Chapter 9.20
REIMBURSEMENT FOR POLICE SERVICE

Sections:

9.20.010    Findings.

9.20.020    Purpose.

9.20.030    Definitions.

9.20.040    Police response to loud or large parties.

9.20.050    Police emergency response to incidents involving alcohol or drugs (Government Code Sections 53150 through 53159).

9.20.060    Billing.

9.20.070    Debt of city.

9.20.080    Appeal.

9.20.010 Findings.

A.    The city council finds and determines that loud or large parties on private property can constitute a threat to the peace, health, safety, or general welfare of the public. Police officers have been required to make many return calls to loud or large parties in order to disperse uncooperative or unruly participants in order to restore the public peace and safety. Such return calls drain the manpower and resources of the police department, and can leave other areas of the city without minimal levels of police protection so as to create a significant hazard to the safety of citizens and police officers.

B.    The city council finds and determines that the California Government Code provides for the recovery of police service response to negligent operation by a person of a motor vehicle, boat, vessel, or civil aircraft, while under the influence of any alcoholic beverage or drug, or combination thereof, causing any incident requiring an appropriate emergency response.

C.    The city council finds and determines that to fully provide police services in Winters, reimbursement as provided by Government Code Sections 53150 through 53159 is warranted and is to be collected by the city of Winters as provided herein. (Ord. 2009-14 § 2 (part))

9.20.020 Purpose.

The purpose of this chapter is to allow the city to obtain reimbursement for expenses related to second and additional responses to loud or large parties which have been determined to be a threat to the public peace, health, safety or general welfare, and to obtain reimbursement for all conduct specified in Government Code Sections 53150 through 53159. In addition, the city shall have the right to obtain reimbursement for any other similar conduct or where recovery is allowed by state or federal law. (Ord. 2009-14 § 2 (part))

9.20.030 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings given herein:

“Emergency response” shall mean an appropriate response of police, rescue personnel or others to an emergency incident. The use or non-use of sirens or emergency flashers shall not affect the city’s right to recovery and reimbursement.

“Large party” or “loud party” means a gathering or assembly of persons on a premises within the city of Winters at the invitation, request, or consent of the person in charge or control of the premises.

“Police expense of an emergency response” means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a location for which a reimbursement right is allowed under Government Code Sections 53150 through 53159.

“Police service fee for a large party or loud party” means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a loud or large party at a rate established by resolution of the city council.

“Responsible party” means, in the case of large parties or loud parties, that person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following:

1.    The person or persons who own the property where the loud or large party takes place.

2.    The person or persons in charge of the premises where the loud or large party takes place.

3.    The person or persons authorizing the use of the premises for the loud or large party.

4.    The person or persons who organized the large party.

If any of those persons are minors, the parent or guardians of such minor(s) shall be the responsible party.

“Responsible party” means the persons liable for reimbursement costs as specified in California Government Code Sections 53150 through 53159.

“Subsequent police response” means any police response to the location of a loud or large party made within fifteen (15) days after a police officer has given a written warning to the responsible party notifying said person that a police services fee will be imposed for a subsequent response to abate the nuisance. (Ord. 2009-14 § 2 (part))

9.20.040 Police response to loud or large parties.

A.    If a loud or large party occurs or is held and the police officer initially investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer shall, in addition to any other duty or responsibility imposed by law, give a written warning (disturbance violation notice) to the responsible party that if a further response is necessary because of the continuation of any objectionable activity, that the responsible party will be held liable to the city for the amount of the police service fee.

B.    A police service fee shall be imposed if a subsequent police response to the loud or large party is necessary to control or abate the nuisance or to protect the public peace, health, safety or general welfare.

C.    The provisions of this chapter are in addition to the authority of the police to regulate loud or large parties and shall supplement, and not supplant, the exercise of any other available law including, but not limited to, arrest or citation pursuant to the California Penal Code or other law or ordinance. (Ord. 2009-14 § 2 (part))

9.20.050 Police emergency response to incidents involving alcohol or drugs (Government Code Sections 53150 through 53159).

A.    The city shall be entitled to reimbursement for all police responses to emergency incidents specified under California Government Code Sections 53150 through 53159.

B.    No conviction of a criminal offense shall be required or affect the right of the city to reimbursement. (Ord. 2009-14 § 2 (part))

9.20.060 Billing.

The chief of police or the designee of the chief of police shall notify the finance department in writing of the name and address of the person responsible for the party, the date and time of the incident, of the services performed and the police services required, and such other information as may be necessary. The finance department shall thereafter cause appropriate billing of the police service fee to be made to the responsible party. (Ord. 2009-14 § 2 (part))

9.20.070 Debt of city.

The amount of any police service fee charged pursuant to this chapter shall be deemed a civil debt owing to the city by the responsible party. (Ord. 2009-14 § 2 (part))

9.20.080 Appeal.

A.    Any person receiving a bill for police services provided pursuant to this chapter may, within fifteen (15) days after said bill was sent, file a written request appealing the police services fee imposed with the city manager. The city manager or the appointed designee of the city manager shall set the matter for a hearing, which hearing shall be within thirty (30) days after receipt of the notice of appeal or such longer period as may be agreed to by the appellant. The city manager or the designee of the city manager shall render a written decision on the appeal within ten (10) days following the close of the hearing. The decision of the city manager or the designee of the city manager shall be final.

B.    After a request for appeal is filed, the city shall withhold collection of the bill until conclusion of the appeal.

C.    If, after a hearing, the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty (30) days. (Ord. 2009-14 § 2 (part))