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Home My WebLink About04/04/1990, C-13 - COST RECOVERY PROGRAM FOR SECOND RESPONSES TO NOISE DISTURBANCES. ��II►II►�I�NIIIIIIIIII�IIIIII "J r 4 MEETING91440 I►��►►� ci o san lugs og�spo WMarmeCOUNCIL AGENDA REPORT ITEM NUMBEF:/� �16 FROM: James M. Gardiner, Chief of Police�V"' SUBJECT: Cost recovery program for second responses to noise disturbances. CAO ION: Give final passage to Ordinance No. 1163 implementing a cost recovery program for second responses of police personnel to noise disturbances. DISCUSSION: On March 6, 1990 the Council passed to print Ordinance No. 1163 establishing a cost recovery ordinance for second response by police personnel to noise disturbances. While enforcement of the noise ordinances and other applicable violations are actively pursued, the Department believes that the person responsible for creating this disruption of the public peace and second response should bear the costs of these police services. These services and associated costs are above and beyond those normally provided. This ordinance is designed to defray costs associated with multiple responses to noise disturbances, and will also serve as an effective deterrent after a first response to a disturbance. FISCAL IMPACT: A number of agencies who have adopted similar ordinances have seen reductions of over 50% in the number of repeat responses. This ordinance will provide . for a written warning to be given to the person responsible for the disturbance at the time of the initial police response. In the event this person is a minor, the parents or guardians of the minor will be the responsible person. Cost recovery would apply to a second response within a twenty four hour period. These persons will be liable for the City's costs of personnel and equipment up to a maximum of $500.00 for each subsequent response. There will be no charge assessed for cost recovery for the initial response and warning. Regardless of the ordinance, the City may separately pursue compensation for any injury to police personnel or damage to City equipment. The cost recovery program would be administered in the Department similar to the current program for persons arrested for driving under the influence. I\_ MAR 2 3 1990 1 aTv CLERK 3 SAN LUIS OBISP C ��H��>III►IullHlll�l► IIN�N city of San tuts OBlspo COUNCIL AGENDA REPORT ALTERNATIVE: 1. The Council could choose not to adopt this ordinance. The Department would continue to respond to calls and take appropriate enforcement action under existing ordinances and state law. We would not be able to charge back for these second response police services. CONCURRENCES: C OHN DUNN ISTRATIVE OFFICER We 5 19 0 EN I A BILL TLER i FINANCE DIRECTOR 1. Ordinance I 2 -/3 - ORDINANCE NO. 1163 (1990. Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 9.21, SECTIONS 9. 21. 010 THROUGH 9. 21. 050 TO THE SAN LUIS OBISPO MUNICIPAL CODE, RELATING TO CHARGES FOR POLICE SERVICES WHEREAS, City Council finds that the. control of large parties, gatherings or assemblages ("the events") on private property is necessary when such events are determined to be a threat to the public peace, health, safety or general welfare; and WHEREAS, police department personnel are frequently required to make subsequent responses to the location of events in order to maintain the public peace, health, safety and general welfare; and WHEREAS, the return of police department personnel to a location constitutes a drain on personnel and resources;. WHEREAS, the above situation may create a. hazard to the safety of police department personnel and to the general public. NOW, THEREFORE, BE IT ORDAINED BY the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 9 .21, Sections 9.21. 010 through 9. 21. 050, is hereby added to the San Luis Obispo Municipal Code to read as follows: Chapter 9.21 Second Response Cost Recovery Section 9.21. 010 Issuance. of Written Warning. When a police officer determines that a party, gathering, or assemblage ("the event") is a threat to the public peace, health, safety or general welfare, the police officer shall issue a written warning to the person responsible for control of the location of the event and/or the person responsible for the event, or if either 01163 Ordinance No. 1163 (1990 Series) Page Two of those persons is a minor, the parents or guardians of that minor. Section 9.21.020 Content of Warning. The written warning shall state that if police department personnel are required to return to the location of the event within the following twenty four hour period and the responding personnel determine that the subsequent event is a threat to the public peace, health, safety or general welfare, each such response shall constitute the provision of special security services. The. warning shall state that the person receiving the warning shall be charged for the cost of the City providing such special security services for the event. Section 9. 21. 030 Costs for Special Security Services. The costs of providing these special security services shall include but not be limited to all direct and indirect costs attributable to the subsequent response to the event. Section 9.21. 040 Collection of Costs. The collection costs for these special security services shall. not be in excess of five hundred dollars for each subsequent response. The City shall have the option to pursue any other legal remedies for recovery when such costs exceed five hundred dollars per response. Section 9 .21. 050 Debt Owed to City. The amount of such costs charged shall be deemed a debt to the City of the person or persons responsible for use of the special Ordinance No. 1163 (1990 Series) Page Three security services and, if minors, their parents or guardians. Any person required to pay such costs shall be liable in an action brought in the name of the City for recovery of such costs, including reasonable attorneys' fees. SECTION 2 . This ordinance, approved by the City attorney, together with the ayes and noes, shall be published at least three (3) days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at the meeting held on the 6th day of March 1990. On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss , Pinard, Roalman and Mayor Dunin NOES: None ABSENT: None dwnp� ayor Ron Dunin ATTE .() Pam Voges, Cit Clerk Ordinance No. 1163 (1990 Series) Page Four 1 APPROVED: City dministrative Officer �L At or y jP0lice 'ef Director of Finance