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CITY OF SAN BERN~INO - REQUEST F. COUNCIL ACTION
fr.
De'"
Daniel A. Robbins
Chief of Police
Police
Subject: Fees for Extraordi nary
Law Enforcement Services
Date: January 29, 1991
Synopsis of Previous Council action:
Le9islative Review Committee approval on December 13, 1990.
I.
Recommended motion:
e
That further reading of the ordinance be waived and it be laid
over for final adoption.
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/ Slgnatu re
Contectperson: Daniel A. Robbins, Chief of Police
Phone:
384-5607
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
_il Notes:
75-0262
Agenda Item No. 3S"
CITY OF SAN BERNaDINO - REQUEST Fat COUNCIL ACTION
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STAFF REPORT
PROBLEM
There is currently no provision for charging fees to persons in charge of
or responsible for police response that generates extraordinary cost to the
City (over and above the cost of providing normal law enforcement services
and police protection).
RECOMMENDATIONS
I recommend the City adopt the Extraordinary Law Enforcement Services
Ordinance which will allow for the charging of service fees on a
"user-pays" principle whenever an event or action generates extraordinary
cost to the City. The fees should be charged at rates equal to the cost of
providing such services.
This procedure would benefit the City in three ways:
1. It would leave patrol officers available to handle matters of public
safety in a more time and cost-efficient manner through the elimination
of repeat calls for service.
2. It would discourage and minimize the frequency of return or repeat
calls for service to a specific location.
e 3. It would increase revenue.
FINDINGS
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Many cities in California have char~ed fees for reimbursement of costs for
extraordinary law enforcement serVlces for years. An opinion from the
Legislative Counsel of California indicates the following:
"Section 7 of Article XI of the California Constitution
provides that:
'A county or city may make and enforce within its limits
all local, pol ice, sanitary, and other ordinances .and
regulations not in conflict with general laws.'"
It further states ". . . if the ordinance bears a reasonabl e and
substantial relation to the object sought t~ be attained, it would
constitute a proper exercise of the police power.
In order to minimize the frequency of return calls to loud
disturbing parties which are a threat to the public peace, health,
safety or general welfare, the ordinance provides for fees to be
charged if a second police response is necessary. This is to
di scourage these di sturbances after a warni ng is issued to the
responsible persons. The provisions of the ordinance appear to
bear a reasonable and substant i a 1 re lat i on to its object. Thus,
we think the ordinance constitutes a proper exercise of the police
power of the city."
This opinion pertains to an ordinance proposed by the City of Roseville, CA
for use of pol ice officers at large parties or gatherings requiring a
second response.
75_0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.82
TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING CHARGES FOR
EXTRAORDINARY LAW ENFORCEMENT SERVICES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 8.82 is added to the San Bernardino
Municipal Code to read as follows:
"CHAPTER 8.82
ESTABLISHMENT OF EXTRAORDINARY LAW ENFORCEMENT SERVICES
8.82.010. Purpose.
It is the intent of the City Council,
by the adoption of this Chapter, to impose on and collect from
the person(s) in charge of or responsible for an event that
generates extraordinary cost to the City over and above the cost
of providing normal law enforcement services and police
protection city-wide. The event for which charges are imposed
are those voluntarily elected by the person(s) responsible for
the services, or his or her parent, guardian or the person having
custody of a minor.
The purpose of this chapter is to recover
the actual cost to the City incurred by providing these police
services. The City Council believes it is necessary that persons
VOluntarily incurring special and extraordinary police services
pay to the City the reasonable cost of providing such services.
8.82.020 Definitions.
A. Event is a gathering of two or more persons
on a premises within the City at the
invitation, request or consent of the
person in charge or control of the
premises.
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B.
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C.
Scheduled Event is an event where the
person scheduling the same has determined
that because of its nature extraordinary
police services will be necessary over and
above that normally provided by the City
for the protection of the public health,
safety and welfare. An event is scheduled
when written notice thereof setting forth
the time, place, and nature of the event
has been filed with the Chief of police.
Unscheduled Event is one requiring
extraordinary police services over and
above those normally provided for the
protection of the publiC health, safety and
welfare and which has occurred without
advance notice to the City. Unscheduled
events include, but are not limited to,
loud and boisterous conduct, noises and
activities, disturbing the peace, a
congregation of two or more persons in
intoxicated conditions or under the
influence of drugs or alcohol, fighting,
use of obscene or inflammatory language,
loud music constituting a nuisance or
disturbing the peace, activities causing
excessive pedestrian or vehicular traffic
and parking problems and congestion,
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D.
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E.
vehicular racing and cruising, events
occurring after 11:00 p.m. to 6 a.m. of the
following day, use and display of
narcotics, illegal drugs and controlled
substances and paraphernalia for its use,
the congregation of two or more persons
using illegal drugs, narcotics or
controlled substances, or congregating in a
noisy or rowdy crowd, indecent exposure and
lewd conduct.
Extraordinary Law Enforcement Services are
those necessarily and reasonably incurred
by the City in the protection of the
public's health, safety and welfare and in
the protection of property which said
services are in addition to police services
the City would normally provide without a
special charge and which have arisen
because of activities or events.
Person in Charge is the owner, manager, or
occupant in charge of or in control of the
premises at which an event is occurring.
If the person in charge is a minor, his or
her parents or legal guardian is presumed
to be the person in charge.
Premises is a building and surroundings or
any open area within the City.
F.
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G. Nuisance includes both public and private
nuisances defined in the Civil Code of the
State of California.
8.82.030 Reimbursement of Costs for Scheduled Events. Any
person planning a scheduled event where extraordinary law
enforcement services may be required, shall register the event in
advance with the Chief of Police at least five (5) working days
before the occurrence of the event. The registration shall be in
writing and shall include the following information:
A. The name, address and phone number of the
person in charge and who will be available
at all times during the event.
B. The place and time the event will occur.
C. The nature of the event and the number of
requested police officers or other law
enforcement services.
8.82.040 Extraordinary Fees. The Chief of Police shall
review the registration and set forth the conditions necessary
for providing police protection during said event. If the Chief
of Police determines that the police services necessary are
extraordinary, he or his designate shall determine the cost of
said extraordinary services and advise the person planning the
event prior to the commencement of said event of the nature and
extent of law enforcement services to be provided and the cost
thereof. Upon receipt of said written notification, the person
in charge of said event may:
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A.
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B.
Accept said charges and pay the same in
advance of the event. In such an event,
said person shall not be charged for any
extraordinary law enforcement services in
excess of the amount paid even though the
actual cost of said services exceed the
amount paid.
Decide to schedule the event but contest
the cost of providing the extraordinary
services. In that event, the actual cost
of providing law enforcement services to
the extraordinary event shall be determined
upon its completion and a bill sent to the
person in charge.
Elect to provide private security for the
event in the manner directed by the Chief
of pOlice to include the number of security
officers and qualifications/capabilities of
the security officers.
Elect not to schedule the event and notify
the Chief of pOlice or appropriate Area
Commander in person or by mail, no later
than twenty-four (24) hours prior to the
scheduled event.
C.
D.
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8.82.050 Unscheduled Events.
A. If an unscheduled event occurs and the law enforcement
officer investigating the matter determines that the same is a
threat to the public peace, health, safety or general welfare or
constitutes a nuisance, said officer may, in addition to any
other duty or responsibility imposed upon him by law, give
written warning notice to the person in charge of the premises
that if a second response is necessary because of a continuation
of any objectionable activity that the person in charge will be
held liable to the City of San Bernardino for the cost of all
subsequent law enforcement services necessary to abate the
disturbance or other activity giving rise to law enforcement
services over and above the normal services expended in
connection with the first call..
B. The personnel and equipment of the law enforcement
agency utilized after the first warning to control or abate the
nuisance or to protect the public peace, health, safety or
general welfare shall be deemed to be extraordinary law
enforcement services over and above the normal services provided
city-wide and the cost of said extraordinary law enforcement
services, including damage to city or law enforcement property,
shall be billed to and is the legal responsibility of the person
in charge.
8.82.060 Appeal. Any individual aggrieved by the
decision of the Chief of pOlice may, within five (5) working days
of the receipt of said written bill, request a review of the
matter before the City Administrator who shall, along with a
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representative of the law enforcement agency, review the
necessity of the services and the cost thereof with the
individual appealing the determination of said costs. The City
Administrator may in his/her discretion determine that the cost
of said charges in all fairness and the administration of justice
should be reduced or terminated based upon reasonable evidence
warranting the same. Any individual aggrieved by the decision of
the City Administrator may appeal that decision in writing to the
City Council by written notice filed with the City Clerk within
five (5) working days of the decision of the City Administrator.
Unless appealed, the decision of the City Administrator is final.
In the event of non-payment, the City Attorney is authorized and
directed to bring all necessary legal actions to collect the
costs of said services.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a meeting thereof, held on
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER B.B2
TO THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING CHARGES FOR
EXTRAORDINARY LAW ENFORCEMENT SERVICES.
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the
day of
wit:
Council Members:
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
, 1991, by the following vote, to
NAYS
ABSTAIN
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1991.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
t U
Ii 1- .f~
Bo~
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W. R. Holcomb, Mayor
City of San Bernardino
B