Chapter 9.30
UNRULY GATHERINGS
Sections:
9.30.010 Purpose and application.
9.30.020 Definitions.
9.30.030 Emergency response charges.
9.30.040 Calculation of charges.
9.30.050 Collection of charges.
9.30.060 Mandatory warnings.
9.30.070 Other remedies.
9.30.080 Charge against person liable; minors.
9.30.090 Evidence not admissible in criminal proceedings.
9.30.010 Purpose and application.
The purposes of this chapter are to assist the police department in controlling unruly gatherings, to defray the cost of providing an emergency response during a second call to such gatherings, and to deter noisy or dangerous gatherings which are disturbing the public peace. This chapter shall have no application to assemblies, meetings, gatherings, demonstrations or marches supporting or espousing political, social, ethical, religious or other causes or beliefs, the expression of which is entitled to protection under the United States or State Constitution. (Ord. 3-92 §1(part), 1992).
9.30.020 Definitions.
An unruly gathering is a noisy or dangerous gathering of two or more persons which is disturbing the public peace. A second call to an unruly gathering is a second on-site visit to the premises by the police department which occurs after the initial response has been made to advise the person apparently in charge, or other person as provided in Section 9.30.060, that the gathering is unruly and informing such person of his or her liability under this section. Additional visits to the premises regarding the same unruly gathering shall be deemed second calls for the purposes of this section. (Ord. 3-92 §1(part), 1992).
9.30.030 Emergency response charges.
Whenever the police department makes a second call to an unruly gathering, the police personnel making the second call are deemed to be providing special emergency security services. The cost of providing such services shall be charged to the person or persons responsible for the unruly gathering as provided in this chapter. (Ord. 3-92 §1(part), 1992).
9.30.040 Calculation of charges.
The charge for providing such services during a second call to an unruly gathering shall be based on hourly pay rates. The charge shall also include the cost of providing equipment and repairing or replacing damaged equipment. The charge for each call shall be the cost of providing the services, but no less than one hundred dollars nor more than five hundred dollars, plus the cost of actual damage to city property. Additional calls to the same gathering shall be separately charged. (Ord. 3-92 §1(part), 1992).
9.30.050 Collection of charges.
The person or persons in charge of the unruly gathering, and if occurring on private property, the person or persons in charge of the property, shall be jointly and severally liable for the cost of providing the special emergency security services: The police chief, or his designee, shall determine charges for a second call and bill the parties who are liable. Payment shall be within thirty days of mailing of the bill to the parties. (Ord. 3-92 §1(part), 1992).
9.30.060 Mandatory warnings.
No person shall be liable for charges unless such person has been informed of his potential liability by a police officer during the first call. The police department shall prepare a written document warning of potential liability under this chapter and during the first call to provide a copy thereof to each such person. (Ord. 3-92 §1(part), 1992).
9.30.070 Other remedies.
The foregoing charges are cumulative and shall not limit or replace other remedies or penalties, civil or criminal. (Ord. 3-92 §1(part), 1992).
9.30.080 Charge against person liable; minors.
If the person liable is a minor, the parents or guardian of the minor shall be responsible. (Ord. 3-92 §1(part), 1992).
9.30.090 Evidence not admissible in criminal proceedings.
The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident. (Ord. 3-92 §1(part), 1992).