HomeMy WebLinkAboutOrdinances 1966 09/19/1994~ ": ~f 0~/E DATE
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Introduced by
VICE MAYOR SOBEL
ORI)INANC'E NO.
1966 N.C.S.
Seconded by
R,OSS PARKERSON
AN ORI)1NANCE OF 'I'HE C'OUNCll, OF T~E CIT~' OF PETAI.iJ1VIA
AI)DING C~APTER 10.66 "EXCESSIVE DIS'I'UItBANC'~ CALLS A'I'
COlVIlVIEItCIAI. ESTABLIS~IVIENTS" TO TITI,~ 10 "PEACE, SAFE'T~'
AND MOItAI.S" OI+' T~E CI'I'Y OF PETALUIVIA 1VIIJNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Title 10 "Peace, Safety and Morals" of the City of Petaluma Municipal Code is
hereby amended by adding a new Chapter 10.66 "Excessive Disturbance Calls at Commercial
Establishments" to read as follows:
C~APTE~t 10.66 - EXCESSIVE IDISZ'U~ANCE
CAI,LS AT C(J1VVI110~E~ZC'IAI. ESTABI.ISHIVIEN'Y'S
Sections:
10.66.005
10.66.010
10.66.020
10.66.030
10.66.040
10.66.050
Title
Purpose
Definitions
Police Services for Excessive Disturbance Calls at
Commercial Establishments
Police Services Fee
Administrative Appeal
1
Ord. 1966 NCS Page 1 of 5
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l 10.66.005 - Title.
2 The title of this Chapter shall be "Excessive Disturbance Calls at Commercial
3 Establishments".
4
5 10.66.010 - Purpose.
6 The City Council finds that there are occurrences at commercial establishments open to
7 the public that may, on occasion, disturb the public peace, safety and welfare, thereby requiring
8 the Police Department to respond and abate the disturbance. When Police Department responses
9 to disturbances occur more than three times in a six-month period at a particular commercial
10 estatilishment, the owner(s) or operator(s) of which are unable or unwilling to prevent such
] 1 disturbances, there is an undue drain on City resources and an improper diminution of police
12 resources available to respond to disturbances elsewhere. It is in the best interest of public safety,
13 welfare and convenience of City as well as in fairness to its citizens that the City require those
14 persons owning and operating commercial establishments to defray the City's expenses in
15 providing police services for an excessive number of disturbance calls.
16
17 10.66.020 - Definitions
18 For purposes of this chapter, the following terms shall be defined as follows:
19 A. "Disturbance calls" are those responses by the Police Department to occurrences
20 on private property that constitute a disturbance as determined by a police officer
21 at the scene.
22 B. "Disturbance" is a threat to public peace, health, safety and welfare, including but
23 not limited to the following violations of the California Penal Code: disturbing the
24 peace (Penal Code § 415), brandishing a weapon (Penal Code § 417), assault
25 (Penal Code § 240), battery (Penal Code § 242), assault with a deadly weapon
26 (Penal Code § 245), riot (Penal Code § 404), rout (Penal Code § 406), and
27 unlawful assembly (Penal Code ~ 407).
28 C. "Police services" include the salaries of the police officers for the amount of time
29 actually spent in responding to, or in remaining at the scene of the disturbance, at a
30 rate established by resolution of the City Council; the actual cost of any medical
2
Ord. 1966 NCS Page 2 of 5
.;.
1 treatment for injured officers; and the cost of repairing any damaged City
2 equipment or property..
3 D. "Person responsible" or "responsible person" means the person who owns, rents,
4 leases, or otherwise operates or controls the commercial esta6lishment where a
5 disturbance is occurring.
6 E. "Commercial establishment" shall mean those establishments open to the public
7 where people gather to eat, drink beverages, or seek entertainment, including but
8 not limited to bars, restaurants, gaming establishments, and concert halls.
9
l0 10.66.030 - Police Services for Excessive Disturbance Calls at Commercial Establishments.
11 During each response to disturbance calls at a commercial establishment, the Police
12 Department will issue a written notice to the owner or responsible person at the commercial
13 establishment of the potential for the billing of police services. When the Police Department.
14 determines through a police records check that a commercial establishment has received three
15 such notices in the previous six-month period, that commercial establishment will be notified that
] 6 it will be billed for police services resulting from a fourth or subsequent disturbance call within a
17 six-month period.
18 When a fourth or subsequent disturbance call occurs within a six-month period at the same
19 commercial establishment, the responsible person at the commercial establishment will be liable
20 for a police services fee to cover the cost of providing police services in connection with such
21 fourth and subsequent disturbance call. The responsible person shall be billed for the police
22 services fee, as computed below, and payment shall be due and payable within thirty (30) days of
23 the mailing of the bill by the City.
24
25 10.66.040 - Police Services Fee.
26 The police services fee shall include the cost of personnel and equipment as computed by
27 the City Finance Department but shall not exceed ane thousand dollars ($1,000) for a single
28 incident, provided however, that the City does not hereby waive its right to seek reimbursement
29 for actual costs exceeding one thousand dollars ($1,000) through its legal remedies. The amount
30 of such fees shall be deemed a debt owed to the City by the person responsible for the event. Any
3
Ord. 1966 NCS Page 3 of 5
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1 person owing such fees shall be liable in an action brought in the name of the City for recovery of
2 such fees, including reasonable attorney fees.
3
4 10.66.050 - Administrative Appeal.
5 Any person receiving a bill for a police services fee may file within thirty (30) days after
6 the date of mailing of the bill, an administrative appeal against imposition of the fee. The request
7 for hearing shall be in writing and filed with the Chief of Police; and shall include a copy of the bill
8 and a statement of the grounds for appeal. The Chief of Police, or his designee, shall conduct an
9 administrative hearing on the appeal, after giving appellant at least ten (10) days' advance written
10 notice of the time and place of the hearing. Within ten (10) days after the hearing, the hearing
11 officer shall give written notice of the decision to the appellant, which decision shall be final. If
12 the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the
13 date of mailing notice of the decision of the hearing officer.
14
15 Section 2. The City Clerk is hereby directed to publish/post this ordinance for the period
16 and in the manner required by the City Charter.
17
18 Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
19 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
20 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
21 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
22 and all provisions thereof irrespective of the fact that any one or more of said provisions be
23 declared unconstitutional.
24
25 Section 4. This ordinance shall take effect thirty (30) days after its adoption.
26
27 INTRODUCED and ordered posted this 7th day of September , 1994.
28
29 ADOPTED this 19th day of September , 1994 by the following vote:
4
Ord. 1966 NCS Page 4 of 5
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AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
AB SENT : Aione
ATTEST:
City Clerk C E~~!~~l~'~'`(~ ~ I ~L~~'~' 4~
winword\ord
8/25/94 (fmlc)
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Ord. 1966 NCS Page 5 of 5