HomeMy WebLinkAbout1369 - ORDINANCES - 2/20/1991 ORDINANCE NO. 1369
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.30 OF THE PALM SPRINGS MUNICIPAL CODE
AUTHORIZING THE IMPOSITION OF A PUBLIC SERVICE FEE
FOR POLICE SERVICES NECESSITATED BY A SECOND
RESPONSE TO A LARGE PARTY, GATHERING OR EVENT
WHEREAS, the purpose of this Ordinance is to prevent the continuance
of large parties, gatherings or events on hotel or other, private property that
are determined to be a threat to the peace, health, safety or general welfare
of the public.
WHEREAS, the City of Palm Springs is a tourist resort which relies on
nightly, weekly and monthly rentals.
WHEREAS, the influx of tourists results in many large parties, gatherings
or events.
WHEREAS, these large parties, gatherings or events often pose a threat
to the peace, health, safety and general welfare of the public.
WHEREAS, frequently police officers have been required to make return
calls to the location of a party, gathering or event in order to disperse
uncooperative participants.
WHEREAS, the return of police officers to a location constitutes a drain
of manpower and resources often leaving other areas of the city without police
protection.
WHEREAS, the above conditions create a significant hazard to the peace
and safety of the community, the police officers and the public in general .
NOW, THEREFORE, The City Council of the City of Palm Springs does ordain
as follows:
Section 1. Chapter 3.30.010 of the Palm Springs Municipal Code is
hereby amended as follows:
3.30.010 Short Title. This chapter shall be known as the Police
Fee Ordinance.
Section 2. Chapter 3.30 of the Palm Springs Municipal Code is hereby
amended by adding Sections 3.30.100 through 3.30.120, inclusive, said sections
to read as follows:
3.30.100 Police Services at Parties, Gatherings or Events
Requiring a Second Response.
(a) When a large party, gathering or event occurs on hotel or
other private property and a police officer at the scene determines
that there is threat to the public peace, health, safety or general
welfare, the person(s) responsible for the event will be held liable
for the costs of providing police services for the special security
assignment during a second response by police, after a first written
warning, to control the threat to the public peace, health, safety or
general welfare. The return or second call may also result in the arrest
and/or citation of violators of the state penal code or other local
ordinances.
(b) For the purposes of Section 3.30.110, the following definitions
shall apply:
(1) LARGE PARTY, GATHERING or EVENT -is a group of persons
who have assembled or are assembling for a social occasion or for
a social activity.
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(2) POLICE SERVICES include the salaries of the police officers
for the amount of time actually spent in responding to or in
remaining at the party, gathering or event at a rate established
by resolution of the City Council , the actual cost of any medical
treatment to injured officers, and the cost of repairing any damage
to City equipment or property.
(3) PERSON RESPONSIBLE FOR EVENT is the person who owns the
property where the party, gathering or event takes place, the person
in charge of the premises, and/or the person who organized the
event. If the person responsible for the event is a minor, then
the parents or guardians of that minor will be jointly and severally
liable for the costs incurred for police services.
(4) SPECIAL SECURITY ASSIGNMENT is the assignment of police
officers and services during a second call to a location after
the distribution of a written warning that the party, gathering
or event violates the law.
3.30.110 Police Services Fee. The police services fee, assessed
pursuant to Section 3.30.100, shall include the cost of personnel and
equipment but shall not exceed Five Hundred Dollars ($500.00) for a
single incident.
The City does not hereby waive its right to seek reimbursement for actual
costs exceeding Five Hundred Dollars ($500.00) through other legal
remedies or procedures.
The amount of such fees charged shall be deemed a debt to the city of
Palm Springs of the person or persons receiving such services and, if
minors, their parents or guardians. Any person owing money shall be
liable in any action brought in the name of the City for the recovery
of such amount, including reasonable attorney fees.
3.30.120 Confidentiality. Information furnished and secured
pursuant to this Chapter shall be confidential in character and shall
not be subject to public inspection and shall be kept so that the contents
thereof shall not be known except to persons charged with the
administration of this Chapter.
Section 3. Section 3.30.040 of the Palm Springs Municipal Code is
hereby appealed in its entirety.
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 20th day of February 1991.
AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS.
By:
City le �k/ Mayor '
REVIEWED & APPROVED: XZ—
I HEREBY CERTIFY THAT t1it foregoing Ordinance 1369 was duly adopted by t e City Council ,
of the City of Palm Springs, California, in a meeting held on the 20th day of February,
1991, and that same was duly published in the DESERT SUN, ,a newspaper of general circulati
{3f43tpoll�fd�l4pGl®(lli��@�I on February 13 & 27, 1991. 1
JUDITH SUfIICH
City Clerk