Chapter 5.100
RESPONSE TO UNRULY GATHERINGS
Sections:
5.100.030 Emergency response charges.
5.100.040 Calculation of charges.
5.100.050 Collection of charges.
5.100.010 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 call to such unruly gatherings, and to deter noisy, dangerous gatherings which disturb the public peace and threaten the general welfare. (Ord. 574, § 1; 1976 Code § 5-20.01).
5.100.020 Definitions.
An “unruly gathering” means a party or other gathering which occurs on or adjacent to private property in the city (hereinafter “premises”) and which a police officer at the scene determines is a threat to the public peace, health, safety or general welfare.
A “second call” to an unruly gathering means 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 MMC 5.100.060, 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. 574, § 1; 1976 Code § 5-20.02).
5.100.030 Emergency response charges.
Whenever the police department makes a second call to an unruly gathering, the police personnel utilized during the second call shall be deemed to be providing special emergency security services over and above services normally provided. The cost of providing such special emergency security services shall be charged to the person or persons responsible for the unruly gathering as provided herein. (Ord. 574, § 1; 1976 Code § 5-20.03).
5.100.040 Calculation of charges.
The charge for providing special emergency security services during a second call to an unruly gathering shall be calculated by the police department utilizing the hourly pay rates for each member of the public safety forces, including fire department personnel when utilized, and shall be adjusted from time to time to reflect changes in such hourly rates. Said charge may include the cost of providing equipment to the scene of the unruly gathering and the cost of repairing or replacing equipment damaged at the scene. The total charges payable under this section shall be the actual cost of providing the services but not less than two hundred dollars, plus the cost of actual damages to city property, if any, for a single response. Additional visits to the same gathering shall be separately charged. (Ord. 574, § 1; 1976 Code § 5-20.04).
5.100.050 Collection of charges.
The person or persons in charge of the premises and the person or persons in charge of the unruly gathering, or if any such person is a minor, then the parent or guardians of such person, shall be jointly and severally liable for the cost of providing the special emergency security services as provided in this chapter. If the property is rented as a short-term residential rental at the time of the unruly disturbance, the permittee and authorized agent, as those terms are defined in Chapter 7.30 MMC, are jointly and severally liable with all other persons in charge of the premises or gathering for the costs of providing the special emergency security services.
Within ten days of the second call to an unruly gathering, the chief of police or his designee shall calculate the charges payable under this chapter and shall cause a bill to be produced and sent to the persons responsible for such charges.
In the event that such a bill is not paid, in cash, within thirty days of its issuance, the bill shall be referred to the city attorney for appropriate collection activity. (Ord. 574, § 1, Amended by Ord. 771, § 2(A); 1976 Code § 5-20.05).
5.100.060 Mandatory warnings.
No charges may be made pursuant to this section unless the person apparently in charge of the unruly 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.
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 unruly gathering. (Ord. 574, § 1; 1976 Code § 5-20.06).
5.100.070 Other remedies.
The charges established by this section 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. 574, § 1; 1976 Code § 5-20.07).