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HomeMy WebLinkAbout1989-08-22; City Council; 10220; Second Call Ordinance. --t 00 I Cl) z . "O !-I 0 "O <l) u ::, "O 0 1-1 .u i:: .... r-1 'M u § 0 u 0\ 00 -N N -00 .. Ii'- ~ ~ °' z 0 j:: 0 < ...I 0 z :) 0 0 Cl°F'"OF CARLSBAD -AGEN~.BILL AB# !0 I 9. 0-.0 TITLE: MTG. 'is/2.:z-la-ct 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. ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ./ 3 1 2 3 4 5 6 7 8 9 ------------------------------------- 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;~--- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /