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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
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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
Councilman Reiss
, seconded by
, and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard, Roalman and Mayor Dunin
NOES: None
ABSENT: None �---w
ayor Ron Dunin
ATTE T:
Pam Voges, citb Clerk
Ordinance No. 1163(1990 Series)
Page Four
APPROVED:
City Administrative Officer
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Police C 'ef
Director of Finance
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YOU ARE HEREBY NOTIFIED THAT THIS ASSEMBLAGE IS A THREAT TO THE
PUBLIC PEACE, HEALTH, SAFETY AND GENERAL WELFARE (415.2 P.C.).
AS A PERSON RESPONSIBLE FOR THIS EVENT, YOU WILL BE HELP LLABLE FOR
THE COST OF POLICE PERSONNEL AND EQUIPMENT IF OFFICERS ARE REQUIRED
TO RETURN WITHIN 24 HOURS TO RESTORE ORDER AND KEEP THE PEACE.
(SLO MC 9.21.050)
IN ADDITION, A RETURN CALL BY THE POLICE MAY RESULT IN ADDITIONAL i
CRT HAT OR CIVIL ACTION AGAINST YOU AND OTHER VIOLATORS.
Ordinance No. 1163
FINALLY PASSED this _ 4th — _ day of April
19 gQ on motion
of Councilmember Rappa
, seconded
by
Councilmember
Roalman
, and on the following roll
call
vote:
AYES: Councilmembers Rappa, Roalman, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilmember Pinard
Mayor Ron Dunin
ATTEST:
City C erk Pam Vo s
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