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HomeMy WebLinkAbout88-19 - Adding Chapter 10.58 to the Newport Beach Municipal Code Pertaining to the Use of Police Services at Large Parties, Gatherings or Events on Private PropertyORDINANCE NO. 88- 19 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.58 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE USE OF POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY. The City Council of the City of Newport Beach does hereby ordain as follows: 4% Section 1: Chapter 10.58 of the Newport Beach Municipal Code is hereby added to read as follows: Section 10.58.010 Findings and Purpose. The City Council finds and declares that: (a) The control of large parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public. (b) The City of Newport Beach is a tourist designation with numerous weekly summer beach rentals. (c) This influx of tourists results in many large parties, gatherings or events. 40 (d) These large parties, gatherings or events often pose a threat to the peace, health, safety and general welfare of the public. (e) Frequently police officers have been required to make return calls to the location of a party, gathering or event in order to disperse uncooperative participants. (f) The return of police officers to a location constitutes a drain of manpower and resources often leaving other areas of the city without police protection. (g) The above conditions create a significant hazard to the safety of the police officers and to the public in general. Section 10.58.020 Definitions. For the purposes of this Chapter, the following definitions shall apply: • 1 (a) Larae party_. gathering, or event is a group of persons who have assembled or are assembling for a social occasion or for a social activity. (b) Police services include the salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering or event at a rate established by resolution of the City Council, the actual cost of any medical treatment to injured officers, and, the cost of repairing any damaged city equipment or property. (c) Person responsible for the event is the person who owns the property where the party, gathering or event takes place, the person in charge of the premises and /or the person who organized the event. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services. (d) Special security assignment is the assignment of police officers and services during a second call to a location after the distribution of a written warning that the party, gathering or IVevent violates the law. Section 10.58.030 Police Services at Large Parties, Gatherings or Events Requiring a Second Response. When a large party, gathering or event occurs on a 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 response by the police, after a first written warning, to control the threat to the public peace, health, safety or general welfare. The return call, or second call, may also result in the arrest and /or citation of violators of the state penal code or other local regulations. • Fa Section 10.58.040 Police Services Fee. T h e p o l i c e services fee shall include the cost of personnel and equipment but shall not exceed five hundred dollars ($500) for a single incident. The city does not hereby waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500) through other legal remedies or procedures. 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 attorney fees. Section 10.58.050 Confidentiality. Information furnished and secured pursuant to this Chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this Chapter. Section 10.58.060 Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting • of the City Council of the City of Newport Beach held on the 13th 3 day of June , 1988, and adopted on the 27th day of June 1988, by the following vote, to -wit: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner NOES, COUNCILMEMBERS • 4