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Ordinance - 1787ORDINANCE NO. 1787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING A CHARGE FOR USE OF POLICE PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES •THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 15-86 - 15-90 of Article IV of Chapter 15 of the West Covina Municipal Code are hereby added as follows: Section 15-86. Notice of personal liability for cost of special security assignment. (a) When any loud or unruly assemblages occurs or is held, and the City's law enforcement agency is required to respond to the scene in response to citizen complaints, and the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that senior officer shall notify the owner of the premises or the person in charge of the premises or the person responsible for the assemblage that that person, or if that person is a minor, that the parents and guardians of that person will be held personally liable for the costs of providing police personnel on special security assignment over and above the normal services provided by the police department to those premises. (b) Said person or persons shall be given a first warning, in the form of notification by police officer .that the police response shall be deemed to be the normal police services provided. (c) The police personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided. (d) The accounting and billing procedures as set forth in Section 2 below shall apply. Section 15-87. Fees and costs for special security assignments. (a) The costs of the special security assignment described in Section 1 shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. Fees and costs shall be established by resolution of the City Council, and shall not exceed the reasonable cost of providing such services. In addition, such costs may include damages to City property and/or injuries to City personnel. (b) All fees and charges levied for City services described in Section i shall be due and payable upon presentation. (c) All fees and charges for such services shall constitute a valid and subsisting debt in favor of the City and against the person to whom such services are rendered, and an immediate cause of action shall accrue to the City for collection thereof in any court of competent jurisdiction. Section 15-88. Remedies. Collection pursuant to this Division is not intended to be the exclusive remedy, either criminal or civil, available to the City relating to the circumstances which gave rise to the need for police response under this Division. Section 15-89. Notice and hearing to determine reasonableness of charge. (a) The person or persons charged pursuant to this Division shall have five (5) days after service of the bill to file a written request with the Chief of Police for a hearing to determine the reasonableness of the charge. • (b) Upon receipt of such a request, the Chief of Police or his/her duly authorized representative shall give to the requesting party or parties not less than seven (7) days written notice of the time and place of the hearing to determine the reasonableness of the fees and charges. (c) The hearing shall be conducted by the Chief of Police or his or her duly authorized representative, who shall act as the hearing officer. At authorized representative shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Chief of Police or his or her duly authorized representative shall determine the reasonableness of the fees and charges imposed. (d) The decision of the Chief of Police or his or her duly authorized representative shall be final and conclusive in the absence of an appeal as provided in this Division. (e) The Chief of Police or his or her duly authorized representative shall, within five (5) working days of his or her decision, give written notice of the decision to the person or persons who requested the hearing and to any other person requesting such notice. Section 15-90. Appeal Process (a) The person or persons charged shall have the right of appeal to the City Council. (b) The appeal shall be filed with the City Clerk within five (5) working days following receipt of notice of the decision of the Chief of Police. The appeal shall be in writing and shall state the grounds for the appeal. (c) The City Clerk shall set the matter for a de novo hearing before the Council at a date and time not less than ten (10) nor more than thirty (30) days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary. (d) The Council may, by resolution, establish a fee for the processing of an appeal. (e) At the time and place set for such hearing, the City Council shall review the decision of the Chief of Police or his or her duly authorized representative and shall afford the appellant a reasonable opportunity to be heard in connection therewith. (f) The Council shall, by resolution, establish rules of procedure for the conduct of hearing appeals. (g) A copy of the Council's order shall be mailed to the 19 appellant, and to any other person requesting the same, by the City Clerk within five (5) working days after the adoption thereof. The Council's decision shall be final and conclusive. - 2 - • a SECTION 2. If any section, subsection, sentence, phrase, portion or part of this Ordinance is for any reason held to be invalid or unconstitutional by 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 intends and desires that the remaining parts of the Ordinance continue to be effective without any parts that have been declared invalid. SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED AND APPROVED THIS loth DAY OF OCTOBER, 1988 M y r ancy Manners ATTEST: ICJ City Clerk Jan erry STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1787 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day 26th of September, 1988. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the loth day of October, 1988, by the following vote, to wit: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: APPROVED AS TO FORM: Tarozzi, McFadden, Lewis, Bacon, Manners None None • a,�i eeZ-G�. ass Y� City Attorney i y Clerk - 3 - • CERTIFICATION I, JANET BERRY, City Clerk of the City .of West ,Covina, State of California, do hereby certify that. a true and accurate copy of Ordinance No. % S 7 _ was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED : dZ-')- f6 Janet Berry ity Clerk City of West Covina, California