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