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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 REL :mb ( 9 ) 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 395 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: