The city council finds and determines that unruly gatherings on private property can constitute a threat to the peace, health, safety, and general welfare of the public. Police officers have been required to make many return calls to such gatherings in order to disperse uncooperative or unruly participants in order to restore the public peace, health and safety and fire department personnel are also required to treat injuries which result from such gatherings. Such return calls drain the manpower and resources of the police and fire departments, and can leave other areas of the city without minimal levels of police and fire protection so as to create a significant hazard to the safety of citizens and police officers.
(Ord. 1744 § 15 (part), 2013)
The purpose of this chapter is to deter unruly gatherings and also to allow the city to obtain reimbursement for expenses related to second and additional responses to unruly gatherings which have been determined to be a threat to the public peace, health, safety or general welfare.
(Ord. 1744 § 15 (part), 2013)
For the purpose of this chapter, the following words and phrases shall have the meanings given herein:
"Chief of police"
means the chief of police of the city or his designee.
"Emergency personnel"
means all police and fire personnel that respond to an unruly gathering.
"Invoice notice"
means a written notice informing the responsible party of the amount of money owed for any response fee to a location within a thirty-day period after a violation notice has been issued for an unruly gathering at the property.
"Response fee"
means all costs of emergency personnel, including applicable overhead costs, and equipment for the amount of time actually spent in responding to or in remaining at an unruly gathering, as well as the cost of any medical treatment of injured emergency personnel, and damage to city property.
"Responsible party"
means that 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 who own the property where the unruly gathering takes place. However, when the owner has rented or leased the property to another person, such owner shall not be considered a responsible party unless: (a) the owner knew or reasonably should have known that the premises were being leased for a use that would likely lead to an unruly gathering; or (b) the city has sent at least one violation notice to the owner of the property by personal delivery or certified mail at the address shown on the last equalized assessment roll of the Los Angeles County assessor within the last thirty days and at least seven calendar days have passed between the date of the violation notice and the incident for which the police response fee is being charged;
2. 
Tenants of the property where the unruly gathering takes place;
3. 
The person or persons in charge of the premises where the unruly gathering takes place;
4. 
The person or persons authorizing the use of the premises for the unruly gathering;
5. 
The person or persons who organized the unruly gathering.
If any of those persons are minors, the parents or guardians of such minor(s) shall be the responsible party.
"Subsequent emergency response"
means any response by emergency personnel to the location of an unruly gathering made within a thirty-day period after the police have issued a violation notice to the responsible party, including a second or subsequent response to the incident which gave rise to the violation notice.
"Unruly gathering"
means a gathering or assembly of persons for social purposes at a private location within the city of Gardena at the invitation, request, or consent of the person in charge or control of the premises where the persons are behaving in such a manner as to disturb the public health, safety and welfare, including, but not limited to, excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, underage drinking, public consumption of alcohol, or assaults, batteries and fights.
"Violation notice"
means a written notice informing the responsible party that if a further response is necessary to the same location within a twelve-month period from the date of the disturbance violation notice or subsequent call for police services due to an unruly gathering, including to the same incident, because of the same or similar activity, the responsible party will be held liable to the city for the amount of the police response fee.
(Ord. 1744 § 15 (part), 2013)
A. 
If an unruly gathering 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, said officer shall, in addition to any other duty or responsibility imposed by law, give a written violation notice to the responsible party. The violation notice shall specify that a response fee for emergency personnel costs will be issued if a subsequent emergency response to an unruly gathering is necessary to control or abate the nuisance or to protect the public peace, health, safety or general welfare within thirty days subsequent to the date of the violation notice, including a subsequent emergency response to the same incident.
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 cite pursuant to the California Penal Code or other law or ordinance.
(Ord. 1744 § 15 (part), 2013)
A. 
The violation notice referred to in Section 9.68.040 shall be served in the following manner:
1. 
Personal Service. When responding to the unruly gathering, the police officer shall provide the responsible party with the written violation notice and attempt to obtain the signature of the responsible party on the notice. If the responsible party refuses or fails to sign the notice, the officer shall so indicate on the signature line. The failure or refusal to sign shall not affect the validity of the notice or of subsequent proceedings under this chapter. If the only responsible party present is a minor, the violation notice shall also be conspicuously posted on the property.
2. 
Service by Mail. If personal service on a responsible party, including the parent or guardian of a minor responsible party was not possible, the police department shall mail the violation notice to the responsible party by certified mail, postage prepaid with a requested return service receipt. Simultaneously, the notice shall be sent by first class mail. If the notice is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the notice sent by first class mail is not returned. Service shall be deemed to have been completed five days after deposit in the mail.
3. 
Service on Property Owner. If the property is leased or rented, the violation notice shall be mailed to the responsible party owner of the property at the address as shown on the last equalized assessment roll of the Los Angeles County assessor in the manner specified in subsection (A)(2) of this section.
B. 
Service of any other document required pursuant to this chapter shall be accomplished in the manner specified in subsection (A)(2) of this section.
C. 
Failure to receive any notice specified in this chapter does not affect the validity of the proceedings conducted hereunder.
(Ord. 1744 § 15 (part), 2013)
Any unruly gathering shall constitute a real property public nuisance, as an immediate threat to the public health, safety and general welfare.
(Ord. 1744 § 15 (part), 2013)
A. 
The chief of police shall keep track in writing of the date and time of the incident, the police services required, the police services performed, and such other information as may be necessary. The chief shall also obtain the same information from the fire department. Such information shall be forwarded to the finance director who shall cause an invoice notice for the response fee to be mailed to the responsible party or parties with the back-up documentation.
B. 
A responsible party need not be present at such gathering or have prior knowledge of the gathering to be liable hereunder.
C. 
Responsible parties shall be jointly and severally liable to the city for the response fee.
D. 
The invoice notice shall be paid within thirty days of the date of service absent a timely appeal.
(Ord. 1744 § 15 (part), 2013)
A. 
Any party wishing to challenge either a violation notice or an invoice notice may do so by filing a written request for hearing with the city clerk's office within ten days from the date of service of the notice.
B. 
Any appeal of the notice of invoice shall be accompanied by the deposit of any monies due to city or a written statement that the appellant has applied for an advance deposit hardship waiver pursuant to Section 9.68.090.
C. 
The request shall state the grounds for contesting the notice.
D. 
Appellant shall be notified of the time and place set for the hearing not less than ten days prior to the date of the hearing. The hearing shall be held within sixty days of the date of filing the appeal.
E. 
Any additional material submitted to the hearing officer in support of the notice being challenged shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
F. 
Failure to timely request a hearing shall render the notice final and shall constitute a failure to exhaust administrative remedies.
(Ord. 1744 § 15 (part), 2013)
A. 
Any person who intends to request a hearing to contest an invoice notice and who is financially unable to make the advance deposit as required in Section 9.68.080B may file a request for an advance deposit hardship waiver to be determined by the finance director.
B. 
The request shall be filed in writing with the city clerk's office no later than the date of the appeal.
C. 
The requirement of depositing the full amount of the money shall be stayed until the finance director makes a determination not to issue the advance deposit hardship waiver.
D. 
The finance director may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the appellant provides a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the finance director the appellant's actual financial inability to deposit the amount due the city in advance of the hearing.
E. 
If an advance deposit hardship waiver is not issued, the person requesting the waiver shall remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the invoice notice, whichever is later. However, in no event may the hearing take place until the deposit is remitted.
F. 
The finance director shall issue a written determination listing the reasons for his determination to issue or not issue the advance deposit hardship waiver within thirty days of application and a copy shall be served on the person seeking a waiver within five days thereafter.
G. 
The determination of the director shall be final.
(Ord. 1744 § 15 (part), 2013)
A. 
The city manager shall designate the hearing officer for the appeal hearing. The city manager may sit as the hearing officer, unless to do so violates the requirements of due process.
B. 
The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the decision or the amount of any monies due to the city upheld by the hearing officer.
(Ord. 1744 § 15 (part), 2013)
A. 
No hearing shall be held unless any money due the city has been deposited in advance or an advance deposit hardship waiver has been issued in accordance with Section 9.68.090.
B. 
Appellant shall be given at least ten days written notice of the hearing. The hearing shall be held not more than sixty days from the date of the appeal.
C. 
The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Appellant shall be given the opportunity to testify, present evidence, and cross-examine witnesses.
D. 
The failure of any appellant to appear at the hearing shall constitute a forfeiture of any monies deposited and a failure to exhaust administrative remedies.
E. 
Any notices, citations or other reports submitted by city staff shall constitute prima facie evidence of the respective facts contained in those documents.
F. 
The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision.
(Ord. 1744 § 15 (part), 2013)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or overturn the notice and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B. 
If the hearing officer determines that an invoice notice should be upheld, then any monies deposited with the city shall be retained by the city.
C. 
If the hearing officer determines that an invoice notice should be upheld and any monies due to the city had not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth a payment schedule in the decision.
D. 
If the hearing officer determines that an invoice notice should be overturned or reduced and money was deposited with the city, then city shall promptly provide a refund, together with interest at the average rate earned on the city's portfolio for the period of time that the fine amount was held by the city.
E. 
The hearing officer shall issue a written decision including the reasons therefor within thirty days of the conclusion of the hearing. The decision shall be served upon the appellant within five days after the decision is rendered.
F. 
The decision of the hearing officer shall be final.
(Ord. 1744 § 15 (part), 2013)
A. 
The amount of any response fee charged pursuant to this chapter shall be deemed a civil debt owing to the city by the responsible party or parties and shall be paid within thirty days from the date of the notice, or if an appeal is filed, within thirty days from the date of the written decision.
B. 
Any police response fee not paid in accordance with the provisions of this chapter is an obligation of the responsible party or parties and may be collected by the city through any legal means, including but not limited to:
1. 
Imposition of the fee as restitution in connection with any criminal conviction relating to the incident;
2. 
Assessment of the police response fee against the property at which the incident took place in accordance with Sections 8.64.150 through 8.64.200, but only when the owner is a responsible party as defined herein;
3. 
A small claims court action against the responsible party.
(Ord. 1744 § 15 (part), 2013)