Chapter 2.48


2.48.010    Purpose.

2.48.020    Definitions.

2.48.030    Procedures.

2.48.040    Police service costs.

2.48.050    Impounding of evidence.

2.48.060    Appeals.

2.48.010 Purpose.

The purpose of this chapter is to establish a method to allow for reimbursement to the San Jacinto police department for administrative costs related to second and subsequent responses to gatherings which cause disturbances on private property, including unlicensed paid admission dances or concerts. Such gathering have been determined to be a threat to the public peace, health, safety, and for general welfare. (Ord. 951 § 1, 1992)

2.48.020 Definitions.

As used in this chapter:

“Administrative costs” means cost of police personnel, facilities and/or equipment reasonably attributed to official police activities in response to a gathering, and including storage costs for any impounded evidence.

“Party,” “gathering” or “event”    means a group of persons who have assembled or are assembled for a social occasion or for a social activity on private property.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

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

“Police response” means any police actions reasonably necessary to prevent injury or harm to person(s) at a party, gathering or event, and to maintain the public peace, health, safety or general welfare.

“Private property” means property protected from being taken for public uses; such property as belongs absolutely to an individual or group of individuals, and of which exclusive right of disposition belongs.

“Special security assignment” means the assignment of police officers and services during second or subsequent calls to a location after the distribution of a written warning that the party, gathering or event violates the law.

“Unlawful conduct” means any violation of municipal or state laws including infractions, misdemeanors or felonies. (Ord. 951 § 2, 1992)

2.48.030 Procedures.

A.    First Police Response. A written warning shall be issued to the person responsible. The warning shall inform the person responsible that if police personnel are required to return to the same premises or location because of similar or continuing disturbances, such further responses shall constitute special security services. Further, this warning shall state the responsible party will be charged for the cost of providing such special security services. The warning shall be signed by the person responsible or if there is a refusal to sign, the warning shall have the words entered “refused to sign” acknowledging receipt of the warning. A copy of the warning shall be left with the responsible party.

B.    Police personnel utilized during a second or subsequent response after a first written warning will be deemed to be on a special security assignment over and above the services normally provided. The person responsible will be charged for the actual police costs expended by the city on the second or subsequent responses. (Ord. 951 § 3, 1992)

2.48.040 Police service costs.

A.    Police services costs shall include personnel, equipment and administrative costs but shall not exceed one thousand dollars ($1,000.00) for a single incident. Such fee is deemed to be supplementary to all other applicable fines and penalties and the city does not waive its right to seek reimbursement for actual costs exceeding the above amount through other legal remedies or procedures.

B.    The amount of such fee charged shall be deemed a debt to the city of the person or persons receiving such services, and if minors, their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees.

C.    Personnel and administrative costs shall be calculated at a per minute cost at current rates and which may from time to time be amended. Equipment costs shall be calculated at repair or replacement value. (Ord. 951 § 4, 1992)

2.48.050 Impounding of evidence.

The chief of police or his or her designee may impound any evidence of unlawful activity from the premises which is the locus of a gathering, including but not limited to stereo equipment, musical instruments, radios, amplifying equipment, recording equipment, and other reasonably related materials. (Ord. 951 § 5, 1992)

2.48.060 Appeals.

Any individual aggrieved by the decision of the chief of police to assess any penalty under the provisions of this chapter may appeal to the city council. (Ord. 951 § 6, 1992)