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Home My WebLink AboutORD NO 4183ORDINANCE NO. ~: I 8 S AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ASSESSMENT OF SECOND RESPONSE COSTS FOR LOUD OR UNRULY EVENTS SECTION 1. Chapter 9.23 of the Bakersfield Municipal Code is hereby added to read as follows: CHAPTER 9.23 ASSESSMENT OF SERVICE FEE FOR COSTS FOR LOUD OR UNRULY EVENTS Sections: 9.23.010 9.23.020 9.23.030 9.23.040 9.23.050 9.23.060 9.23.070 9.23.080 9.23.090 9.23.100 9.23.110 Purpose Findings. Loud or unruly events defined. Persons responsible for loud or unruly event. Civil liability for the costs of a second response to a loud or unruly event. Penalty and amount of service fee. Warning issued at time of initial response. Assessment of service fee. Notice of assessment of service fee. Payment of service fee. Small Claims Enforcement. 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second response to a loud or unruly event from the person or persons responsible for such event. 9.23.020 Findings. The city council finds as follows: S:/COUNCIL\O rds\9 23NoiseAssessSecon dRespo nseCosts.doc OR!G[NAL A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter; B. That frequently, police and fire department personnel are required to respond a second time to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated by reason of the fact that such person or persons failed to take the steps necessary to terminate such unlawful conduct; and C. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second response to such event in those situations in which such person or persons were duly warned that a second response fee would be assessed against them at the time of the initial response to the event. 9.23.030 Loud or unruly events defined. For purposes of this chapter, the terms loud event and unruly event are defined as follows: A. A loud event shall mean an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the State of California. 9,23.040 Persons responsible for a loud or unruly event. For purposes of this chapter, a person shall be considered to be responsible for a loud or unruly event if: A. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or B. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or C. Such person accepts responsibility for the event. 9.23.050 Civil liability for the costs of a second response to a loud or unruly event. Any person responsible for a loud or unruly event shall be civilly liable to the city for a service fee which fee shall represent alt costs incurred by the city arising out of a second response which is made by the city police or fire department to such event where: A. Any member of the police or fire department initially responded to the event during the preceding 12-hour period; B. At the time of making such initial response, personnel from the city police or fire department warned such person, in writing, that the event was being conducted S \COUNCIL\Orals\9 23 NoiseAssessSecond ResponseC osts doc 2 ~_ ORIG in an unlawful manner, and that if police or fire department personnel were required to respond a second time to the event, such person would be assessed a second response fee as and for the city's second response costs in the amount provided for by this chapter; and C. Following such initial response, the city police or fire department were required to respond a second time to the event by reason of the fact that the event continued to be conducted in an unlawful manner, notwithstanding such written warning. 9.23.060 Penalty and amount of service fee. In addition to the penalty provided for in Chapter 1.40 of this code, the City of Bakersfield may assess the service fee specified in section 9.23.050 pursuant to Chapter 3.70 of this code if the city has satisfied all the conditions stated in section 9.23.050. 9.23.070 Warning issued at time of initial response. Where personnel from the city police or fire department responding to a loud or unruly event determine that the unlawful conduct occurring at such event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any person responsible for the event in lieu or arresting or issuing a citation to such person as a result of the event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of and/or observed at event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time to the same or a similar event within a 12-hour period by reason of the fact that the event continues to be conducted in an unlawful manner, such person will be assessed a service fee as and for the city's second response costs in the amount provided for by this chapter. Such warning shall also state that the service, if any shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second response. Any person issued a written warning in the manner provided for by this section, shall sign the warning acknowledging receipt thereof. 9.23.080 Assessment of service fee. Where the City Manager or his designee determines that a second response has been made to a loud or unruly event within a 12-hour period following the initial response to such event, the City Manager or his designee shall assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this chapter. Such service fee shall be determined pursuant to Chapter 3.70 and consistent with the costs incurred by the city for all of the police and/or fire department personnel participating in the second response, or the sum of One Thousand Dollars ($1,000), whichever is less. Where two or more persons are assessed a service fee for the same loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee. S ,COUNCIL,Ord$/9 23NoiseA$$essSecondResponseCosts Qoc 3 9.23.090 Notice of assessment of service fee. Upon determining to assess a second response fee against a person responsible for a loud or unruly event, the City Manager or his designee shall cause notice of the assessment to be served on such person by depositing such notice, first class postage prepaid, in the United States mail addressed to the person at the person's last known address, in addition to setting forth the amount of the second response fee. 9.23.100 Payment of service fee. Every service fee assessed upon a person responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a second response fee to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee. In addition, in the event of the failure of a person assessed a second response fee to pay such fee when due, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid. 9.23.110 Small Claims Enforcement. The City or its agent may enforce the assessment of the service fee by filing an action for the collection of money in the small claims court of the County of Kern. The City or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and garnishment of wages. SECTION 2. This Ordinance shall be posted in accordance with the provisions Of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... oo0oo .......... 4 ORIGfN~L I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on .&pl~ ! & ?004 , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED: APR 1 A 2004 CITY CLERK and EX OFFICl(~'jof the Council of the City of Bakersfi~d By:. ,~ CITY OF BAKERSFIELD~' APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: "ATL-LE N H Deputy City Attorney AMS:al,~fsc s:\c o U NC IL/Ord s\g.23NoiseAssessSecond ResponseCosts.doc 5 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 16th day of April , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4183, passed by the Bakersfield City Council at a meeting held on the 14th day of April, 2004 and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ASSESSMENT OF SECOND RESPONSE COSTS FOR LOUD OR UNRULY EVENTS. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield By:~.-~c,, D~PUTY City Clerk 0RIGJNAL