For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Party, gathering or event"
is a group of individuals who have assembled or are assembling on private property for a social occasion or social activity.
"Person responsible for the event"
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 police services.
"Police services"
include the salaries of the police 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.
"Special security assignment"
is the assignment of police 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. 4199 § 1, 1989)
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:
"This notice of violation is given to you as a result of a first response by the City of El Cajon to a disturbance of the peace occurring on these premises:
[insert address of premises]
You will be charged all City personnel and equipment costs incurred as a result of any second or subsequent response by the police to this location."
The notice may also contain such other information as deemed necessary by the city manager to accomplish the purposes of this section.
(Ord. 4199 § 1, 1989)
When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person(s) responsible for the event will be held liable for the cost of providing police services for the special security assignment during a second or subsequent response by the police after the first warning, to control the threat to the public, health, safety, or general welfare.
(Ord. 4199 § 1, 1989)
The police service 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 police officers for a single event. The amount of such fees charged shall be deemed a debt to the city of the 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 alterative right to recover its costs through the city's nuisance abatement procedure, or through civil action.
(Ord. 4199 § 1, 1989)
The chief of police shall notify the director of finance in writing, following the rendering of police services, of the names and address of the person responsible for the event, the date and time of the event, the services performed and the costs thereof, and such other information as may be required. The director of finance shall thereafter cause appropriate billings to be made.
(Ord. 4199 § 1, 1989)
Any person aggrieved by any decision of the chief of police to bill for police services rendered may appeal to the city council by filing a notice of appeal with the city clerk within fifteen 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 thirty 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. 4199 § 1, 1989)