9.70.040 Person responsible for a loud or unruly event.

   For purposes of this chapter, a person shall be considered to be responsible for a loud or unruly event if:

   A.   Such person is entitled to possession of any private property on which the event occurs, because that person is either an owner entitled to possession of such property or is a lessee or tenant entitled to possession of the property;

   B.   Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or

   C.   Such person accepts responsibility for the event.

(Ord. 2086, Ord. 2331)

9.70.050 Civil liability for the costs of a second response to a loud or unruly event.

   Any person responsible for a loud or unruly event shall be civilly liable to the city for all costs incurred by the city arising out of a second response which is made by the city police or fire department to such an event where:

   A.   The city police or fire department initially responded to a loud or unruly event during the preceding 72 hour period;

   B.   At the time of making such initial response, personnel from the city police or fire department warned such person, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time to a loud or unruly event at the same location within 72 hours, such person would be assessed a second response fee as and for the city’s second response costs in the amount provided for by this chapter;

   C.   Following such initial response, the city police or fire department were required to respond a second time to a loud or unruly event at the same location, notwithstanding such written warning; and

   D.   A citation was issued to such person at the time of the second response because the event was being conducted in an unlawful manner and that person was subsequently convicted of the charges set forth in the citation.

(Ord. 2086, Ord. 2331)

9.70.060 Amount of second response costs.

   The amount of the costs incurred by the city as a result of a second response to a loud or unruly event shall be determined by the chief of police based on the number of police and fire department personnel participating in the second response, the time spent in making such response, and a schedule of police and fire department personnel costs adopted by resolution of the city council.

(Ord. 2086)

9.70.070 Warning issued at time of initial response.

   Where personnel from the city police or fire department responding to a loud or unruly event determine that the unlawful conduct occurring at such event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person as a result of the event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of or observed at the event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time to the same or a similar event within a 72 hour period, such person will be assessed a second response fee as and for the city’s second response costs in the amount provided for by this chapter, which fee shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second response. Any person issued a written warning in the manner provided for by this section shall sign the warning acknowledging receipt thereof.

(Ord. 2086, Ord. 2331)

9.70.080 Assessment of second response fee.

   Where the chief of police determines that a second response has been made to a loud or unruly event within a 72 hour period following the initial response to such an event at the same location, the chief of police shall assess a second response fee against any person responsible for the event when all of the following apply: 1) that person was issued a written warning at the time of the initial response in the manner provided by this chapter; 2) a citation was issued to that person as a result of the second response because the event was being conducted in an unlawful manner; and 3) that person was convicted of the charges set forth in citation. Such fee shall be in an amount equal to the costs incurred by the city for all of the police and/or fire department personnel participating in the second response, as determined by the chief of police in the manner provided by this chapter, or the sum of one thousand dollars ($1,000), whichever is less. Where two or more persons are assessed a second response fee for the same loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee.

(Ord. 2086, Ord. 2331)