Ordinance No. 1116033
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING A NEW CHAPTER 17 -66 TO THE
CYPRESS MUNICIPAL CODE, THE SAME TO BE ENTITLED
"POLICE FEE FOR EXTRAORDINARY POLICE SERVICES"
NOW, THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. There is added to the Cypress Municipal Code a new Chapter 17-
66, to read in its entirety, as follows:
"17- 66.010 Short Title.
This chapter shall be known as the "Police Fee for Extraordinary
Police Services" Ordinance.
17- 66.020 Imposition of Fee for Extraordinary Police Services.
There is hereby imposed upon each person described in Section
17- 66.070 a fee for extraordinary police services as defined therein, said
fee to be computed in accordance with Section 17- 66.080.
17- 66.030 Fee Not a Criminal Penalty.
The fee imposed in Section 17- 66.020 shall constitute a debt owed
to the City by the person(s) against whom the fee is assessed. Said fee is
civil in nature, and shall not be construed to be a criminal penalty or fine.
17- 66.040 Duty to Collect Fee.
The director of finance shall have the duty to collect said fee, using
such resources as are reasonably available for that purpose. It shall be
within the discretion 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 personnel for said
purpose.
17- 66.050 Authority to Impose Late Charge.
Any fee imposed pursuant to Section 17- 66.020 and not paid within
thirty (30) calendar days of the date upon which such fee was assessed
shall be subject to a late charge of one percent (1%) per month until said
fee shall be paid.
17- 66.060 Costs & Legal Fees to Collect.
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
reasonable collection costs and attorneys' fees in addition to such fee and
late charge.
17- 66.070 Extraordinary Police Services at Parties, Gatherings or Other
Assemblages Requiring a Second Response.
(a) When a party, gathering, or other assemblage occurs on
private property and the senior 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, and any other person(s) attending the
party, gathering, or other assemblage given the written warning as
provided herein, will be held liable for the costs of providing police
services as defined in Section 17- 66.080 for the special security
assignment upon a second or return response within twenty -four (24)
hours of any first or initial response by police, after a first written warning
has been given in any manner provided by law, to control the threat to the
public peace, health, safety or general welfare. The second or return
response may also result in the arrest and /or citation of violators of the
state penal code or other City ordinance(s).
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(b) For the purposes of this section the following definitions shall
apply:
(1) "party, gathering, or other assemblage" is a group of persons
who have assembled or are assembling for a social occasion or for any
other collective meeting, gathering, or event.
(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 other assemblage at a rate established by resolution of
the City Council, the actual cost of any medical, treatment to injured
officers, the cost of repairing any damage to City equipment or property,
and the cost for transportation, booking, incarceration, feeding and
processing of any person against whom the fee is charged.
(3) "Person responsible for event" is the person who owns the
property where the party, gathering, or other assemblage takes place, the
person in charge of such premises, and /or the person who organized the
party, gathering, or other assemblage. 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) "Other person(s)" is any person attending the party,
gathering, or other assemblage who is given written warning to control the
threat to the public peace, health, safety, or general welfare upon the first
police response and who, upon the second police response is determined
to be engaging in conduct that constitutes a threat to the public peace,
health, safety, or general welfare.
(5) "Special security assignment" is the assignment of police
officers and services during a second police response to a party,
gathering, or other assemblage following the distribution of a written
warning that the party, gathering, or other assemblage constitutes a threat
to the public peace, health, safety or general welfare.
17- 66.080 Police Services Fee.
(a) The police services fee, assessed pursuant to Section 17-
66.020, shall 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, the actual cost of any medical treatment to injured officers, the
cost of repairing any damage to City equipment or property, and the actual
cost to the City for transportation, booking, incarceration, feeding and
processing of any person against whom the fee is charged as the same
shall be established by resolution duly adopted by the City Council from
time to time.
(b) The amount of such fees charged shall be deemed a debt to
the City the Person responsible for the event and /or Other person 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."
SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
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SECTION 4. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
Ordinance to be published in accordance with Government Code § 36933.
FIRST READ at a regular meeting of the City Council of said City on the 22nd day of
February, 2010 and finally adopted and order posted at a regular meeting held on the 8th
day of March, 2010.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 8th day of March, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
11--0e_ 6144141
CITY CLERK OF THE CITY OF CYPRESS
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