HomeMy WebLinkAbout561 - OrdinancesORDINANCE NO. 561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADDING A NEW CHAPTER 9.32 TO
TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
IMPOSING A CIVIL PENALTY FOR SECOND RESPONSES BY
POLICE TO PARTIES AND OTHER ASSEMBLAGES.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION
A new Chapter 9.32 hereby is added to Title 9 of the Rancho
Cucamonga Municipal Code, to read, in words and figures, as
follows:
"CHAPTER 9.32
"Second Responses by Police to Parties and
Other Assemblages-Civil Penalty Imposed.
"9.32.010
Civil penalty for second responses by police to parties and
other assemblages.
9.32.020 Penalty constitutes debt.
"9.32.010.
Civil penalty for second responses by police to parties and
other assemblages.
"(A) Notwithstanding any other provision of this Code, a civil
penalty in the amount of One Hundred Dollars ($100.00) hereby is
imposed, as provided herein, when any members of the City's police
(sheriff's) department 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.
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 or such written notice has been posted as
authorized herein; and
"2.
There is probable cause for police to believe that a
violation of Penal Code § 407, § 415 or § 416 has
occurred on the premises any time after first
responding.
Ordinanace 561
Page 2
"(B) The written notice required to be provided shall state words
to the effect that a warning is hereby given that if police respond
again within twenty-four (24) hours thereafter, a civil penalty in the
amount of One Hundred Dollars ($100.00) shall be imposed upon
the owner or other adult person in charge of the premises.
"(C) If no owner or adult person in charge of the premises can be
located or identified at the time of the first response, the written
notice required herein may 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 amount of
the civil penalty as provided herein.
"9.32.020. Penalty constitutes debt.
"In the event a civil penalty is imposed as provided herein, written
notice thereof, including a request for payment, shall be given by First Class
mail, postage prepaid, and addressed to the owner and/or other adult
person in possession of the premises at the time of the police responses,
and such civil penalty shall constitute a debt recoverable as a debt due and
owing on a written contract, as permitted by California Government Code §
36901. In the event the City is required to institute any legal proceeding to
recover such penalty, it shall be entitled to additionally collect all costs,
including attorney's fees, incurred as a result thereof. The imposition of a
civil penalty, as provided herein, shall be in addition to, and not in lieu of, the
imposition of any criminal penalties arising out of, or incidental to, the
underlying police responses, as may be provided by law."
Section 2.
If any section, subsection, sentence, clause, phrase or word of this
Ordinance is, for any reason, deemed or held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Rancho Cucamonga
hereby declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase or word thereof,
regardless of the fact that any one or more sections, subsections,
sentences, clauses, phrases or words might subsequently be
declared invalid or unconstitutional or preempted by subsequent
legislation
Section 3.
The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen days after its passage at
least once in the Inland Valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
Ordinanace 561
Page 3
ATTEST:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 4th day of December, 1996.
Alexander, Biane, Curatalo, Gutierrez, Williams
None
None
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" William J. nder,
Debra J. Adan~, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of
Rancho Cucamonga held on the 16th day of October, 1996, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of December,
1996.
Executed this 5th day of December, 1996, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk