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HomeMy WebLinkAbout1901 ORDINANCE NO. 1901 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A DIVISION 4 TO PART 2 OF CHAPTER 2 REGARDING FEES FOR POLICE SERVICES AT DISORDERLY PRIVATE ASSEMBLAGES/PARTIES WHEREAS, the necessary police action covered by this Ordinance is analogous to abatement of a public nuisance and is necessary to protect the peace, comfort, safety and welfare of the community; and WHEREAS, the City Council has determined that whenever reasonably possible, fees for services rendered by the Police Department for responses to unusual occurrences shall be assessed based on the cost to the City for rendering such services; and WHEREAS, it is reasonable to assess a fee for the cost of the Police Department's multiple response to the location of a party or assemblage as a result of loud, unruly, or disorderly conduct. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That a Division 4 is hereby added to Part 2 of Chapter 2 of the Arcadia Municipal Code to read as follows: DIVISION 4 - DISORDERLY PARTY: ENFORCEMENT FEE 4224.1. IMPOSITION OF FEE. When any loud, unruly or disorderly party or assemblage occurs or is held, and the senior ranking Police Officer at the scene determines that there is a threat to the public peace, health, safety, or general public welfare, that senior officer shall notify the owner of the -1- 1901 premises, the person in lawful custody of the premises, or the person responsible for said assemblage, that the person, or if that person be a minor, that the parents of guardians of that minor person shall be jointly and severally liable for the costs incurred for providing police personnel for a second or subsequent response to the same location due to a continuation of the same conduct. The first response, and warning, shall be deemed to be normal police service at no charge. Personnel utilized on a second or subsequent response after the first warning, to control the threat referred to above, shall be deemed to be on special assignment, and the costs incurred shall be beyond normal services provided. The costs of such special assignment shall include personnel and equipment costs, damage to City property, and injuries to City personnel. 4224.2. RESPONSIBILITY FOR FEE. The costs incurred by the City for multiple responses to loud, unruly, or disorderly parties or assemblages shall be the responsibility of the owner of the premises, the person in lawful custody of the premises, or the person responsible for said assemblage, or in the event that person is a minor, that person's parents or guardians, all of whom are jointly and severally liable. 4224.3. CALCULATION AND ASSESSMENT OF FEE. Reports of subsequent response incidents as covered by this Ordinance shall be transmitted by the Police Department to the Director of Finance for calculation of the fees and assessment to the responsible parties. -2- 1901 4224.4. ADMINISTRATIVE PROCEDURES. Any adjustment or procedural requirement that may be necessary to implement and administer this Ordinance and the fees authorized herein can be promulgated by Resolution of the City Council. SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published once In the official newspaper of the City within fifteen (15) days upon its adoption. Passed, approved and adopted this 3rd day of January, 1989. /f~ Mayor of the City of Arcadia ATTEST: ': Cit -3- 1901 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1901 was passed and adopted by the City Council of the City of Arcadia signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 3rd day of January, 1989, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Gilb, Young and Harbicht NOES: None ABSENT: Councilmember Lojeski -4- 1901