HomeMy WebLinkAboutORD 13 (1990)ORDINANCE NO. 13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING DIVISION 4 OF TITLE 13
OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW
CHAPTER 13.44 AUTHORIZING RECOVERY OF COSTS
FOR SECOND RESPONSE BY POLICE TO PARTIES AND
OTHER ASSEMBLAGES.
The City Council of the City of Diamond Bar does ordain
as follows:
SECTION _&: A new Chapter 13.44 is hereby added to
Division 4 of Title 13 of the Los Angeles County Code, to read in
words and figures as follows:
"Chapter 13.44
"Recovery off Costs for Second Response by Police
to Parties and Other Assemblages
"Sections:
"13.44.010 Recovery of costs authorized.
"13.44.020 Costs constitute debt.
1113.44.010 Recovery of costs authorized.
"A. Notwithstanding any other provision of this Code,
City shall be authorized to recover its costs incurred when the
police agency responsible for providing law enforcement services
within the City of Diamond Bar ("police" herein) respond a second
time within a twenty-four (24) consecutive hour period to any
party or other assemblage of persons within the City if:
1
"(1) the owner and/or other adult person in
possession of the premises has, at the time of the first
response, been delivered a written notice as hereinafter
described; and
"(2) there is probable cause by police to believe
that a violation of Penal Code Sections 407, 415 or 416 has
occurred on the premises anytime after first responding.
"B. The written notice required to be provided shall
state words to the effect that a warning is hereby given that if
police are again requested, or are otherwise required to respond
to the same location within twenty-four (24) hours thereafter,
such second response may be deemed to be a special security
assignment over and above the law enforcement services normally
provided, and the owner and/or other adult person in possession
of the premises shall be liable for payment of all costs incurred
by the City of Diamond Bar, including administrative costs and
overhead, in providing such law enforcement services.
"C. If no owner or adult person in charge of the
premises can be identified at the time of the first response, the
written notice required herein may simply be posted in any
visible outdoor location near any entrance to the premises. In
such event, the owner and any other adult person in possession of
the premises at the time of the response by police may be held
jointly liable for the costs of such second response, as provided
herein.
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1113.44.020 Costs constitute debt.
"The costs provided for herein shall be computed by
City and shall be forwarded in the form of an invoice to the
owner and/or adult person in possession of the premises at the
time of the police responses, and shall constitute a debt
recoverable as a debt on a written contract. In the event City
is required to institute any legal proceeding to recover such
costs, it shall be entitled to additionally collect all costs,
including attorney's fees, incurred as a result thereof."
SECTION 2: Severability.
The City Council declares that should any provision,
section, paragraph, sentence or word of the Ordinance hereby
adopted be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences or words of said Ordinance hereby adopted
shall remain in full force and effect.
SECTION 1: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6.
ADOPTED AND APPROVED this 6th day of
1990.
3
November ,
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 11ith day of October , 1990,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the 6th day of November
1990, by the following vote:
AYES: COUNCIL MEMBERS: Kim, Papen, Mayor Pro Tem Forbing
and Mayor Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Horcher
ABSTAINED: COUNCIL MEMBERS: None
ATTESTAC'
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yClerk 6f -the
City of Diamond Bar
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