A. Except as provided herein below, if an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the City of San Bernardino for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call.
B. If an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance of an immediate nature such that a written warning is not feasible, a written warning shall not be required and the person in charge will be held liable to the City of San Bernardino for the cost of all law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the call.
C. The personnel and equipment of the law enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. In the event a written warning is not feasible, then personnel and equipment of the law enforcement agency called in including but not limited to mutual aid agencies to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge.
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstances, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.
(Ord. MC-1223, 4-18-06; Ord. MC-772, 3-12-91)