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HomeMy WebLinkAbout01-06 CC OrdinanceORDINANCE NO. 01-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.18 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING LIABILITY TO PERSONS WHO ARE RESPONSIBLE FOR LOUD OR UNRULY ASSEMBLIES WHICH CAUSE DISTURBANCES OF THE PEACE AND PROVIDING FOR RECOVERY OF LAW ENFORCEMENT COSTS IN CONNECTION WITH SUCH ASSEMBLIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9.18, Loud and Unruly Assemblies, is hereby added to Temecula Municipal Code to read as follows: "Chapter 9.18 "Loud and Unruly Assemblies "9.18.010 Notice of Personal Liability for Costs of Special Security Assiqnment a. Whenever a police officer responds to a loud or unruly assembly at any premises within the City and determines that there is reasonable cause to believe that the assembly constitutes a violation of Penal Code Sections 408, 409, 415 or 416, the Responsible Person shall be held personally liable for the costs of providing police personnel and services on the second and subsequent responses of the police to the premises, within twenty-four (24) hours of the first response, to control the assembly. "Responsible Person" shall mean: (1) The owner or owners of the premises; (2) the person or persons in charge of the premises; (3) the person or persons responsible for the assembly; or (4) the parents or guardians of any such person or persons described in (1), (2) or (3), if said person is a person under the age of 18. b. The Responsible Person shall be given a first warning, in the form of notification by a police officer on the scene that the initial police response shall be deemed to be the normal police services provided as described in subsection a. In the event the Responsible Person cannot be located at the time of the first response, the police officer shall post a written notice on the front door or primary entry door to the premises or upon the premises if no structure exists on it, that the initial police response shall be deemed to be the normal police services provided as described in subsection a, which shall constitute a first warning within the meaning of this section. c. The police personnel utilized after the first warning to control the assemblage shall be deemed to be on special security assignment over and above the normal services provided to the premises. R:/Ords2001/Ords 01-06 I "9.18.020 Fees and Costs for Special Security Assiqnments a. The costs of the special security assignment described in Section 9.18.010 shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. Fees and costs shall be established by administrative order of the City Manager and shall not exceed the reasonable costs of providing such services. In addition, such costs may include the cost of repair or replacement of damaged property owned by the City of Temecula or the County of Riverside or the costs of injuries to personnel of the City of Temecula or the County of Riverside arising out of the second and subsequent returns to the premises. b. All fees and charges levied for the services described in Section 9.18.010 shall be due and payable upon presentation of a bill. c. All fees and charges for such services shall constitute a valid and existing debt in favor of the City and against the Responsible Person to whom such services were rendered, and an immediate cause of action shall accrue to the City for the collection thereof in any court of competent jurisdiction. The City shall have the right to assign said rights for the collection of such debt to the County of Riverside or to any other person. d. Collection pursuant to this Chapter is not intended to be the exclusive remedy available to the City relating to the circumstances which gave rise to the need for police response to the premises and City retains all available remedies, both criminal and civil, to deal with such circumstances. "9.18.030 Notice and Hearin.q to Determine Reasonableness of Charqes. a. The bill for services pursuant this Chapter shall be served upon the Responsible Person at the address of the premises or such other address as the Responsible Party has given to the police or the City. Said bill shall be deemed served upon the Responsible Person upon the earliest date of: (1) Personal service upon the Responsible Person; or (2) five (5) business days following deposit of the bill in United States Mail, addressed to the Responsible Person with first class postage prepaid. b. The Responsible Person charged pursuant to this Chapter shall have five (5) days after the date of service of the bill to file a written request with the Chief of Police for a hearing to determine the reasonableness of the charges. c. Upon receipt of such request, the Chief of Police or his or her designee shall give the Responsible Person not less than seven (7) days written notice of the time and place of the hearing to determine the reasonableness of the fees and charges. d. The hearing shall be conducted by the Chief of Police or his or her designated representative, who shall act as the Hearing Officer. The hearing shall be conducted within twenty-one (21) days following the filing of the request for hearing. The Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff and police reports. The Hearing Officer shall give the Responsible Person, or his or her representative, and interested persons the opportunity to be heard in conjunction therewith. Based upon the evidence presented, the Hearing Officer shall determine the reasonableness of the fees and charges imposed. The Hearing Officer R:/Ords2001/Ords 01-06 2 shall serve written notice of his or her decision to the Responsible Party by personal service of such decision or mailing such decision to the Responsible Person in accordance with the procedures for service set forth in subsection a. e. The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in subsection f. f. The Responsible Person may appeal the decision of the Hearing Officer to the City Manager. The appeal shall be filed with the City Clerk within ten (10) days following the date of service of the Hearing Officer's decision on the Responsible Party. The City Manager's review of the decision of the Hearing Officer shall be limited to the record of the hearing before the Hearing Officer. The City Manager shall afford the Responsible Party an opportunity to be heard on the issues, but no new evidence shall be introduced before the City Manager. Such opportunity to be heard before the City Manager shall be held within fifteen (15) days following the date the notice of appeal is received and the City Manager shall provide the Responsible Person not less than seven (7) days notice prior the hearing. The City Manger shall issue a written decision within five (5) days of the conclusion of the City Manager's hearing on the issues. g. The decision of the City Manager shall be final and conclusive and no further administrative appeals shall be allowed." Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 12th~, 2001. ~ .x,~/ ~_.~"~Jeff Comerchero, Mayor /_ ~.a~l e~r J°nes~/ [SEAL] R:/Ords2001/Ords 01-06 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 01-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22r~ day of May, 2001 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th of June, 2001, by the following vote: AYES: 4 COUNClLMEMBERS: Naggar, Roberts, Stone, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Pratt ABSTAIN: 0 COUNCILMEMBERS: None S~sa~ W. Jo~es, CMC /,~..,,,,/~3 ity Clerk R:/Ords2001/Ords 01-06 4