Chapter 9.32


9.32.010    Purpose and application.

9.32.020    Definitions.

9.32.030    Emergency response charges.

9.32.040    Calculation of charges.

9.32.050    Collection of charges.

9.32.060    Mandatory warnings.

9.32.070    Other remedies.

9.32.080    Charge against person liable—Minors.

9.32.090    Evidence not admissible in criminal proceedings.

9.32.010 Purpose and application.

The purposes of this chapter are to assist the Police Department in controlling loud and unruly gatherings, which constitute a nuisance and disturb the public peace, or are a threat to the public health, safety or welfare; to defray the cost of providing an emergency response during subsequent calls to such gatherings; and to deter such noisy, unruly or dangerous gatherings. 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. 1420 § 2 (Exh. A) (part), 2010)

9.32.020 Definitions.

An “unruly gathering” means a noisy or dangerous gathering of two or more persons which is disturbing the public peace or is a threat to the public health, safety or welfare. A “subsequent call to an unruly gathering” means a response to a call by the Police Department which occurs after a previous response to a call or calls, where the person or persons in charge, in possession of the premises or participating in the gathering are advised orally or in writing that the gathering is unruly, and informing such person or persons of potential liability under this chapter. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.030 Emergency response charges.

Whenever the Police Department makes additional or subsequent calls within twelve hours to an unruly gathering, the police personnel making the subsequent calls are providing special emergency and security services. The cost of providing such services shall be charged as provided in this chapter. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.040 Calculation of charges.

The charge for providing such services during a subsequent 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 equipment damaged during a response to an unruly gathering. The charge for each response shall be the cost of providing the services, and any damages, but no less than one hundred dollars. Additional response to the same gathering shall be separately charged. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.050 Collection of charges.

The person or persons in charge, in possession of the premises or participating in the unruly gathering and, if occurring on private property, the person or persons in charge or in possession 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 subsequent responses and bill the parties who are liable. Payment shall be within thirty days of mailing of the bill to the parties, which shall be by first class mail. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.060 Mandatory warnings.

No person shall be liable for charges unless such person has been informed orally or in writing of his potential liability by a police officer during a response and prior to a subsequent response. The Police Department shall prepare a written document warning of potential liability under this chapter and during a response and provide a copy thereof to each such person. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.070 Other remedies.

The foregoing charges are cumulative and shall not limit or replace other remedies or penalties, civil or criminal. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.080 Charge against person liable—Minors.

If the person liable is a minor, the parents or guardian of the minor shall be liable. (Ord. 1420 § 2 (Exh. A) (part), 2010)

9.32.090 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. 1420 § 2 (Exh. A) (part), 2010)