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HomeMy WebLinkAbout1348 - ORDINANCES - 4/4/1990 ORDINANCE NO. 1348 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ASSESSING AND PROVIDING FOR COLLECTION OF A CIVIL CHARGE FOR THE COST OF POLICE AND OTHER EMERGENCY SERVICES DURING PERIODS OF LARGE ASSEMBLAGES OF PEOPLE IN THE CITY OF PALM SPRINGS AND DECLARING THE URGENCY THEREOF. The City Council of the City of Palm Springs, California does ordain as follows: SECTION 1. PURPOSE AND FINDINGS A. PURPOSE. This ordinance is intended to provide a means of transferring the cost of providing additional and extra- ordinary police and related services during the period known as "Spring Break" , and during other periods of large assemblages of people in the City of Palm Springs, from the general taxpayers of the city to the persons whose behavior gives rise to the need for such extraordinary police and related services. B. FINDINGS OF FACT. This ordinance is based upon the following facts, each of which is found by the City Council to be true, and to justify the measures provided in 'this ordinance: 1. Each year for more than twenty years, during the periods in which colleges and high schools are closed immediately preced- ing and following the Easter holiday, large numbers of people, primarily college or high school students and persons in the age groups typical of college and high school students, come to Palm Springs to participate in activities generally referred to as Spring Break. 2 . During the Spring Break period large crowds and assem- blages of people and vehicles gather in specific areas of the city, primarily the central business district, especially during the late afternoon and evening hours. On several occasions such gathering and concentration of people has led to boisterous, unruly, near-riot and riotous behavior of such crowds. 3 . By reason of such riotous occurrences in the past, and the danger presented thereby to the public peace, health, safety and welfare, it has been, and continues to be necessary and pru- dent to provide an extraordinary level of police patrol, jail and related services during the Spring Break period in order to pre- serve and protect the public peace, health, safety and welfare. 4 . Such level of police and related services far exceeds the capabilities of the normal and usual police and jail staff, and necessitates the expenditure of extraordinary sums for overtime pay for Palm Springs police personnel, contractual services and housing of personnel of other police agencies, and the feeding, equipping and training of large numbers of volunteer workers; all at a cost exceeding $300, 000 per year, over and above the cost of providing the usual and normal level of police services. 5. The general funds of the city, derived primarily from general taxes intended for the usual and normal expenses of city government, are appropriate for payment of the usual and normal levels of police and related services, but are unduly burdened by the costs of providing the extraordinary level of services found necessary during Spring Break and other periods of unusually large assemblages of people in the city. Ord. No. 1348 Page 2 6. This ordinance is intended to and will transfer a portion of the financial burden referred to above from the general tax- payers of the city to the persons whose behavior necessitates the added level of service and cost. 7 . The fees assessed or imposed by this ordinance are civil in nature, and are not intended or construed to be criminal. penalties or fines, nor to depend for their validity upon convic- tion or any finding in any criminal proceeding. SECTION 2 . Chapter 3 . 30 is hereby added to the Palm Springs Municipal Code to read as foll'.owso CHAPTER 3 . 30 FEES AND CHARGES FOR EXTRAORDINARY POLICE SERVICES 3 . 30. 010 Short Title. This ordinance shall be known as the Spring Break Police Fee Ordinance. 3 30 . 020 Imposition of charge_ There is hereby imposed upon each person described in Section 3 . 30 . 040 a fee for extraordinary police services, computed in accordance with Section 3 . 30. 050, rendered during the period or periods determined in accordance with Section 3 . 30. 030. 3 . 30. 030 Period during which fee imposed. The fees imposed by Section 3 . 30 . 020 shall apply only during those times when, by reason of large assemblage of people within the city, or by rea- son of other circumstances which create unusual demands upon police services, the usual and normal hours of work of police personnel , or the usual and normal levels of staffing of the Police Department- , or either of them, are insufficient to meet the demand for police services within the city. Such periods shall include, but not be limited to, the period each year begin- ning approximately 16 days prior, and. ending '7' days after, Easter Sunday, known generally as "Spring Break" . The City Manager is authorized to determine the existence of such circumstances, and to declare such fees to be in effect. Except for the Spring Break period, no such fees shall be imposed unless the City Man- ager has declared the existence of such conditions. During the Spring Break period, such fees shall be charged during the period commencing 16 days prior to Easter Sunday and ending 7 days after Easter Sunday, unless the City Manager shall declare some other or different period for the imposition of such fees. 3 30 . 040 Persons against whom charge imposed. The fee referred to in Section 3 . 30. 020 shall be imposed upon each of the follow- ing persons: (a) Each person booked or incarcerated at or in the Palm Springs City Jail or other detention facility. (b) Each person whose behavior provides probable cause for any peace officer to arrest such person for any criminal offense, and who is thereafter arrested based upon such probable cause. (c) Each person whose behavior provides probable cause for issu- ance by any peace officer of a citation, notice to appear, or other similar document alleging commission by such person of any infraction or misdemeanor, and to whom such citation, notice to appear or other similar document is in fact issued. Ord. No. 1348 Page 3 (d) Each person whose behavior provides probable cause for the making of a citizen's arrest, and who is thereafter subject to a citizen' s arrest and subsequently turned over to the custody of any peace officer. 3 . 30. 050 Computation of fee The fee described in Section 3 . 30. 020 shall be computed on the basis of actual cost to the city of the police activity, transportation, booking, incarcer- ation, feeding and processing of the person against whom the fee is charged. Such fee shall be computed in the same manner as other city fees and charges, and shall be included within the comprehensive fee schedule of the city. 3 . 30. 060 Civil nature of fee_ The fee described in Section 3 . 30. 020 shall constitute a debt owed to the city by the person against whom the fee is charged. Said fee is civil in nature, and shall not be construed to be a criminal penalty or fine. 3 . 30 . 070 Collection of fee. The Director of Finance shall have the duty to collect said fee, using such resources as are reason- ably available for that purpose. It shall be within the discre- tion of the Director of Finance to assign said fees to an agency or agencies other than 'the city for 'the purpose of collection if such action shall appear to be less costly than use of city per- sonnel for said purpose. 3 . 30. 080 Late charge upon late payment A fee imposed pursuant to Section 3 . 30. 020 and not paid within 30 days of the date upon which such fee was assessed shall be subject to a late charge of one percent (1%) per monde until said fee shall be paid. 3 . 30. 090 Collection costs and attorneVS fees If any such fee shall be assigned to an attorney or other agency for collection, the person owing such fee shall be subject to payment of reason- able collection costs and attorneys fees in addition to such fee and late charge. SECTION 3 . EFFECTIVE DATE-• URGENCY ORDINANCE w- FINDING, This Ordinance, being an urgency ordinance, shall take effect immediately upon its adoption by at least four-fifths vote of the City Council . The City Council finds that the adoption of this ordinance as an urgency measure is necessary for the immediate preservaton of the public peace, health or safety, and finds that the following as faacts constituting the urgency: Large numbers of persons on recess from various schools and universities have arrived and are arriving in the city, causing an extraordinary demand on personnel of the Police Department, and causing large amounts of extra expense; the fees imposed by this ordinance will assist in offsetting such extra expense, and could not be imposed during the time of such impact if this ordinance were adopted in the normal manner. Ord. No. 1348 Page 4 SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and -to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 4th day of April., 1990 . AYES : Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: � !(/ 11TY O/F/ PAL14 SPRINNrGS, CAJLIFORNIA 8� --Citty Clerk I /- Maydr" REVIEWED AND APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1348, was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date shown above, and published in the DESERT SUN, a newspaper of general circulation , printed and published in said City on March 16, and April 12, 1990. City Clerl: n