HomeMy WebLinkAboutOrdinance #3229 ORDINANCE NO. 3229
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.42 BY AMENDING SECTIONS 8.42.010(c),
8.42.020, 8.42.030, 8.42.040 AND ADDING SECTION 8.42.050
PERTAINING TO USE OF POLICE SERVICES AT LOUD PARTIES
OR OTHER ACTIVITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1: Chapter 8.42 of the Huntington Beach Municipal Code is hereby
amended by amending Sections 8.42.010(c), 8.42.020, 8.42.030, 8.42.040 and
adding Section 8.42.050, to read as follows:
Sections:
8.42.010 Definitions
8.42.020 Initial Police Responses to Large Parties, Gatherings
or Events
8.42.030 Subsequent Police Responses to Large Parties, Gatherings
or Events; Liability
8.42.040 Cost; Collection
8.42.050 Administrative Appeal
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. Such fee
may be either a flat fee of $250.00 or an itemized fee based on, but not Iimited
to, salaries of police officers while responding to or remaining at the party,
gathering or event, the pro rats cost of equipment, the cost of repairing City
equipment and property and the cost of any medical treatment of injured police
officers.
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
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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 parry, 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 30-day 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.
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 30-day 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 $1,000.00.
The City reserves its rights to seek reimbursement for actual costs exceeding $1,000
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.
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.
8.42.050 Administrative Appeal. An administrative appeal of a police service
fee may be made to the Chief of Police or his designee within ten days from the date of
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mailing of the billing. The request for a hearing shall be in writing and addressed to the
Chief of Police and shall include a copy of the billing and grounds for the appeal.
SECTION 2. This ordinance shall take effect 30 days after adoption.
PASSED AND ADOPTED by the City of Huntington Beach at a regular meeting
thereof held on the -7th day of February 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Atto?hey
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Administra r Cify Attorney
REVIEWED AND APPROVED:
A/Chief of PA0A11ce2
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3229
Ord. No. 3229
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, 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 therof held on the 18th day of Tuma y
19 94 and was again read to said City Council at a regular
meeting therof held on the 7th day of February 19_94__, and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Silva, Moulton-Patterson WinrhQlI , Jp- =zjgR g1i11;zTar,
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bauer, Robitaille
I, !Lonnie Broz -rjay CITY OI_ERK of the City of
Huntington Seach and ex-officio Clerk of the CityKvi Council,do hereby ceriify that a synopsis of this zal
ordinance has been puMished in the Daiiy P;,ot on City Ci erk and ex-offi c' Clerk
t of the City Council of the City
/ d , 19 F of Huntington Beach, California
In accordance with the City Charter of saki city.
Connie Brockway
City Clerk
Deputy City C �k