Chapter 9.14
DISORDERLY SOCIAL EVENTS OR GATHERINGS
Sections:
9.14.030 Emergency response charges.
9.14.040 Calculation of charges.
9.14.050 Collection of charges.
9.14.010 Purposes.
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 or subsequent call to such disorderly social events or gatherings, and to deter noisy, dangerous gatherings which are public nuisances, disturb public peace and threaten the general public welfare. (Ord. 2009-6 § 1, 7-14-2009)
9.14.020 Definitions.
A. “Disorderly social event or gathering” is a party or other gathering which occurs on or adjacent to private property (hereinafter “premises”) in the City and which a police officer at the scene determines is a public nuisance or threat to the public peace, health, safety or general welfare.
B. A second or subsequent call to a disorderly social event or gathering is a second on-site visit to the premises by the Police Department, which occurs after an initial response has been made to advise the person apparently in charge, or other person as provided in NCC 9.14.060, that the gathering is disorderly 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 purpose of this section. (Ord. 2009-6 § 1, 7-14-2009)
9.14.030 Emergency response charges.
Whenever the Police Department makes a second call to a disorderly social event or gathering, the police personnel utilized during the second or subsequent call shall be deemed to be providing special emergency security services over and above services normally provided to the general public. The cost of providing such special emergency services shall be charged to the person or persons responsible for the unruly gathering as provided in this chapter. (Ord. 2009-6 § 1, 7-14-2009)
9.14.040 Calculation of charges.
The charge for providing special emergency security services during a second or subsequent call to an unruly gathering shall be calculated by the Police Department utilizing actual costs, including benefits and overhead, for each member of the public safety forces involved, including Fire Department personnel when utilized, and shall be adjusted from time to time to reflect changes in such hourly rates. Said charges may include the cost of providing equipment to the scene of an unruly gathering and the cost of repairing or replacing equipment damaged at the scene. Additional visits to the same gathering shall be separately charged. (Ord. 2009-6 § 1, 7-14-2009)
9.14.050 Collection of charges.
A. The person or persons in charge of the premises and the person or persons in charge of the disorderly social event or gathering, or if any such person is a minor, then the parent or guardian of such minor, shall be jointly and severally liable for the cost of providing the special emergency security services as provided in this section.
B. Within 10 days of the second or subsequent call to a disorderly social event or gathering, the Chief of Police or his designee shall calculate the charges payable under this section and shall cause a bill to be prepared and sent to the persons responsible for such charges.
C. In the event that such a bill is not paid in full within 30 days of its issuance, the bill shall be referred to the City Attorney for appropriate collection activity. (Ord. 2009-6 § 1, 7-14-2009)
9.14.060 Mandatory warnings.
A. No charges may be levied pursuant to this chapter unless the person apparently in charge of the disorderly social event or gathering has been informed of his or her potential liability under this section by a police officer at the premises during the first visit. If, after a good faith effort, no such responsible party can be found, the warning may be given to any person in attendance at the unruly gathering.
B. The Police Department shall develop a written warning document to provide information concerning this section and shall deliver a copy of such warning document to the person described herein during the first visit to the disorderly social event or gathering. (Ord. 2009-6 § 1, 7-14-2009)
9.14.070 Other remedies.
The damages established by this chapter are cumulative in nature and shall not be construed to limit or replace any other remedies or penalties, civil or criminal, which may be available. (Ord. 2009-6 § 1, 7-14-2009)