HomeMy WebLinkAbout2011-07-12; City Council; CS-152; Cost Recovery for Law Enforcement...1
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Exhibit 1
ORDINANCE NO. CS-152
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.45 OF THE
CARLSBAD MUNICIPAL CODE ADDING SECTIONS 8.45.045 TO
THE CARLSBAD MUNICIPAL CODE RELATING TO COST
RECOVERY FOR LAW ENFORCEMENT SERVICES FOR
CONSUMPTION OF ALCOHOL OR CONTROLLED
SUBSTANCES BY MINORS AT PARTIES, EVENTS OR
GATHERINGS
WHEREAS, consumption of alcoholic beverages or controlled substances by minors
presents a myriad of problems for the minor, the community, and law enforcement, including,
physical altercations, violent crimes, accidental injury and death; and
WHEREAS, minors often obtain, possess, or consume alcoholic beverages or controlled
substances at parties, gatherings or events held on private property and under the control of an
adult person who knows or should have known that such conduct was taking place and failed to
take reasonable steps to prevent it; and
WHEREAS, law enforcement responses to disturbances involving minors' consumption of
12 alcoholic beverages or controlled substances at private parties, gatherings, or events frequently
require the use of extensive resources; and
WHEREAS, Chapter 8.45 of the Carlsbad Municipal Code currently imposes criminal
liability on person(s) responsible for hosting a party, gathering or event where minors are in
attendance and are consuming alcoholic beverages or controlled substances; andi O
WHEREAS, an additional cost recovery penalty should be available to offset the actual
cost of enforcement services provided during a response by law enforcement personnel; and
17 WHEREAS, this cost recovery penalty should be imposed on the person(s) responsible for
hosting a party, gathering or event where minors are in attendance and are consuming alcoholic
beverages or controlled substances; and
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NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Chapter 8.45 of the Carlsbad Municipal Code is amended by adding a new
22 section 8.45.045 to read as follows:
Chapter 8.45
CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES
24 BY MINORS AT PARTIES, EVENTS OR GATHERINGS
25 8.45.010-Definitions.
8.45.020 - Unsupervised consumption of alcohol by minor.
8.45.030 - Hosting, permitting, or allowing a party, gathering or event where minors consume
alcoholic beverages or controlled substances prohibited.
8.45.040 - Penalties.
8.45.045 - Cost Recovery for Law Enforcement Services
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Exhibit 1
1 8.45.050 - Severability.
8.45.060 - Reservation of legal options.
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Section:
8.45.045 Cost Recovery for Law Enforcement Services
(a) When any party, gathering or event occurs on private property as described in section
8.45.030 and a police officer at the scene determines that there is a threat or detriment to the
public peace, health, safety or general welfare, the person(s) responsible for the party, gathering
or event shall be liable for the actual cost of enforcement services provided during a response by
the law enforcement personnel.
(b) The actual cost of the law enforcement services, described in section 8.45.030, shall be
deemed a debt owed to the city by the responsible person for the party, gathering or event.
(c) For the purpose of this section, the following definitions shall apply:9
(i) "Actual costs" include the salaries of the police officers for the amount of time actually
spent in responding to or remaining at the party, gathering or event, at a rate established by the
city manager plus the actual cost of any medical treatment to injured city employees and the cost
11 of repairing any damaged city equipment or property.
12 (ii) "Responsible person" is the person or persons who own the property where the party
takes place or who are in charge of the premises or who organized the party, gathering or event.
If the responsible person is a person under the age of 18, then that person's parents or guardians
will jointly and severally be liable for the actual costs.
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(d) If the police are required to make a response to a party, gathering or event, then the city shall
compute the costs of such response. A bill for the costs incurred by the city for its response shall
be prepared and delivered to the responsible person who shall be liable for its payment. The
amount of the charge shall be deemed a debt to the city of the responsible person who shall be
liable in an action brought in the name of the city for recovery of such amount, including
reasonable attorney's fees and costs.
18 (e) The city manager is authorized to adopt appropriate procedures for billing and other matters
necessary for the administration of this section.
(f) Any person aggrieved by any decision of the city manager to bill for costs of a response may
appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the
date of the billing. Failure to file an appeal shall be deemed a waiver of the appellant's right to
contest the bill for costs. Upon the filing of such request, the city clerk shall set a time and place
for the hearing and shall notify the appellant thereof. At the hearing, any person may present
evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing,
the city council may affirm, reverse or modify the decision and the decision of the city council
shall be final.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City
Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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Exhibit 1
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 28th day of June, 2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
on the 12th day of July, 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL City Attorney
MAtt HALL, Mayor
ATTEST:
M. VVQOJD, City Clerk