name of the City
recovery of such amount, including reasonable attorney's fees
(e) The City Manager is authorized to adopt appropr procedures for billing and other matters necessary for administration of this section. (f) Any person aggrieved by any decision of the
Manager to bill for costs of a second or subsequent response appeal to the City Council by filing a notice of appeal with
City Clerk within fifteen days of the date of the billing. the filing of such request, the City Clerk shall set a time
place for the hearing and shall notify the appellant thereof.
the hearing, any person may present evidence in opposition t
in support of the appellant's case. At the conclusion of
hearing, the City Council may affirm, reverse or modify
decision and the decision of the City Council shall be final.
EFFECTIVE DATE : This ordinance shall be effec
thirty days after its adoption, and the City Clerk shall cer
to the adoption of this ordinance and cause it to be publish€
least once in the Carlsbad Journal within fifteen days after
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 22nd day of August
1989, and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 5th day of September
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and I
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY
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