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HomeMy WebLinkAboutOrdinance #2956 ORDINANCE NO. 2956 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 8.42 THERETO RELATING TO THE USE OF POLICE SERVICES AT LOUD PARTIES, OR OTHER ACTIVITIES The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 8 .42. 8 .42 .010 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: (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) Host 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 host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services. (c) Police services fee is the cost to the City of any special security assignment and shall include, but is not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers, and the cost of reasonable attorney fees . (d) Special security assignment is the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent police response. 8 .42 .020 Initial Police Responses to Large Parties, Gatherings or Events . When any police officer responds to any large party, gathering or event, and that police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within a 24 hour period shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this chapter . 2956 8 .42 .030 Subsequent Police Responses to Large Parties, Gatherings or Events; Liability. If after a written notice is issued pursuant to section 8 .42 .020 , a subsequent police response or responses is necessary to the same location or address within a 24 hour period, such response or responses shall be deemed a special security assignment . Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter . The amount of such fee shall be a debt owed to the City by the person or persons warned, and if he or she is a minor, the debt shall be owed by his or her parents or guardians . In no event shall the fee be more than $1000 .00 . The City reserves its rights to seek reimbursement for actual costs exceeding $1000 .00 through other legal remedies or procedures . The subsequent response may also result in the arrest and/or citation of violators of the state penal code or other regulations, ordinances or laws. Section 8.42 .040 Cost; Collection. The Chief of Police shall notify the City Treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident , the services performed, the costs thereof and such other information as may be required . The City Treasurer shall thereafter cause appropriate billings to be made. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of August , 1988. Ma or ATTE T: AAFROVEDS,TO FRO City Clerk Att ney REVIEWED AND APPROVED: INITIATED AND PROVED: City Administrator Chief of Police �— jr 2 . 2956 Ord. No. 2956 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of August 19 88 and was again read to said City Council at a regular meeting thereof held on the 15th day of August__ _, 19 88 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Kelly, Green, Finley, Erskine, Winchell NOES: Councilmembers: None ABSENT: Councilmembers: Mays, Bannister t, Connie may CITY CLERK of the City of Huntington Beach and ex-oft Cork of the City Council.do hereby certify deaf a synopsis of this ordina=has tin p dshed in the Daily PRot onU Q City Clerk and ex=o f f i c i o C r k 224 �J�' t9 of the City Council of the City inat�orda a w+th the City barter of said City. of Huntington Beach, California Connie Brockway R Ci Clerk 2956