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193 ORDINANCE NO. 193 AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE GRAND TERRACE MUNICIPAL CODE BY ADDING PROCEDURES FOR THE COST RECOVERY OF LAW ENFORCEMENT AND MUNICIPAL SERVICES AT LARGE PARTIES, GATHERINGS, EVENTS OR LOUD AND UNRULY ASSEMBLAGES ON PRIVATE PROPERTY. WHEREAS, the increasing demands on public services have required agencies to begin implementing programs which shift costs for events held on private properties from that of the general public to the private property owners and persons responsible for generating events; and WHEREAS, there arises, on occasion, large parties, gatherings, events or loud and unruly assemblages which require law enforcement and municipal services to be dispatched to control disruptions to the public peace,health, safety or general welfare; and WHEREAS, these types of dispatches represent special services requiring additional personnel and/or services than would normally be provided; and WHEREAS, the responsibility for paying for such special services should be born by the persons responsible for the occurrence and not the general public; and WHEREAS, several other jurisdictions have adopted procedures for the cost recovery of those special services which have been provided for controlling the disturbance and restoring the public peace,health safety and general welfare at the location of the disturbance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1: A new Chapter 8.34- Offenses against Public Peace and Decency is added to read as follows: Section 8.34.010 Purpose: The purpose of this Chapter is to establish a procedure for the cost recovery of the costs incurred for special security assignment and municipal services at large parties, gatherings, events or loud and unruly assemblages which require law enforcement and municipal services to be dispatched to control disruptions to the public peace, health, safety or general welfare. Section 8.34.020 Definitions: For the purposes of this chapter,the following definitions shall apply: "Large party, gathering, event or unruly assemblages" means a group of persons who have assembled or are assembling for a social occasion or for a social activity. "Owner"means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the private property. partment 2 Initial Study and Environmental Analysis ailable for public water ? () supplies? A brief cxplanatioa to answer IV: I The project. Wildlife dispersal or migration corridors? (GP MEA/EIR 11-20) ❑ ❑ ❑ Community and Economic Development Department 9 Initial Study and Environmental Analysis space areas. 4. That Open Space be provided to bring about the enhancement of community identity. 9. Surrounding Land Uses and Settings: Nortb::N/A South: N/A • East: N/A West: N/A Community and Economic Development Department 3 Initial Study and Environmental Analysis "and to"Celebrate nature..." 3. Ciry Center- The General Plan Task Force made several recommendations calling for the creation of a city center with a public plaza/open space area. Also, included in these recommendations were extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's residents to: "Promote community participation...to ensure a sense of belonging and community growth." The proposed public plaza as part of the City's open space will reflect this principle by supporting the promotion of community participation. 4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized recreation utilizing open space areas in the City. The General Plan Task Force made several recommendations to reinforce the City's already strong family and children orientation. These recommendations included several measures which relate to open space and are: 1)continue augmenting our park and recreation facilities;2)continue expanding opportunities for children and teenagers for wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand ' .` • C : __ ,i ‘ • i 1 \ 1 ? : / I 1 II, • i : / )) '...::' -.,: ..;) ic'—' ,..,-..„• ; •-•••• 1 'i —i (•• 075 c D ., r ,.. • .. .\.. ,.... .... .., . • . 1. ,‘ . . ...... / q ,I / , .(1‘1.0..1(j ,i; . 4COA"s• •'• ` .7'. ii ..•i.. ' ,-,,:-, .5-, , - • -,_....... . -7,_. ,,,.. .,,,\ ., , „.. ,., ..., .• , . __ ,..: ... 7 • , t.---,\;\, \••sz :.-_ '-.• •-.-%:,---.-- • • .-- ""•=?..-- • '. ;: /..•••;,1. I 1?/ (-__/-\1‘,.. •••• •••• i , z-,-.._-__1.7._„54:'• ,25._--,_`-_-_-_L•! / \ V • :( 0/-- ! ) 1/4. 12‘ \- - -: *%•• : i; ---/503' & - s• ----...:,-1".:---. ..„_.••-.--,_, ‘ ..----;-•-_,.: ,-7-- -- --- - -.;,..- 1 • i ii' •‘‘•C:20 e--r• • *=.=••-.7.':•'"?.."-\ :-.- "Zz---'f•f*----:•-•'',-14.;"'-'• ---,'1:- 1 . ,• ••• A,,sz„,.../,........ .,,„,\•...„......„-,...1,:.,..1 ,.; :j' :-:_,--• ::,,...,_.•_/_,)--- cIZAV. ..:*'•%.,.., 1 ',',.`.‘,A %;1_,..„1-07,.{...;:=&_._ -•••••••‘..-.: Arj. .• ‘..-.2-Z.;, -.." r"-_!;,,,-/- - • \- • ' ‘‘'., ---' \‘. _- -...\\, .._ ..„,.. ,,.., , 7,-- 7/- -:---.A_ 1 s• s ' - -------- .._.:.,e,-- :_------ 'z-----=-1--.-: .--. ; \\ ---:_.---:-: -y A' - _ - - . , i . - \_ .:__--:-:,•- N----•;.'.-,s, -- .2--'.-':7-1, --*-- ,. _____/,' ...,-. .s ••-: . MEMMIF, •••• 4971t97 07 DEVE40 *Fir "Person responsible for the event" means the owner of the property where the large party, gathering or event takes place, the person(s) in charge of the premises and/or the person(s) who organized the event. If the person responsible for the event is a minor, then the parents or guardians of the minor will be jointly and severally liable for the fines imposed for the special security assignment. "Premises" are private properties which are utilized for business, industrial, public and/or residential uses. "Special security assignment" means the assignment of law enforcement and municipal personnel in response to calls after the distribution of a written warning that a large party, gathering or events violates the law. Section 8.34.030 Fees for the use of sheriff or municipal personnel at large parties, gatherings, events or loud and unruly assemblages When any large parties, gatherings, events or loud and unruly assemblages occurs or is held, and it is determined that there is a disruption to the public peace, health, safety or general welfare, the person in charge of the premises and/or the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of the minor, will be held jointly and severally liable for the cost of providing law enforcement and municipal personnel for special security assignment over and above the services normally provided by the City. The law enforcement and municipal personnel utilized at the site during a second response after a first warning is issued to control the disturbance to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include costs of personnel, equipment, contractual costs, damages to City property and/or injuries to City or Sheriff personnel. The charges assessed will be the actual cost of service for controlling the disturbance and restoring the public peace, health, safety or general welfare at the location of the disturbance which is consistent with the current rate being charged to the City by the Sheriffs Department and the hourly and equipment costs incurred by the City. In addition, charges for damage to public property shall be determined by an official written estimate from the Department of Public Works for the City of Grand Terrace. The City reserves its legal option to elect any other legal remedies when deemed necessary. When a second response to a loud or unruly assemblage by Sheriff personnel is necessary,the Sheriffs Department is to provide the City with a copy of the first and second response notice issued at the disturbance with all applicable information completed. This information must include the number and type of Sheriff units used to control the disturbance. The City will, when approved for implementation, bill the responsible party or parties, for costs of providing the special security assignment, plus an additional twenty-five percent(25%) of the actual costs for administrative overhead to process the bill and collect the charges. Failure to pay the charge, as billed by the City, shall be deemed a violation of this article. e creation of a city center with a public plaza/open space area. Also, included in these recommendations were extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's residents to: "Promote community participation...to ensure a sense of belonging and community growth." The proposed public plaza as part of the City's open space will reflect this principle by supporting the promotion of community participation. 4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized recreation utilizing open space areas in the City. The General Plan Task Force made several recommendations to reinforce the City's already strong family and children orientation. These recommendations included several measures which relate to open space and are: 1)continue augmenting our park and recreation facilities;2)continue expanding opportunities for children and teenagers for wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand ' .` • C : __ ,i ‘ • i 1 \ 1 ? : / I 1 II, • i : / )) '...::' -.,: ..;) ic'—' ,..,-..„• ; •-•••• 1 'i —i (•• 075 c D ., r ,.. • .. .\.. ,.... .... .., . • . 1. ,‘ . . ...... / q ,I / , .(1‘1.0..1(j ,i; . 4COA"s• •'• ` .7'. ii ..•i.. ' ,-,,:-, .5-, , - • -,_....... . -7,_. ,,,.. .,,,\ ., , „.. ,., ..., .• , . __ ,..: ... 7 • , t.---,\;\, \••sz :.-_ '-.• •-.-%:,---.-- • • .-- ""•=?..-- • '. ;: /..•••;,1. I 1?/ (-__/-\1‘,.. •••• •••• i , z-,-.._-__1.7._„54:'• ,25._--,_`-_-_-_L•! / \ V • :( 0/-- ! ) 1/4. 12‘ \- - -: *%•• : i; ---/503' & - s• ----...:,-1".:---. ..„_.••-.--,_, ‘ ..----;-•-_,.: ,-7-- -- --- - -.;,..- 1 • i ii' •‘‘•C:20 e--r• • *=.=••-.7.':•'"?.."-\ :-.- "Zz---'f•f*----:•-•'',-14.;"'-'• ---,'1:- 1 . ,• ••• A,,sz„,.../,........ .,,„,\•...„......„-,...1,:.,..1 ,.; :j' :-:_,--• ::,,...,_.•_/_,)--- cIZAV. ..:*'•%.,.., 1 ',',.`.‘,A %;1_,..„1-07,.{...;:=&_._ -•••••••‘..-.: Arj. .• ‘..-.2-Z.;, -.." r"-_!;,,,-/- - • \- • ' ‘‘'., ---' \‘. _- -...\\, .._ ..„,.. ,,.., , 7,-- 7/- -:---.A_ 1 s• s ' - -------- .._.:.,e,-- :_------ 'z-----=-1--.-: .--. ; \\ ---:_.---:-: -y A' - _ - - . , i . - \_ .:__--:-:,•- N----•;.'.-,s, -- .2--'.-':7-1, --*-- ,. _____/,' ...,-. .s ••-: . MEMMIF, •••• 4971t97 07 DEVE40 *Fir Section 8.34.040 Procedures for Imposition of Fees. Fees for special security assignments as authorized by Section 8.34.030 shall be imposed, in the manner provided in this section. A. For all violations of Section 8.34.030 where substantial evidence in support of a violation exists, and a special security assignment occurs,the Finance Director shall issue written notice of fees imposed in accordance with contractual and service related costs as adopted by the City Council. The written notice shall be served on the person responsible for the party and the owner, if different. The notice shall specify the facts which, in the opinion of the Finance Director, constitute substantial evidence to establish grounds for imposition of the fines, and specify that the fines are effective thirty (30) days from the date the notice is given unless an appeal is filed in writing before the fine becomes effective. B. If the person responsible for the event appeals the fine within the time specified in subsection(A),the City Clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail, of the date,time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen(15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the City Clerk. The City Manager may preside over the hearing or may designate a Hearing Officer to take evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence. The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final. Section 2: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 3: Posting: The City Clerk shall cause this Ordinance to be posted in three (3)public places within fifteen(15) days of its adoption, as designated for such purpose by the city Council. Section 4: First read at a regular meeting of the City Council of said city held on the 11th day of May 2000 and finally adopted and ordered posted at a regular meeting of said City Council on the 25th of May 2000. ATTEST: /27,. (o/ 4jj City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and and of the City Council thereof. of the City Council thereof. th all applicable information completed. This information must include the number and type of Sheriff units used to control the disturbance. The City will, when approved for implementation, bill the responsible party or parties, for costs of providing the special security assignment, plus an additional twenty-five percent(25%) of the actual costs for administrative overhead to process the bill and collect the charges. Failure to pay the charge, as billed by the City, shall be deemed a violation of this article. e creation of a city center with a public plaza/open space area. Also, included in these recommendations were extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's residents to: "Promote community participation...to ensure a sense of belonging and community growth." The proposed public plaza as part of the City's open space will reflect this principle by supporting the promotion of community participation. 4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized recreation utilizing open space areas in the City. The General Plan Task Force made several recommendations to reinforce the City's already strong family and children orientation. These recommendations included several measures which relate to open space and are: 1)continue augmenting our park and recreation facilities;2)continue expanding opportunities for children and teenagers for wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand ' .` • C : __ ,i ‘ • i 1 \ 1 ? : / I 1 II, • i : / )) '...::' -.,: ..;) ic'—' ,..,-..„• ; •-•••• 1 'i —i (•• 075 c D ., r ,.. • .. .\.. ,.... .... .., . • . 1. ,‘ . . ...... / q ,I / , .(1‘1.0..1(j ,i; . 4COA"s• •'• ` .7'. ii ..•i.. ' ,-,,:-, .5-, , - • -,_....... . -7,_. ,,,.. .,,,\ ., , „.. ,., ..., .• , . __ ,..: ... 7 • , t.---,\;\, \••sz :.-_ '-.• •-.-%:,---.-- • • .-- ""•=?..-- • '. ;: /..•••;,1. I 1?/ (-__/-\1‘,.. •••• •••• i , z-,-.._-__1.7._„54:'• ,25._--,_`-_-_-_L•! / \ V • :( 0/-- ! ) 1/4. 12‘ \- - -: *%•• : i; ---/503' & - s• ----...:,-1".:---. ..„_.••-.--,_, ‘ ..----;-•-_,.: ,-7-- -- --- - -.;,..- 1 • i ii' •‘‘•C:20 e--r• • *=.=••-.7.':•'"?.."-\ :-.- "Zz---'f•f*----:•-•'',-14.;"'-'• ---,'1:- 1 . ,• ••• A,,sz„,.../,........ .,,„,\•...„......„-,...1,:.,..1 ,.; :j' :-:_,--• ::,,...,_.•_/_,)--- cIZAV. ..:*'•%.,.., 1 ',',.`.‘,A %;1_,..„1-07,.{...;:=&_._ -•••••••‘..-.: Arj. .• ‘..-.2-Z.;, -.." r"-_!;,,,-/- - • \- • ' ‘‘'., ---' \‘. _- -...\\, .._ ..„,.. ,,.., , 7,-- 7/- -:---.A_ 1 s• s ' - -------- .._.:.,e,-- :_------ 'z-----=-1--.-: .--. ; \\ ---:_.---:-: -y A' - _ - - . , i . - \_ .:__--:-:,•- N----•;.'.-,s, -- .2--'.-':7-1, --*-- ,. _____/,' ...,-. .s ••-: . MEMMIF, •••• 4971t97 07 DEVE40 *Fir I, BRENDA STANFILL, CITY CLERK OF THE City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of City council of the city of Grand Terrace held on the 25th day of �ia000, by the following vote: AYES: Conncilmembers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan and Mayor Matteson NOES: None ABSENT: None ABSTAIN: None 6461.(2/6 City Clerk Brenda Stanfill Approved as to form: - JC6-1 City Attorney John Harper l.App.3d 1337(1990) c:\wp61\..\planning\john\air\e9911.i.s Community and Economic Development Department 18 Initial Study and Environmental Analysis c:\office\wpwin\wpdocs\planning\j ohn\admincup\z9902.ord 5 • (909) 824-6621 lley Model. 10/96.