HomeMy WebLinkAbout91-26 - Police Services at Large Parties, Gatherings, or Events on Private PropertyORDINANCE NO. 91-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADDING
CHAPTER I% TO TITLE 11 OF THE COSTA MESA
MUNICIPAL CODE PERTAINING TO POLICE
SERVICES AT LARGE PARTIES, GATHERINGS
OR EVENTS ON PRIVATE PROPERTY.
Section 1. THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, the control of large 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;
WHEREAS, the City of Costa Mesa is situated near the
coastline where an influx of tourists congregate and there are
numerous colleges and universities located within or adjacent to
the City of Costa Mesa;
WHEREAS, the influx of tourists and concentration of college
and university students results in many large parties, gatherings
or events on private property;
WHEREAS, frequently, police officers have been required to
make return calls to the location of a party, gathering or event
on private property in order to disperse uncooperative
participants;
WHEREAS, frequently, police officers have been required to
make multiple calls to the same location on different dates in
response to repeated large parties, gatherings or events on
private property;
WHEREAS, the return of police officers to a location
constitutes a drain of police manpower and resources often
leaving other areas of the City of Costa Mesa without police
protection;
WHEREAS, the above -referenced conditions create a
significant hazard to the safety of the police officers and to
the public in general.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. Chapter IX is hereby added to Title 11 of the
Costa Mesa Municipal Code to read as follows:
CHAPTER I%
POLICE SERVICES AT PARTIES,
GATHERINGS AND EVERTS
ON PRIVATE PROPERTY
Sec. 11-164. Definitions.
For the purposes of this Chapter, the following definitions
shall apply:
(a) "Large party, gathering or event" means a group of
persons who have assembled or are assembling for a social
occasion or for a social activity on private residential and
commercial property including but not limited to residential
dwelling units and backyards, saloons, bars, nightclubs, pool
halls, restaurants, theatre, amphitheatre or fairgrounds.
(b) "Police services" include the salaries of the police
officers, or other public safety personnel, for the amount of
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time actually spent responding to or remaining at the large
party, gathering or event at a rate established by resolution of
the City Council, the actual costs of any medical treatment to
injured officers, or other public safety personnel and the cost
of repairing any damaged City equipment or property.
(c) "Person responsible for the event" means the person who
owns the property where the large 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.
(d) "Special security assignment" means the assignment of
police officers in response to a return or second call to the
same location after the distribution of a written warning that a
large party, gathering or event violates the law.
Sec. 11-165. Police Services at Large parties, Gatherings
or Events Requiring a second Response.
when a large party, gathering or event occurs on private
property and a police officer at the scene determines that there
is a threat to the public peace, health, safety or general
welfare, the person(s) responsible for the event will be held
liable for the cost of providing police service for a special
security assignment by the police, at any time within thirty (30)
days after a first written warning, to control the threat to the
public peace, health, safety or general welfare. The return
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call, or second call, may also result in the arrest and/or
citation of violators of the State Penal Code or other local
regulations.
Sec. 11-166. Police Services Fee.
(a) The police services fee shall include the cost of
personnel and equipment but shall not exceed five
hundred dollars ($500.00) for a single incident.
(b) The City does not hereby waive its right to seek
reimbursement for actual costs exceeding five hundred
dollars ($500.00) through other legal remedies or
procedures.
(c) The amount of such fees charged shall be deemed a
debt to the City of the person(s) responsible for the
event 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 attorneys' fees.
section 3. severability. If any section, subsection,
sentence, clause, phrase or portion of this Chapter is for any
reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Chapter.
The City Council hereby declares that it would have adopted the
ordinance codified in this Chapter and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
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clauses, phrases or portions be declared invalid or
unconstitutional."
Section 4. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before
the expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this 21st day of October, 1991.
d
Mayor qf the City of Costa Mesa
ATTEST: APPROVED AS TO FORM:
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C ty Clerk of the City of Cos a Mesa City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-26 was introduced and
considered section by section at a regular meeting of said City
Council held on the 7th day of October, 1991, and thereafter
passed and adopted as a whole at a regular meeting of said City
Council held on the 21st day of October, 1991, by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hornbuckle, Gerais, Hunuhrey, Erickson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Buffa
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this 21st day of October,
1991.
J 9
City Clerk and ex -officio Cle c of
the City Council of the City Pf
Costa Mesa
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