Chapter 9.52


9.52.010    Purpose and intent.

9.52.020    Definitions.

9.52.030    First response.

9.52.040    Subsequent responses.

9.52.050    Billing.

9.52.060    Confidentiality.

9.52.070    Severability.

9.52.010 Purpose and intent.

The City finds and determines that the control of 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 several return trips 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 resources, often leaving other areas of the City without 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. (Ord. 328, 1990)

9.52.020 Definitions.

For the purposes of this section, the following words shall have the meanings set out in this section:

A. “Cost of second and subsequent responses” includes the salaries of the police officers, at the salary then in effect for each classification of each individual officer, for the amount of time actually spent responding to or remaining at the party, gathering or event; appropriate overhead; the actual cost of any medical treatment to injured officers, and, the cost of repairing any damaged City equipment or property.

B. “Party” includes a gathering or event where a group of persons have assembled or are assembling on private property for a social occasion or social activity which may constitute a disturbance of the peace in violation of California Penal Code Section 415.

C. “Responsible person” is the person who owns the property where the party, gathering or event takes place and/or the person in charge of the premises and/or the person who organized the party, gathering or event. If the person responsible for the event is a minor, then the parents or guardians of that minor will jointly and severally be liable for the costs incurred for second and subsequent City responses.

D. “Special security assignment” is 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. (Ord. 328, 1990)

9.52.030 First response.

A. During a first response to a disturbance of the peace occurring on private property, the responding officer(s) may among other things, deliver to the responsible person or persons a “notice of violation: first response” which shall contain a message substantially as follows:

This notice of violation is given to you as a result of a first response of the City of Poway to a disturbance of the peace occurring in violation of Penal Code Section 415. You will be charged all city personnel and equipment expenses incurred as a result of any second or subsequent responses to this location.

B. The “notice of violation: first response” may contain other information as deemed necessary by the City Manager to accomplish the purposes of this chapter. (Ord. 328, 1990)

9.52.040 Subsequent responses.

A. If the City is required to respond a second time to a disturbance of the peace and a “notice of violation: first response” has been delivered to the responsible person or persons, then the City shall commence computing the response costs.

B. A statement of the charges incurred by the City in its second and subsequent responses shall be prepared and delivered to the responsible person or persons.

C. The amount of the charge shall be deemed a debt to the City of the responsible person or persons who shall be liable in an action brought in the name of the City for the recovery of such amount, including reasonable attorney’s fees. (Ord. 328, 1990)

9.52.050 Billing.

The Director of Safety Services shall notify the Director of Finance in writing. Following the rendering of police services, the name and address of the person responsible for the cost thereof, and such other information as may be required. The Director of Finance shall thereafter cause the appropriate billings to be made. (Ord. 811 § 14, 2017; Ord. 328, 1990)

9.52.060 Confidentiality.

Information furnished and served pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter or pursuant to a court order. (Ord. 328, 1990)

9.52.070 Severability.

If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is declared that this chapter and each section, subsection, sentence, clause, phrase, part or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 328, 1990)