This chapter is enacted pursuant to the authority of Sections
38771 through 38773.5 of the Government Code and pursuant to the police
powers of the city of Burlingame. The purpose of this chapter is to
identify activity which constitutes a public nuisance, to provide
for the summary abatement of such a nuisance at the expense of persons
creating, causing, committing or maintaining it, and to promote the
public peace, health, safety and welfare by minimizing the frequency
of return calls to unruly gatherings.
(Ord. 1395 § 1, (1989))
is a party or other gathering which occurs on or adjacent
to private property in the city (hereinafter "premises") and which
a police officer at the scene determines is a threat to the public
peace, health, safety or general welfare.
(Ord. 1395 § 1, (1989))
It is hereby declared that unruly gatherings which create a
threat to the public peace, health, safety or welfare constitute a
public nuisance. No person, firm, corporation, association or other
legal entity owning, leasing or occupying a premises in the city of
Burlingame shall create, cause, commit, maintain or permit such a
public nuisance to occur on said premises.
(Ord. 1395 § 1, (1989))
When the police department is called to the scene of an unruly
gathering and a police officer at the scene determines that there
is a threat to the public peace, health, safety or general welfare
due to the gathering, the police officer shall contact one of the
following: the owner of the premises, the tenants of the premises,
the person in lawful custody of the premises or the person responsible
for committing, creating, causing, maintaining or permitting said
gathering. The officer shall notify such person that the gathering
constitutes a public nuisance and that such persons (or, if that person
is a minor, the parents or guardians of that minor person) shall be
held jointly and severally liable for the costs incurred for providing
police personnel for a second or subsequent response to the same premises
within 24 hours due to a continuation of the same conduct. If, after
a good faith effort, no such responsible party can be found, the warning
may be given to any person in attendance at the unruly gathering.
The police department shall develop a written warning document
to provide information concerning this section and shall deliver a
copy of such warning document to the person described herein during
the first visit to the unruly gathering.
(Ord. 1395 § 1, (1989))
The costs incurred by the police department for a second or
subsequent response to an unruly gathering when such conduct is continuing
at the time of the second or subsequent response, shall be charged
to and borne by the owner of the premises, the tenants of the premises,
the person in lawful custody of the premises or the person or persons
who created, committed, caused, maintained or permitted said unruly
gathering (or, in the event that person is a minor, that person's
parents or guardians).
(Ord. 1395 § 1, (1989))
The first response and warning shall be deemed to be normal
police service. Personnel utilized on a second or subsequent response
shall be deemed to be on special security assignment. The costs incurred
from such special assignment are declared to be beyond normal services
provided by the city.
(Ord. 1395 § 1, (1989))
The charge for providing such special security assignment during
the second call shall be calculated by the police department utilizing
the hourly pay rates for each member of the public safety forces,
including fire department personnel when utilized, and shall be adjusted
from time to time to reflect changes in such hourly rates. Said charge
may include the cost of providing equipment to the scene of the unruly
gathering and the cost of repairing or replacing equipment damaged
at the scene. The total charges payable under this section shall be
the cost of providing the services but not less than $100 and not
more than $1,000, plus the cost of actual damages or injury to city
property or personnel, if any, for a single response. Additional visits
to the same gathering shall be separately charged.
(Ord. 1395 § 1, (1989))
The person who created, caused, committed or maintained the
nuisance, the person or persons in charge of the premises and the
person or persons in charge of the unruly gathering, or if any such
person is a minor, then the parent or guardians of such person, shall
be jointly and severally liable for the cost of providing the special
security assignment. In addition, the costs of such special assignment
may be made a lien against the property on which the nuisance was
maintained and shall be a personal obligation against the property
owner as herein set forth.
(Ord. 1395 § 1, (1989))
When the city has incurred response costs as set forth in this
chapter, the actual cost thereof, plus accrued interest at the rate
of 10% per year from the date of the billing shall be charged to the
person or persons liable therefor. Such person or persons shall be
billed by mail and the bill shall apprise the owner that failure to
pay the bill may result in a lien on the property.
(Ord. 1395 § 1, (1989))
When the full amount due to the city for second or subsequent
response costs as set forth in this chapter is not paid by the person
or persons responsible therefor within 30 days of the date of the
billing for such costs, the police chief shall file with the city
clerk a declaration showing the response costs incurred, the date
costs were incurred and the location of the property to which the
response was made. The recordation of such declaration with the county
recorder shall constitute a lien on the property.
(Ord. 1395 § 1, (1989))
The charges established by this section are cumulative in nature
and shall not be construed to limit or replace any other remedies
or penalties, civil or criminal, which may be available.
(Ord. 1395 § 1, (1989))
