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)
means the Indian Wells Municipal Code and any other codes
incorporated or adopted therein.
means the cost of law enforcement officers responding to
a loud and unruly event, or investigating and enforcing other provisions
of the Code.
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.
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.
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.
includes, but is not limited to, any or all of the following:
Loud, unnecessary or unusual noise in violation of any provision of Chapter 9.06 of this Code;
Obstruction of public or private streets by crowds or vehicles;
Obstruction of rights-of-way by people or vehicles;
Public drunkenness;
Assaults, batteries, fights, domestic violence or other disturbances
of peace;
Urinating or defecating in public; or
Any conduct that would otherwise constitute a violation of the
California Penal Code or Vehicle Code.
conduct does not include any activity that is protected by
Federal or State law.
means any of the following:
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;
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;
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;
The person(s) who organized the event; or
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.
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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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means an officer making a subsequent response to a private
residence or business as defined in this Chapter.
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)
(a)
Whenever
an officer responds to an event and determines that it is loud and
unruly, or investigates and determines the existence of other violations
of the Code on the property, the officer shall provide a warning,
written or oral, to any responsible person to stop the loud and unruly
activity or other Code violation. If the responsible person for the
event or other Code violation cannot be located or is uncooperative,
the officer shall post a written warning on the front door of the
primary entrance to the property or at a location that is visible
from the street. This Section does not preclude the City and its law
enforcement officers from taking any other enforcement action against
a responsible person prior to, in addition to, after or in lieu of
the issuance of the warning described in this Section.
(b)
Issuance of a warning letter, notice of violation, administrative citation, cease and desist letter or the filing of a civil or criminal lawsuit by the City against any responsible person for a violation of this Code shall constitute the initial response and warning described in subsection (a). Therefore, an officer will be deemed to be making a subsequent response to a property pursuant to subsection (c) at any time after that for purposes of imposing costs under this Chapter.
(c)
Whenever an officer makes a subsequent response to an event that it is loud and unruly, or investigates and determines the existence of the same or similar violation of the Code on the property they previously provided warning to stop to any responsible person under subsection (a), the officer or officers shall be deemed to be on special security assignment over and above the services normally provided. In such case, any or all of the responsible persons shall be jointly and severally liable to the City for the cost of providing the officer(s) on special security assignment.
(d)
A
responsible person is not liable for the cost of providing officers
on special security assignment if it is determined the event is not
loud and unruly, or upon investigation there are no other violations
of the Code existing at the property.
(e)
Sheriff's
Department deputies may submit written reports of their response and
investigation to the City for determination of whether the event was
loud and unruly, or whether other violations of the Code exist at
the property, for purposes of issuing warnings, taking other enforcement
actions, and imposing costs under this Chapter.
(Ord. 731 § 5, 2020)
(a)
The cost of providing special security assignments shall include the cost to the City for the total number of officers involved and time expended in responding to the event or investigating and enforcing other provisions of the Code. This includes the cost of personnel as well as equipment or facilities used in responding to the event or investigating and enforcing other provisions of the Code. Actual costs will be determined on a per occurrence basis by the City and Sheriff's Department, and detailed in an invoice to be served on any or all of the responsible persons in accordance with Section 1.20.040 of this Code.
(b)
Payment
of the invoice shall be made to the City's Finance Department
within thirty (30) calendar days of service of the invoice or the
Hearing Officer's decision in the case of an appeal.
(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)
(a)
The
cost of providing special security assignments shall constitute a
personal obligation or debt of any or all of the responsible persons.
(b)
If a responsible person does not pay the invoice for costs within thirty (30) calendar days after service of the invoice or the Hearing Officer's decision in the case of an appeal, they shall be assessed late payment charges in the amount of fifty percent (50%) of the invoice amount, plus interest at the maximum rate permitted by law. The City shall notify the responsible person of late payment charges pursuant to Section 1.20.040 of this Code. If the responsible person does not pay the invoice amount, late payment charges and interest due within thirty (30) calendar days of service of notice of the late payment charges, then that person shall be assessed another late payment charge in the amount of fifty percent (50%) of the amount of the invoice, plus interest at the maximum rate permitted by law. The City shall notify the responsible person of the additional late payment charges pursuant to Section 1.20.040 of this Code.
(c)
Any
unpaid invoice for costs under this Chapter may be recovered via any
means provided by law, including, but not limited to, referral to
a collection agency, filing of a civil action or imposition of lien
or special assessment against the property where the loud and unruly
event takes place or other Code violation exists. The prevailing party
in any judicial, administrative or other action shall be entitled
to recover its reasonable attorney's fees and costs of suit
or other action should it elect to do so.
(Ord. 731 § 5, 2020)
