A.
Notwithstanding
any other provision of this Code, a civil penalty in the amount of
$100.00 is imposed, as provided herein, when any members of the city's
police (sheriff's) department respond a second time within a
24 consecutive hour period to any party or other assemblage of persons
within the city if:
1.
The
owner and/or other adult person in possession of the premises has,
at the time of the first response, been delivered a written notice
as hereinafter described or such written notice has been posted as
authorized herein; and
2.
There
is probable cause for police to believe that a violation of Penal
Code § 407, 415 or 416 has occurred on the premises any
time after first responding.
B.
The
written notice required to be provided shall state words to the effect
that a warning is hereby given that if police respond again within
24 hours thereafter, a civil penalty in the amount of $100.00 shall
be imposed upon the owner or other adult person in charge of the premises.
C.
If no
owner or adult person in charge of the premises can be located or
identified at the time of the first response, the written notice required
herein may be posted in any visible outdoor location near any entrance
to the premises. In such event, the owner and any other adult person
in possession of the premises at the time of the response by police
may be held jointly liable for the amount of the civil penalty as
provided herein.
(Code 1980, § 9.32.010; Ord. No. 561, § 1, 1996; Ord. No. 870 (Recodification), 2014)
In the event a civil penalty is imposed as provided herein,
written notice thereof, including a request for payment, shall be
given by first class mail, postage prepaid, and addressed to the owner
and/or other adult person in possession of the premises at the time
of the police responses, and such civil penalty shall constitute a
debt recoverable as a debt due and owing on a written contract, as
permitted by Government Code § 36901. In the event the city
is required to institute any legal proceeding to recover such penalty,
it shall be entitled to additionally collect all costs, including
attorney's fees, incurred as a result thereof. The imposition
of a civil penalty, as provided herein, shall be in addition to, and
not in lieu of, the imposition of any criminal penalties arising out
of, or incidental to, the underlying police responses, as may be provided
by law.
(Code 1980, § 9.32.020; Ord. No. 561, § 2, 1996; Ord. No. 870 (Recodification), 2014)
