HomeMy WebLinkAboutNS-1958 - Adding Article VII to Chapter 10 of Santa Ana Municipal Code Relating to the Use of Police Services at Large Parties, Gatherings or Events on Private Property -,- 393
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3/31/88
ORDINANCE NO. NS- 1958
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
ARTICLE VII TO CHAPTER 10 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO THE USE OF POLICE
SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS
ON PRIVATE PROPERTY.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Aha Municipal Code is hereby
amended by adding !an article, to be numbered VII to Chapter 10
of the Santa Ana Municipal Code, consisting of sections 10-300
through 10-305, which said article reads as follows:
ARTICLE VII.
POLICE SERVICES AT LABGE PARTIES,
GATHERINGS OR EVENTS ON PRIVATE
PROPERTY.
Sec. 10-300. Purpose
The City of Santa Ana finds and determines that: The
control of large parties, gatherings or events on
private property is necessary when such continued
activity is determined to be a threat to the peace,
health, safety or general welfare of the public.
Police officers have been required to make as many
as three return calls to a location of a party,
gathering or event in order to disperse uncooperative
participants, and the return of police officers to
a location constitutes a drain of manpower and re-
sources often leaving other areas of the city with-
out minimal levels of police protection; all of which
creates a significant hazard to the safety of the
police officers and to the public in general and con-
stitutes a public nuisance.
Sec. 10-301. Definitions
For the purposes of this article, the following defini-
tions shall apply:
(a) Large party, gathering, or event is a group of
persons who have assembled or are assembling for a
social occasion or for a social activity.
(b) Police services include the salaries of the police
officers for the amount of time actually spent in re-
sponding to or in remaining at the party, gathering or
394
ORDINANCE NO. NS-1958
PAGE TWO
event at a rate established by resolution of the city
counc{1; the a~ual co~ o~ any medleal ~r~a~m~ ~o
injured officers; and, the cost of repairing any
damaged city equipment or property.
(c) Person responsible for the event is the person who
owns the. property where the party, gathering or event
takes place; the person in charge of the premises and/
or the person who organized the event. If the person
responsible for the event is a minor, then the parents
or guardians of that minor will be jointly and sever-
ally liable for the costs incurred for police ser-
vices.
(d) Special security assignment: The assignment of
police officers and services during a second call to a
location after the distribution of a written warning
that the party, gathering or event violates the law.
Sec. 10-302. Police Services at large parties,
gatherings or events requiring a second response.
When a large party, gathering or event occurs on pri-
vate property and a police officer at the scene deter-
mines that there is a threat to the public peace,
health, safety or general welfare, the person(s) re-
sponsible for the event will be held liable for the
cost of providing police services for the special
security assignment during a second response by the
police after the first warning, to control the threat
to the public peace, health, safety or general wel-
fare.
The return call, or second call, may also result in
the arrest and/or citation of violators of the state
penal code or other local regulations.
Sec. 10-303. Police Services Fee
The police services fee shall include the cost of
personnel and equipment but shall not exceed $500 for
a single incident.
The city does not hereby waive its right
reimbursement for actual costs exceeding
other legal remedies or procedures.
to seek
$500 through
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ORDINANCE NO. NS-1958
PAGE THREE
The amount of such fee charged shall be deemed a debt
to the city of the person or persons receiving said
services and, if minors, their parents or guardians.
Any person owing money shall be liable in an action
brought in the name of the city for recovery of such
amount, including reasonable attorney fees.
Sec. 10-304. Billing
The Chief of Police shall notify the director of
finance in writing following such performance of
police services, of the name and address of the
responsible person, the date and time of the incident
and the services performed and the costs thereof and
such other information as may be required. The
director of finance shall thereafter cause approp-
riate billings to be made.
Sec. 10-305. Appeals
Any individual aggrieved by the decision of the Chief
of Police to assess any penalty under the provisions
of this article may appeal to the city council as pro-
vided in chapter 3 of the Santa Ana Municipal Code.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
396
ORDINANCE NO. NS- 1958
PAGE FOUR
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder appertaining
shall continue in full force and effect.
ADOPTED this ]6th day of Ma~ , 1988.
ATTEST:
Mayor
Janice C-. Guy
Clerk of the Council
COUNCI LMEMBE RS:
Young AYe
McGuigan A,¥e
Acosta Aye
Griset ~e
Hart Aye
May Absent
Pulido Aye
APPROVED AS TO FORM: