(A) When any loud or unruly assemblage occurs or is held, and the city's police officers are required to respond to the scene in response to citizen complaints and the first responding police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, police action may be taken, criminal penalties may be imposed, and city costs collected as provided in this section.
(B) Upon the first responding police officer's determination that the assemblage constitutes a threat to the public peace, health, safety or general welfare, then that first responding police officer, or his or her successor or designee, shall do the following:
(1) Notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, of the following:
(a) Of the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare;
(b) That if such person or persons fail or are unable to mitigate, and the Police Department is required to respond a second time, the circumstances of the assemblage constituting a threat to the public peace, health, safety or general welfare such that the threat no longer exists, the Police Department shall have the right to enter the property and any structures or premise thereon and order all individuals participating in the assemblage to exit the property and disperse from the area;
(c) That such person or persons, or in the case of a minor, the parents and/or guardians of the minor, will be held personally liable for all costs in providing additional police personnel on special security assignment over and above the normal services provided by the Police Department in response to the assemblage, including all costs required to enter the property and disburse individuals participating in the assemblage;
(2) If, after a reasonable time following the second notice given according to the provisions of division (B), the supervisor at the scene determines that the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare have not been mitigated, or that additional circumstances have arisen which constitute an additional threat to public peace, health, safety or general welfare, that supervisor may direct any subordinate police officer or officers to do the following:
(a) To notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, that the assemblage will be terminated for failure to mitigate the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare;
(b) To enter the property, and any and all structures and premises thereon, on which the assemblage is occurring and order all individuals participating in the assemblage to exit the property and disperse from the area;
(c) To direct, supervise, assist, escort, and manage individuals exiting the property such that their exit proceeds as quickly and safely as is reasonably possible under the circumstances;
(d) To order all individuals participating in the assemblage to disperse from the area following their exit from the property, and to direct, supervise, assist, and manage said dispersal from the area such that their dispersal proceeds as quickly and safely as is reasonably possible under the circumstances;
(3) If any senior police officer at the scene determines that the assemblage constitutes an imminent threat to the physical safety of individuals or property, the senior police officer shall forgo the provisions for giving notice provided in division (B)(1), and shall immediately take action to prevent the threat pursuant to the provisions of division (B)(2).
(C) All police personnel necessarily utilized to control the threat to the public peace, health, safety or general welfare pursuant to division (B) shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property where the assemblage occurs, and/or the person responsible for the assemblage, shall be personally responsible for the cost of the special security assignment according to the following terms:
(1) Any cost of special security assignment levied pursuant to this subdivision shall be determined upon a cost accounting basis by the city, and shall include the cost damage to city property and/or injury to city personnel, all costs relating to police personnel actions to disperse individuals from the assemblage area pursuant to division (B)(2), and any other costs incurred;
(2) All costs levied by this subdivision shall be due and payable upon presentation, constitute a valid and subsisting debt in favor of the city, and may be collected by the city by any legal means, including filing a cause of action for collection in any court of competent jurisdiction;
(3) Any party aggrieved by a levy of costs pursuant to this section may appeal the matter to the City Council in accordance with the provisions of § 30.04.
(D) Any individual who obstructs police actions taken pursuant to division (B)(2) shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law.
(E) Any individual who fails or refuses to comply with a police officer's order to exit property where the assemblage exists, or who fails or refuses to comply with a police officer's order to disburse from an assemblage area, shall be guilty of a misdemeanor punishable by fine of up to $1,000, imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law.
(Ord. 1114, passed 5-1-96; Am. Ord. 1196, passed 11-6-02)