The Indian Wells City Council finds that the City's law
enforcement officers regularly make stops at private residences and
businesses in response to loud and unruly events constituting a threat
to the health, safety, and general welfare of the public, or in order
to investigate and enforce other provisions of the Code.
Further, the City Council finds that law enforcement officers
are often required to make multiple stops at the same private residences
and businesses, often within the same day, over several consecutive
days, or even several months, to respond to such loud or unruly events
or to investigate and enforce other provisions of the Code. These
multiple responses create a burden on scarce City resources.
The purpose of this Chapter is to establish a method for the
City to recover its law enforcement costs for subsequent responses
to such loud and unruly events or in the investigation and enforcement
of other provisions of the Code.
(Ord. 731 § 5, 2020)
"Code"
means the Indian Wells Municipal Code and any other codes
incorporated or adopted therein.
"Cost"
means the cost of law enforcement officers responding to
a loud and unruly event, or investigating and enforcing other provisions
of the Code.
"Enforcement action"
means issuance of a warning — written or oral, notice
of violation, administrative citation, cease and desist letter, filing
of a civil or criminal action, or any other remedy the City pursues
that is provided by law in order to gain compliance with the Code
or punish for its violation.
"Event"
means any party or gathering on private property, regardless
of the number of attendants, to which a law enforcement officer responds
to because the event is loud and unruly as defined in this Chapter.
"Law enforcement officer" and "officer"
means a law enforcement officer employed or otherwise charged
by the City to enforce codes, ordinances, mandates, regulations, resolutions,
rules or other laws adopted by the City, including officers employed
by the City or providing services to the City under contract. This
includes, but is not limited to, City code enforcement officers and
building officials, and Riverside County Sheriff's Department
deputies.
"Loud and unruly"
includes, but is not limited to, any or all of the following:
(1)
Loud, unnecessary or unusual noise in violation of any provision of Chapter
9.06 of this Code;
(2)
Obstruction of public or private streets by crowds or vehicles;
(3)
Obstruction of rights-of-way by people or vehicles;
(5)
Assaults, batteries, fights, domestic violence or other disturbances
of peace;
(6)
Urinating or defecating in public; or
"Loud and unruly"
conduct does not include any activity that is protected by
Federal or State law.
"Responsible person"
means any of the following:
(1)
The owner(s) of record of the property where either the event
takes place or the investigation and enforcement of other provisions
of the Code occurs;
(2)
The person(s) in charge or purportedly in charge of the property
where the event takes place or the investigation and enforcement of
other provisions of the Code occurs;
(3)
The person(s) authorizing the use of the property for the event
or where the investigation and enforcement of other provisions of
the Code occurs;
(4)
The person(s) who organized the event; or
(5)
The person(s) who the responding officer believes is causing,
performing, permitting to exist or otherwise maintaining the event,
or using, inhabiting or residing at the property where the investigation
and enforcement of other provisions of the Code occurs.
If any responsible person is a minor, his or her parents or
guardians shall be the responsible person for purposes of this Chapter.
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"Subsequent response"
means any response to a private residence or business regarding
a loud or unruly event, or to investigate and enforce other provisions
of the Code, made after an initial response where an officer provides
a warning, written or oral, to stop the loud and unruly activity or
other Code violation to any responsible person.
(Ord. 731 § 5, 2020)
Any responsible person may appeal the imposition of costs under this Chapter within fifteen (15) calendar days after service of the invoice. Service of the invoice shall be made according to Section
1.20.040 of this Code. Failure to timely and properly file an appeal shall constitute a waiver of all rights of appeal, and the invoice amount shall be deemed valid and final. Appeals shall be governed according to Sections
1.20.070 through
1.20.140 of this Code.
(Ord. 731 § 5, 2020)