The purpose of this chapter is to allow the city to obtain reimbursement for expenses related to second and additional responses to loud or large parties, which have been determined to be a threat to the public peace, health, safety or general welfare.
(Ord. 2489 § 1, 2012)
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 Westminster police department or designee.
"City"
means the city of Westminster.
"Finance department"
means the finance department of the city of Westminster 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 of Westminster 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, which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
"Person"
includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee, general partners of a legal entity.
"Police service fine"
means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a loud or large party at a rate established by resolution of the city council.
"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 or large party taking place.
2. 
The person or persons authorizing the use of the premises for the loud or large party.
3. 
The person or persons who organized the loud 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 or large party made within fourteen days after a police officer has given a written warning to the responsible person 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 or large party that generated the written warning, or at another location within the city.
(Ord. 2489 § 1, 2012)
A. 
If a loud 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 further response is necessary, because of the continuation of any objectionable activity, that the responsible person will be held liable to the city for the amount of the police service fine.
B. 
A police service fine shall be imposed on the responsible person if a subsequent police response on the same day to the loud or large party is necessary to control or abate the nuisance or to protect the public peace, health, safety or general welfare.
C. 
A police service fine shall be imposed on the responsible person for any further subsequent police responses to any loud or large party at the same location within a period of fourteen days of the initial written warning.
D. 
A police service fine shall be imposed on the responsible person for any police response to a loud or large party that occurs at any location within the city within a fourteen day period of the initial written warning if it is determined that the person responsible for the loud or large party that generated the initial written warning is also the person responsible for the subsequent police response.
E. 
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. 2489 § 1, 2012)
A. 
The first response to a loud or large party shall not incur a fine.
B. 
Subsequent responses shall incur fines in the following manner:
1. 
The second response within a fourteen day period shall incur a fine in the amount of two hundred fifty dollars.
2. 
The third response within a fourteen day period shall incur a fine in the amount of five hundred dollars.
3. 
The fourth response within a fourteen day period shall incur a fine in the amount of seven hundred dollars.
4. 
The fifth response within a fourteen day period shall incur a fine in the amount of nine hundred dollars.
5. 
The sixth or any subsequent responses within a fourteen day period shall incur a fine in the amount of one thousand one hundred dollars per response.
(Ord. 2489 § 1, 2012)
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. 2489 § 1, 2012)
The chief of police or the designee of the chief of police 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 fine to be made to the responsible party.
(Ord. 2489 § 1, 2012)
The amount of any police service fine charged pursuant to this chapter shall be deemed a civil debt owing to the city by the responsible party.
(Ord. 2489 § 1, 2012)
Any person who has been issued a police service fine pursuant to this chapter may contest the fine. The procedures and timelines set forth in Chapter 1.14 of the Westminster Municipal Code, relating to administrative hearings for administrative citations, shall apply.
(Ord. 2489 § 1, 2012)