For the purposes of this chapter, the words set out in this
section shall have the following meanings:
include the salaries of the law enforcement officers for
the amount of time actually spent in responding to, handling all associated
duties, or in remaining at the party, gathering or event at a rate
established by the City Manager; the actual cost of any medical treatment
to injured officers; and the cost of repairing any damaged City equipment
or property.
is a group of individuals who have assembled or are assembling
on private property for a social occasion or social activity.
is the person who owns the property upon which the party,
gathering or event takes place and/or the person in charge of the
premises and/or the person who organized the party, gathering or event.
If the person responsible for the event is a minor, then the minor's
parents or guardians will jointly and severally be liable for the
costs of second and subsequent law enforcement services.
is the assignment of law enforcement officers and services
during the second or subsequent call to a location after the distribution
of a written warning that the party, gathering or event violates the
law.
(Ord. 842, 1991)
During a first response to a complaint of a disturbance at a
party, gathering or event, the responding officer may, among other
things, deliver to the responsible person a "Notice of Violation:
First Response" which shall contain a message substantially as follows:
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This notice of violation is given to you as a result of a first
response by the City of Imperial Beach to a disturbance of the peace
occurring on these premises:
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_____________________________
[Insert address of premises]
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You will be charged all City personnel and equipment costs incurred
as a result of any second or subsequent response by the law enforcement
to this location.
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The notice may also contain such other information as deemed
necessary by the City Manager to accomplish the purposes of this section.
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(Ord. 842, 1991)
When a party, gathering or event occurs on private property
and a law enforcement officer at the scene determines that there is
a threat to the public peace, health, safety or general welfare, and/or
constitutes a public nuisance, the person(s) responsible for the event
will be held liable for the cost of providing law enforcement services
for the special security assignment during a second or subsequent
response by the law enforcement after the first warning, to control
the threat to the public health, safety or general welfare.
(Ord. 842, 1991)
The law enforcement services fee shall include the cost of personnel
and support, equipment damages and cost of injuries to officers. The
fee shall be no less than and shall not exceed the cost of law enforcement
officers for a single event.
The amount of such fees charged shall be deemed a debt to the
City of person or persons receiving said services 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. In addition to the cost
recovery procedure under this chapter, the City shall retain the alternative
right to recover its costs through the City's nuisance abatement procedure,
through civil action or lien.
(Ord. 842, 1991)
The City Manager is authorized to adopt appropriate procedures
for billing and other matters necessary for the administration of
this chapter.
(Ord. 842, 1991)
Any person aggrieved by any decision of the City Manager to
bill for law enforcement services rendered may appeal to the City
Council by filing a notice of appeal with the City Clerk within 15
days of the date of the billing. Upon the filing of such request,
the City Clerk shall set a time and place for the hearing and shall
notify the appellant thereof. The hearing shall be held within 45
days after the appeal is filed. At the hearing any person may present
evidence in opposition to or in support of the appellant's case. At
the conclusion of the hearing, the City Council shall either grant
or deny the appeal and the decision of the City Council shall be final.
(Ord. 842, 1991)
