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Home My WebLink AboutOrd 1395ORDINANCE N0. 1395 ORDINANCE ADDING CHAPTER 10.70 TO THE BURLINGAME MUNICIPAL CODE PROVIDING FOR CHARGES FOR RESPONSE TO UNRULY GATHERINGS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: Section 1, Chapter 10.70 is hereby added to the Burlingame Municipal Code to read as follows: "CHAPTER 10.70 RESPONSE TO UNRULY GATHERINGS Section 10.70.010 Authority and purpose. This chapter is enacted pursuant to the authority of Sections 38771 through 38773.5 of the Government Code and pursuant to the police powers of the City of Burlingame. The purpose of this ordinance is to identify activity which constitutes a public nuisance, to provide for the summary abatement of such a nuisance at the expense of persons creating, causing, committing or maintaining it, and to promote the public peace, health, safety and welfare by minimizing the frequency of return calls to unruly gatherings. Section 10.70.020 Definitions. An "unruly gathering" is a party or other gathering which occurs on or adjacent to private property in the City (hereinafter "premises") and which a police officer at the scene determines is a threat to the public peace, health, safety or general welfare. Section 10.70.030 Nuisance declared. It is hereby declared that unruly gatherings which create a threat to the public peace, health, safety or welfare constitute a public nuisance. No person, firm, corporation, association or other legal entity owning, leasing or occupying a premises in the City of Burlingame shall create, cause, commit, maintain or permit such a public nuisance to occur on said premises. Section 10.70.040 Notification of liability for costs of second response. When the Police Department is called to the scene of an unruly gathering and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare due to the gathering, the police officer shall contact one of the following: the owner of the premises, the tenants of the premises, the person in lawful custody of the premises, or the person responsible for committing, creating, causing, maintaining or permitting said gathering. The officer shall notify such person that the gathering constitutes a public nuisance and that such persons (or, if that person Ls a minor, the parents or guardians of that minor person) shall be held jointly and severally liable for the costs incurred for providing police personnel for a second or subsequent response to the same premises within twenty-four hours due to a continuation of the same conduct. If, after a good faith effort, no such responsible party can be found, the warning may be given to any person in attendance at the unruly gathering. The Police Department shall develop a written warning document to provide information concerning this section and shall deliver a copy of such warning document to the person described herein during the first visit to the unruly gathering. Section 10.70.050 Persons responsible for costs of second response. The costs incurred by the Police Department for a second or subsequent response to an unruly gathering when such conduct is continuing at the time of the second or subsequent response, shall be charged to and borne by the owner of the premises, the tenants of the premises, the person in lawful custody of the premises, or the person or persons who created, committed, caused, maintained or permitted said unruly gathering (or, in the event that person is a minor, that person's parents or guardians). Section 10.70.060 Second response deemed to be on to costs be special security assignment. The first response and warning shall be deemed to be normal police service. Personnel utilized on a second or subsequent response shall be deemed to be on special security assignment. The costs incurred from such special assignment are declared to be beyond normal services provided by the City. Section 10.70.070 Calculation of Charges. The charge for providing such special security assignment during the second call shall be calculated by the Police Department utilizing the hourly pay rates for each member oI the public safety forces, including Fire Department personnel when utilized, and shall be adjusted from time to time to reflect changes in such hourly rates. Said charge may include the cost of providing equipment to the scene of the unruly gathering and the cost of repairing or replacing equipment damaged at the scene. The total charges payable under this section shall be the cost of providing the services but not less than $100.00 and not more than $1,000.00, plus the cost of actual damages or injury to City property or personel, if any, for a single response. Additional visits to the same gathering shall be separately charged. Section 10.70.non Recovery of Costs. The person who created, caused, committed or maintained the nuisance, the person or persons in charge of the premises and the person or persons in charge of the unruly gathering, or if any such person is a minor, then the parent or guardians of such person, shall be jointly and severally liable for the cost of providing the special security assignment. In addition, the costs of such special assignment may be made a lien against the property on which the nuisance was maintained and shall be a personal obligation against the property owner as herein set forth Section 10.70.090 Billing. When the City has incurred response costs as set forth in this chapter, the actual cost thereof, plus accrued interest at the rate of ten percent (10%) per annum from the date of the billing shall be charged to the person or persons liable therefore. Such person or persons shall be billed by mail and the bill shall apprise the owner that failure to pay the bill may result in a lien on the property. Section 10.70.100 Nonpayment. When the full amount due to the City for second or subsequent response costs as set forth in this chapter is not paid by the person or persons responsible therefor within thirty (30) days of the date of the billing for such costs, the Police Chief shall file with the City Clerk a declaration showing the response costs incurred, the date costs were incurred and the location of the property to which the response was made. The recordation of such a declaration with the County Recorder shall constitute a lien on the property. Section 10.70.111 Other remedies. The charges established by this section are cumulative in nature and shall not be construed to limit or replace any other remedies or penalties, civil or criminal, which may be available." Section 2. Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person, firm corporation or circumstance, 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 portion thereof. Section 3. This ordinance shall be published as required by law. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the Burlingame City Council held on the 7th day of August 1989, and was adopted thereafter at a regular meeting of the Burlingame City Council held on the 21st day of August . 1989, by the following vote: AYES: COUNCILMEMBERS: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK �° CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE PROVIDING FOR CHARGES FOR RESPONSE TO UNRULY GATHERINGS Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1395, adopted August 21, 1989. Defines unruly gathering, declares same to be a nuisance, provides for notification of liability for costs of second response, establishes procedures for calculation and collection of charges. AYES: COUNCILMEN: AMSTRUP, BARYON, LEMBI, MANGINI, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE A certified copy of said adopted ordinance is posted in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: August 22, 1989 ;- Prepared by:.e° E�ROM�E F. COLEMAN City Attorney CITY OF BURLINGAME SUMMARY OF PROPOSED ORDINANCE Providing for response to Unruly Gatherings Pursuant to Government Code Section 36933(c)(1) the following is a summary of proposed Ordinance No. 1395 Defines unruly gatherings, declares them to be a nuisance, establishes procedures for notification of Liability for costs of second response, and establishes procedures for calculation and collection of such costs. Said ordinance was introduced on August 7, 1989 ; a public hearing thereon will be held August 21, 1989 at 7:30 p.m. at the City Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. A certified copy of said proposed ordinance is posted in the City Clerk's office, 501 Primrose Road, Burlingame, California. Q� l Dated: Prepared by JEROME F. COLEMAN City Attorney