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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
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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.
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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
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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
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