HomeMy WebLinkAbout1989-08-22; City Council; 10220; Second Call Ordinance.
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Cl°F'"OF CARLSBAD -AGEN~.BILL
AB# !0 I 9. 0-.0 TITLE:
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DEPT. POL
SECOND CALL ORDINANCE DEPT.HD.~
CITYAnNb
CITYMGA-~
RECOMMENDED ACTION:
Introduce Ordinance No. Y\~ -8-'-( 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.
ITEM EXPLANATION:
Periodically large unruly parties create an enforcement problem for the city's
police department. Parties often require the officers to respond a second or
third time. Return calls to a party to disperse uncooperative participants is a
drain on personnel and resources, often leaving other areas of the city without
adequate levels of police protection, which creates a hazard to the public and
requires resources over and above the level of police services normally
provided and constitutes a public nuisance. This cost should be paid by the
responsible party.
This ordinance allows the City Manager to adopt fees and appropriate
procedures for billing and other matters necessary for the administration of
this section.
FISCAL IMPACT:
Minimal funds Will be required for printing first response and second response
notices. These funds may be more than offset by the collection of second
response fees.
EXHIBITS:
1. Ordinance No. () ~-. £-L(
2. Memorandum from the City Attorney to the Police Chief dated July 25,
1989.
3.
4.
Sample copies of First Response and Second Response notices.
Sample copy of Police Service Reimbursement form.
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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. 3 6 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 does
ordain as follows:
SECTION I: That Title 3, Chapter 3.36 of the Carlsbad
Municipal Code is amended by the addition of Section 3.36.040 to
read as follows:
11 3.36.040 Fee for police services at parties requiring
a second response.
(a) It is the purpose of this section to recover the
city's costs for second or subsequent responses to the scene of a
party when the police officer determines that continued activity
is a threat to the peace, health, safety or general welfare of the
public. Return calls to a party to disperse uncooperative
participants is a drain on per,onnel and resources often leaving
other areas of the City wi~hout adequate levels of police
protection which creates a hazard to the public, requires
resources over and above the level of police services normally
provided and constitutes a public: nuisance the costs for which
should be paid by the reGponsible person.
{b) For the purpose of this section the following
definitions shall apply:
(1) "Party" includes a gathering or event where a
group of persons have assembled or are assembling on private
property for a social occasion or social activity which may
constitute a disturbance of the peace in violation fo California
Penal Code Section 415.
(2) "Costs of a second or subsequent responses"
include the salaries of the police officers for the amount of time
actually spent in responding to or remaining at thE1 party, at a
rate established by the City Manager plus the actual cost of any
medical treatment to injured City employees and the cost of
repairing any damaged City equipment or property.
(3) "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. If the
responsible person is a minor, then the minor's parents or
guardians will jointly and severally be liable for the costs.
( c) During a first response to a complaint of a
disturbance at a party, the responding officer may, among other
things, deliver to the responsible person a "Notice of Violation:
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First R2sponse" which shall contain a message substantially as
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."
The notice may also contain such other information as
deemed necessary by the City Manager tc accomplish the purposes of
this section.
(d) If the city is required to make a second or
subsequent response to a party and a "Notice of Violation: First
Response" has been delivered to the responsible person then the
City shall compute the costs of such response. A bill for the
costs incurred by the City for its second and subsequent responses
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.
(e) The city Manager is authorized to adopt ap~~cpriate
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 second or subsequent response may
appeal to the City c~uncil by filing a notice of appeal with the
City Clerk within fifteen days of the date of the billing. 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."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the
1989, and thereafter
22nd day of August
PASSED AND ADOPTED at a regular meeting of the City
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 Larson
NOES: None
ABSENT: None
10 APPROVED AS TO FORM AND LEGALITY
:: /uo:a~.C~i'-1;~---
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ATTEST:
ALETHA L. RAUTEN.KRANZ,City<)lerk
July 25, 1989
TO:
FROM:
Police Chief
City Attorney
SECOND CALL ORDINANCE
As requested, attached is our draft of a second call ordinance.
We have drawn examples from Fullerton, an ordinance already adopted
in National city, and one under consideration in Del Mar, Encinitas
and Coronado. If you want to move forward, your department should
prepare an agenda bill to present to the City Council.
Also attached are some materials from our file obtained from the
city of Fullerton which should help explain the ordinance and, if
approved, administer and implement it. The contact person is Sgt.
Gary Miller, (714) 738-6800. The attachments are as follows:
Notice -First Response, Second Response Notice (I especially like
the stick-on insert which can be stuck on the door in case the
people don't want to "accept it"), a billing form, a staff report
on implementation dated April 24, 1987, a departmental ordinance
implementation procedure. These documents will have to be adapted
to Carlsbad and we have used a little different terminology then
Fullerton. But, if the Council want to move ahead we will have to
institutionalize the notices and billing procedures.
Please let us know if you need anything further.
rmh
attachment
,,
VINCENT F. BIONDO, JR.
city Attorney
"'
Your cooperation in pre~erving the peace is
greatly appreciated, and will make the City of
Fullerton a safe desirable community for its
citizens.
1-'
CITY OF FULLERTON
POLICE DEPARTMENT
''LOUD PARTY''
PUBLIC SAFETY
SERVICE
FEE
(FIRST RESPONSE)
......
CITY OF FULLERTON
POLICE DEPARTMENT
Public Safety Service Fee
For
"Loud Party" Call
Police Officers receive numerous calls involv-
ing loucl ~isturbing parties. They are fre-
quentl ~-quired to responci a second or third
time .. oisperse unruly, disruptive partici-
pants. Repeated calls to the same distur-
bance leaves officers unavailable .to perform
more important duties that liave greater com-
munity priority. These calls are a serious drain
on manpr-·"er and leave other areas of the
City expo::.1::d, with no available officer, or
assistance, should the need arise. Therefore,
to discourage and minimize the frequency of
return disturbance calls to parties, a "service
fee" will be charged to the responsible
participant(s).
LOUD PARTY
FIRST RESPONSE
CITY OF FULLERTON
POLICE DEPARTMENT
This NOTICE OF VIOLATION given to
(Name) ____________ _
(DOB) -------, at (Location)
on (Date) ----, (Time} ___ _
(Phone) -·--------, is the
result of a loud party and in violation of Califor-
nia Penal Code Section 415 (Disturbance of
the Peace). A second police call to this distur-
bance location will result in a service fee
charge to you for all City personnel and equip-
ment costs expended during this second, and
any subsequent, returns to this location. This
will also result in the dispersal of t:,e pmty with
the violator(s) subject to arrest and/or citation.
Responsible Party Signature
Officer Signature
VIOLATOR COPY
CITY OF ~ULLERTON
POLICE DEPARTMENT
"LOUD PARTY"
PUBLIC SAFETY SERVICE
FEE
DISTURBANCE VIOLATION
•NOTICE·
DISTURBANCE VIOLATION
CITY OF FULLERTON
POLICE DEPARTMENT
This NOTICE OF VIOLATION DOES NOT
constitute an arrest. It has been issued to you
as a result of a disturbance in violation of
California Penal Code Section 415 (Loud and
Unreasonable Noise). You were previously
admonished that any additional Police
response to your location would result in a
service fee charge for all personnel and
equipment costs, or other damage and
expenses, during the second and subsequent
returns to this location. You will be billed by the
City of Fullerton for all costs described above.
Date Time
RETURN CALL
Date Time
RESPONSIBLE PARTY
First Middle Last
D.O.B. Phone
Residence Address City Zip
Location of Violation(s)
Signature of Responsible Party
Signature of Officer
Supervisor at Scene
Comments: _________ _
VIOLATOR COPY
POLICE S,=-nViCE R1:.iMBUR~~MENT FORM
DATE CASE NUMBER -----------
QOVl!ftNMll!NT coo• •■CTION ■a1ao .. IIOYIDll!S FOIi CITll:S TO ftll!COYll!II co•T• ASSOCIATll!O WITti
EMP.IIGll!NCY lll!S .. ONS ■S TO ANY ACCIDll!NT WHICH •• CAUSltD av " DIHVl!II UND ■II TH ■ INFLUll!NCII OF
ALCOHOL 011 DIIUQS OIi TH• COM ■INATION OF aoTH. THI! FULLll:IITON MUNICll'AL coo ■ •■CTION 2-~4'-0ZCl
l'IIC: VIDIIS FOIi THI! CITY TO lllll!COY ■II co•T• ASSOCIAT ■D WITH ADDITIONAL POLICE llltSPONS ■S TO "
COMPLAIN7 OF A DISTUll ■ANCI!.
TH1a FOIIM IS Dl!SIGN ■D POii A ll ■COIID OP SUCH lll!SIIONSll!S AND 18 TO INCLUDII! llll!IITINll!NT
INFORMATION A ■OUT THI! ltl!IISON ✓S Allllll!STll!D 011 OTH ■IIWIS ■ llll!SIIONSINLII! FOIi THI! N ■■D 011' IIOLICI!
lll!SIIONS ■. THla IJL'OIIM SHALL ALSO lll ■C:011D TH ■ INDIVIDUALS llll!SIIONDING0 TIM ■ OF AIIIIIVAL. TIM ■ OF
Dll!l'AftTUIII!, AND TOTAL TIM ■ ■Xlt ■NDl!D DUIIIN• THI! ll ■altONSII!.
NAME OF RESPONSTBLE PARTY: _____________ _
ADDRESS OF ABOVE PARTY:
CITY: STATE:
.CHARGES:
CDL#:
TELEPHONE:
DISPATCHER(S) _________________ _
PERSONNEL INVOLVED AT SCENE
EMPLOYEE'S NAME TIME TIME TOTAL
AND TITLE ARRIVED DEPARTED (in lOths
CURRENT PATROL COST >C TOTAL TlME •
OFFICER DATE , TIME
TilvfE
of hrs)
HOUIILY COST Dl!TIEIIMINl!D THROUGH Pl!IIICl!NT I\Vl!IIAGllS OF ,-OLIC ■ IIATIIOI. C"aTS AND SUPPORT
Sl!RVIC:l!a BA:Sl!D ON Vll!AlhLY FISCAL CITY ■UDGl!T CHANOll!a JUNI! lat.
Fl'D FORM ISIS7
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