The purpose of this chapter is to allow the city to obtain reimbursement for expenses related to second and subsequent responses to loud and/or large parties which have been determined to be a threat to the public peace, health, safety or general welfare.
(Ord. 5825, § 1, 3-25-2014)
This chapter is adopted pursuant to the authority granted in Article XI, Section 5(a) of the California Constitution and Article VI, Section 4 of the Charter of the City of Glendale. The council of the city finds, determines, and declares that loud and/or large parties on private property can constitute a threat to the peace, health, safety or general welfare of the public, as police officers have been required to make many return calls to loud and/or large parties in order to disperse uncooperative or unruly participants. Repeated return police responses to loud and/or large parties drain the resources of the Glendale Police Department, and can leave other areas of the city without minimal levels of police protection. The city council finds that holding persons financially responsible for repeated police responses will deter future incidents that require repeated responses, and will offset the cost of the repeated responses, thereby allowing law enforcement resources to be allocated where they are most needed.
(Ord. 5825, § 1, 3-25-2014)
For the purpose of this chapter, the following words and phrases shall have the meanings given herein:
“Chief of police”
means the chief of the Glendale police department or his/her designee.
“City”
means the City of Glendale.
“Finance department”
means the finance department of the City of Glendale or any person or entity that the finance department designates to perform any of its functions and duties.
“Large party” or “loud party”
means a gathering or assembly of persons on a premises within the city at the invitation, request, or consent of the person in charge or having actual control of the premises, and which generates loud, unnecessary, and unusual noise or other disturbance, which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness.
“Person”
includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee, general partners of a legal entity.
“Police service fee”
means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a loud and/or large party, the cost of repairing city equipment and property damaged as a result of the response, and the cost of any medical treatment of injured officers, as established by resolution.
“Responsible person”
means the person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following:
1. 
The person or persons in charge of the premises with knowledge of the loud and/or large party taking place.
2. 
The person or persons authorizing the use of the premises for the loud and/or large party.
3. 
The person or persons who organized the loud and/or large party.
If the responsible person is a minor, the parent(s) or legal guardians) of the minor shall be responsible for the fines.
“Subsequent police response”
means any police response to a loud and/or large party made within a three month period after a police officer has given a written warning notifying the responsible person that a police services fine will be imposed for any subsequent response to abate the nuisance, whether at the location of the loud and/or large party that generated the written warning, or at another location within the city.
(Ord. 5825, § 1, 3-25-2014)
A. 
If a loud and/or large party occurs, or is held, and the police officer initially investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare due to the manner in which it is being conducted, or that it constitutes a nuisance, the officer shall, in addition to any other duty or responsibility imposed by law, give a written warning (disturbance violation notice) to the responsible person stating that if a subsequent police response is necessary, because of the continuation of any objectionable activity, the responsible person will be liable to the city for the amount of the police service fee, as established by resolution, and applicable fines as described in section 9.22.050
B. 
The provisions of this chapter are in addition to the authority of the police to regulate loud or large parties and shall supplement, and not supplant, the exercise of any other available law including, but not limited to, arrest or citation pursuant to the California Penal Code or other law or ordinance.
(Ord. 5825, § 1, 3-25-2014)
A. 
The first response to a loud and/or large party shall not incur a fine.
B. 
A fine as established by resolution shall be imposed on the responsible person if, within 12 hours of the initial written warning, a subsequent police response to the loud and/or large party is necessary to control or abate the nuisance or to protect the public peace, health, safety or general welfare.
C. 
A fine as established by resolution shall be imposed on the responsible person for any further subsequent police responses to any loud and/or large party at the same location within a period of three months of the initial written warning.
D. 
A fine as established by resolution shall be imposed on the responsible person for any police response to a loud and/or large party that occurs at any location within the city within a three month period of the initial written warning if it is determined that the person responsible for the loud and/or large party that generated the initial written warning is also the person responsible for the subsequent police response.
E. 
Fines for subsequent police responses to a loud and/or large party shall be incurred in the amounts established by resolution.
(Ord. 5825, § 1, 3-25-2014)
For subsequent offenses, public nuisance laws apply and subsequent offenses may be prosecuted criminally, civilly, or administratively. Nothing in this chapter is intended to preclude the city from pursuing all the legal remedies available to it under state and local law.
(Ord. 5825, § 1, 3-25-2014)
The chief of police or his or her designee shall notify the finance department in writing of the name and address of the person responsible for the party, the date and time of the incident, of the services performed and the police services required, and other such information as may be necessary. The finance department shall thereafter cause appropriate billing of the police service fee(s) and applicable fine(s) to be made to the responsible party.
(Ord. 5825, § 1, 3-25-2014)
The amount of any police service fee and/or fine charged pursuant to this chapter shall be deemed a civil debt owing to the city by the responsible party.
(Ord. 5825, § 1, 3-25-2014)
A. 
Any person receiving an invoice for police service fee(s) and/or fine(s) may, within 15 days after the invoice date, file a written request appealing the imposition of such charges with the city clerk. Any billing sent pursuant to said section 9.22.070 shall inform the billed party of the right to appeal said billing. All appeals shall be made in writing, shall state the ground for such appeal, shall specify the factual basis for the appeal and shall contain a signature verifying the truth of all matters asserted. Upon the filing of a request for an appeal, payment of the invoice for the police service fee(s) and fine(s) shall be submitted to the city.
B. 
Any appeal regarding such billing shall be heard by the chief of police or by his or her designee. Notice of the hearing shall be sent by certified mail to the appellant (unless such mail is refused or unclaimed, then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service). Within 10 days after the hearing, the chief of police, or his or her designee, shall give written notice of the decision to the appellant by certified mail (unless such mail is refused or unclaimed, then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service).
C. 
The decision of the chief of police, or his or her designee, may be appealed to a hearing officer by filing a written appeal stating the grounds therefor with the city clerk within 15 days of the mailing of the police chief’s, or his or her designee’s, notice. The appeal of the decision of the chief of police, or his or her designee, shall be conducted within a reasonable time, but not less than 30 days, at a de novo public hearing before a neutral hearing officer designated by the city manager. The hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the city manager as are necessary and which are consistent with the duties and responsibilities of such hearing officer. Not less than five days prior to the hearing, the city clerk shall give notice of the time and place of the hearing. The hearing officer may affirm, modify or reverse the decision of the chief of police and shall state the reasons therefor. The decision of the hearing officer shall be final when rendered. Within 30 days of the public hearing, the hearing officer shall notify the appellant of the decision, which shall be final, in writing in the manner prescribed above. If the appeal is granted in part or in full, any amounts to be refunded to the appellant shall be made within 45 days after notice of the decision of the hearing officer is sent.
D. 
Any person aggrieved by the decision of the hearing officer may seek judicial review of the hearing officer’s decision by filing an appeal with a court of competent jurisdiction in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. The person or responsible person shall serve upon the city clerk either in person or by first class mail a copy of the notice of appeal. If the person or responsible person fails to timely file a notice of appeal with the court, the hearing officer’s decision shall be deemed confirmed.
(Ord. 5825, § 1, 3-25-2014)