HomeMy WebLinkAbout91-31 - Amending Chapter 10.58 of the Newport Beach Municipal Code Pertaining to Police Services At Large Parties, Gatherings or Events on Private PropertyNO. 91- 31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING CHAPTER 10.58 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
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:
SECTION 1: Chapter 10.58 of the Newport Beach Municipal
Code is amended to read:
Sections:
10.58.010 Findings And Purpose.
10.58.020 Definitions.
10.58.030 Police Services At Large Parties, Gatherings
Or Events Requiring A Second Response.
10.58.040 Police Services Fee.
10.50.050 Confidentiality.
10.58.060 Severability.
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.
(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) Frequently, police officers have been required to make
multiple calls to the same location on different dates in response
to repeated, large parties and gatherings.
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(g) 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.
(h) The above conditions create a significant hazard to the
safety of the police officers and to the public in general.
• 10.58.020 Definitions. For the purposes of this Chapter, the
following definitions shall apply:
(a) "Large party, gathering or event" means 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 responding to or
remaining at the large party, gathering or event at a rate
established by resolution of the City Council, the actual costs of
any medical treatment to injured officers, and the cost of
repairing any damaged city equipment or property.
(c) "Person responsible for the event" means the person who
• owns the property where the large 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" means the assignment of
police officers in response to a return or second call to the same
location after the distribution of a written warning that a large
party, gathering or event violates the law.
10.58.030 Police Services At Large Parties, Gatherings Or
Events Requiring A Second Response. When a large 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 a special security assignment by the police, at any
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time within 30 days 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.
• 10.58.040 Police Services Fee. The police 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(s) responsible for the event 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.
• 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 person charged
with the administration of this Chapter.
10.58.060 Severability. If any section, subsection,
sentence, clause, phrase or portion of this Chapter 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 Chapter. The City
Council hereby declares that it would have adopted the ordinance
codified in this Chapter 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 declare invalid or unconstitutional.
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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 of
the City, and it shall be effective thirty (30) 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 8th day of July , 1991, and adopted on the 22nd day of
July , 1991, by the following vote, to wit:
•
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CITY CLERK
gr /ordin /party.ord
AYES, COUNCILMEMBERS HEDGES, WATT,
TURNER, SANSONE, HART, COX, PLUMMER
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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