It is the intent of the City Council by the adoption of this Chapter to impose on and collect from the person in charge or responsible for an event that generates extraordinary cost to the City over and above the cost of providing normal law enforcement services and police protection city wide. The events for which charges are imposed are those voluntarily elected by the person responsible for the services, or his or her parent, guardian or the person having custody of a minor, and as hereinafter defined. The purpose of this chapter is to recover the actual cost to the City, over and above the cost to the City in providing police services, and law enforcement services to protect the public health, safety and welfare. The City Council finds that because of the limitations of various State Constitutional provisions, the pre-emption by the State and Federal government of the right of local agencies to impose taxes for the general welfare, it is necessary that persons voluntarily incurring special and extraordinary police services pay to the City the reasonable cost of providing such services.
[Added by Ord. 89-4]
For the purpose of this Chapter, certain words and phrases shall be construed as set forth in this Section, unless it is otherwise apparent from the context that a different meaning is intended:
A. ALARM SYSTEM
Means any mechanical, electrical or electronic device that is designed or used for the detection of an unauthorized entry into a building, structure or facility or to signal the commission of an unlawful act. It specifically does not include automobile alarms or auxiliary devices installed by a telephone company or a utility which is or may be utilized to report equipment damage or disruption of services.
B. AUDIBLE ALARM
Devices designed for the detection of unauthorized entry onto or into premises which cause an audible sound upon these premises upon activation.
C. AMUSEMENT
Includes any place carrying on any entertainment or amusement to which the public is invited or in which the public may participate.
D. CHIEF OF POLICE/LAW ENFORCEMENT AGENCY
Shall be those persons defined and set forth in Article II, Part 4 of this Code.
E. DIRECT DIAL DEVICE
Any system connected to a telephone line which upon activation, automatically dials a pre-determined telephone number and transmits a message or signal indicating the need for emergency response.
F. EVENT
A gathering of two or more persons on a premises within the City at the invitation, request or consent of the person in charge or control of the premises.
G. SCHEDULED EVENT
An event where the person scheduling the same has determined that because of its nature extraordinary police services will be necessary over and above that normally provided by the City for the protection of the public health, safety and welfare. An event is scheduled when written notice thereof setting forth the time, place and nature of the event has been filed with the City Administrator.
H. UNSCHEDULED EVENT
One requiring extraordinary police services over and above those normally provided for the protection of the public health, safety and welfare and which has occurred without advance notice to the City. Unscheduled events include, but are not limited thereby, loud and boisterous conduct, noises and activities, disturbing the peace, a congregation of two or more persons in intoxicated conditions or under the influence of drugs or alcohol, fighting, use of obscene or inflammatory language, loud music constituting a nuisance or disturbing the peace, activities causing excessive pedestrian vehicular traffic and parking problems and congestions, vehicular racing and cruising, events occurring after 11:00 P.M. to sunrise of the following day, disturbing the peace and tranquility of the neighborhood, use and display of narcotics, illegal drugs and controlled substances and paraphernalia for its use, the congregation of two or more persons injecting or ingesting illegal drugs, narcotics or controlled substances, or congregating in a tumultuous, noisy or rowdy crowd, indecent exposure and lewd conduct.
I. EXTRAORDINARY LAW ENFORCEMENT SERVICES
Those necessarily and reasonably incurred by the City in the protection of the public's health, safety and welfare and in the protection of property which said services are in addition to police services the City would normally provide without a special charge and which have arisen because of activities, events or installation or maintenance of alarm devices voluntarily selected by the owner, occupier or manager of a premise.
J. FALSE ALARM
Shall mean an alarm signal activated by subscriber negligence or for any reason not of an emergency nature or when activated due to a malfunction of any segment of the alarm system and which necessitates response by the law enforcement agency when, in fact, no emergency exists.
K. INTOXICATED PERSON
One who because of the consumption or use of alcohol or drugs is under the influence of said substance to the annoyance of any other person or endangerment of person or property.
L. PERSON IN CHARGE
The owner, manager or occupant in charge of or in control of the premises on which an event is occurring. If the person in charge is a minor, his or her parents or person having legal custody shall be presumed to be the person in charge. This presumption may be rebutted by the parent, guardian or person having legal custody establishing that the minor has been emancipated or has conducted, held or participated in the event in violation of express orders not to do so, if the event occurs on premises owned, occupied or under the control of the parent, guardian or person having legal custody while that person is absent therefrom and does not have reasonable knowledge that the event will occur or is occurring. If the event conducted, held or participated in by the minor occurs off the premises of the parent, guardian or person having legal custody of the minor, the presumption may be rebutted by proof that the minor reasonably misrepresented to said person his whereabouts and activities during the event, provided the event did not occur between the hours of 10:00 P.M. and the time of sunrise of the following day and the parent, guardian or other person reasonably relied thereon.
N. NUISANCE
Includes both public and private nuisances defined in the Civil Code of the State of California.
O. PARADES
Any parade, march or procession of any kind or any similar display, in, or upon any street, road, highway, alley or park within the City of Lakewood.
P. PARENT AND GUARDIAN
Includes every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18).
Q. RIGHT OF LAW ENFORCEMENT
Nothing in this chapter shall be construed as in any way limiting the power or right of law enforcement officers to make such investigations, detention or arrests as such law enforcement officers would be permitted to make had this chapter not been enacted.
R. SILENT ALARM
Means a device for the protection of unauthorized entry or illegal act upon the premises which does not generate an audible signal or sound on the premises when it is activated, but rather transmits a signal directly to the law enforcement agency or other place.
Any person planning a scheduled event as herein defined where extraordinary law enforcement services may be required, shall register the event in advance with the City Administrator at least twenty four (24) hours before the occurrence of the event, or if the event will occur on a Saturday, Sunday or holiday at least by 12:00 Noon of the day preceding the holiday. The registration shall be in writing on a form provided by the City Administrator and filed with the City Administrator setting forth among other things the following:
Upon receipt of such registration the City Administrator shall immediately notify the law enforcement agency and request that the agency determine and set forth the conditions necessary for providing police protection during said event. If the law enforcement agency determines, in the judgment of the City Administrator that the police services necessary are extraordinary, the City Administrator shall determine the cost of said extraordinary services and advise the person planning to conduct said event prior to the commencement of said event of the nature and extent of law enforcement services to be provided and the cost thereof. Upon receipt of said written notification from the City Administrator the person in charge of said event:
A.
May accept said charges and pay the same in advance of the event. In such an event, said person shall not be charged for any extraordinary law enforcement services in excess of the amount paid even though the actual cost of said services exceed the amount paid.
B.
Decide to schedule the event but contest the cost of providing the extraordinary services. In that event the City Administrator shall determine the actual cost of providing law enforcement services to the extraordinary event upon its completion and bill the person in charge.
C.
Elect not to schedule the event provided notice is given to the City Administrator of said election prior to 5:00 P.M. on the day in which the City Administrator has advised said person of the charges to be imposed.
[Amended by Ord. 2011-5]
If an unscheduled event, as herein defined, occurs or a loud or unruly assemblage of person or vehicles occurs or is held and the law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the City of Lakewood for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call. The costs of such services shall include administrative costs for both law enforcement and City personnel.
The personnel and equipment of the law enforcement agency utilized after the first warning to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided city wide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property shall be billed to and is the legal responsibility of the person incurring said extraordinary law enforcement services.
The City Council finds that response to false alarms is a special or extraordinary law enforcement services over and above that normally provided city wide and the cost of responding to excessive false alarms should be borne by the person in charge of the premises on which the false alarm occurs or the alarm agent responsible for the installation or maintenance of said alarm. False alarms are excessive if the same occurs after written notice from the law enforcement agency that the system has generated two or more false alarms within any thirty (30) day period within a year.
This Section does not apply to the following:
[Amended by Ord. 2011-5]
Upon written notification from the law enforcement agency of the necessity of providing said extraordinary law enforcement services and an itemized cost of providing said services including salaries of police officers, cost of vehicles, and other costs including administrative costs, the City Administrator shall determine within ten working days thereafter the actual cost of said extraordinary services.
The City Administrator upon determining the actual cost shall bill the amount of said cost to the person named by the law enforcement agency in the notice and at the address therein set forth setting forth the date and time of the incident and the services performed and the costs thereof and such other information as may be required. The amount of such fee charge shall be deemed a debt to the city of the person or persons receiving said services and to whom billed. Any person owing money shall be liable in any action brought in the name of the city for recovery of such amounts, including reasonable attorneys fees.
[Amended by Ord. 2011-5]
Any person charged for extraordinary law enforcement services for an unscheduled event pursuant to the provisions of this Chapter may appeal such charges and receive an administrative hearing. Any such appeal shall be processed in accordance with the provisions set forth in Sections 4905 and 4909. All uses of the terms "Administrative Order" and "Administrative Citation" are deemed to apply to a charge for extraordinary law enforcement services in this context.