Chapter 37 — CITY POLICIES

The amount of any fee, service charge, utility charge, license or tax of any nature whatsoever imposed by any provision of this code shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by the code. The remedy prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof.

('65 Code, § 1-2.07)

The City Manager shall promulgate administrative regulations specifying the amounts and kinds of coverage for liability, property and workers' compensation insurance that must be provided in compliance with provisions of this code or any bid specification, permit, request for proposals, or contract.

AMBULANCE SERVICES

The Council shall, from time to time, by ordinance or resolution, fix charges for emergency ambulance services rendered by the Fire Department and shall have and retain the authority to exempt residents and other taxpayers from such charges.

('65 Code, § 6-1.01) (Ord. 836, passed - - )

The amount of any charge fixed by the Council by ordinance or resolution for emergency ambulance services to any person receiving the same shall be deemed a debt due to the city, and such person, and/or his parent, guardian or other person liable for the cost of his medical, surgical, hospital or ambulance service, by contract or otherwise, shall be liable to the city for the amount of such charge, together with costs of suit.

('65 Code, § 6-1.02) (Ord. 836, passed - - )

MISSION PLAYHOUSE

The City Manager is hereby authorized to contract for the rental of the Mission Playhouse on behalf of the city. ('65 Code, § 2-2.02) (Ord. 504, passed - - ; Am. Ord. 87-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

(A) The City Attorney is hereby authorized to prepare a form of contract for the rental of the Mission Playhouse and its equipment.

(B) Every such contract shall bear upon its face the approval of the City Manager as to substance and his signature or the signature of his designated representative. ('65 Code, § 2-2.03) (Ord. 504, passed - - ; Am. Ord. 87-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

Rental fees to be charged for the various uses of the Mission Playhouse shall be established by the Council from time to time by resolution. ('65 Code, § 2-2.04) (Ord. 160-C.S, passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

All publicity and advertising used, displayed, or distributed by the lessee in connection with any lease or use of the Mission Playhouse shall be submitted to, and approved by, the Auditorium Manager before being used, displayed or distributed.

('65 Code, § 2-2.05) (Ord. 504, passed - - ; Am. Ord. 87-C.S., passed - - ; Am. Ord. 160-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

It shall be the duty of the Finance Director to set up and maintain an appropriate accounting system and procedure and to note therein all credits and debits and to keep a separate account of the receipts and disbursements of all funds which accrue to or from the operation of the Mission Playhouse, as provided by law. ('65 Code, § 2-2.06) (Ord. 504, passed - - ; Am. Ord. 87-C.S., passed - - ; Am. Ord. 160-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

Nothing contained in this subchapter shall be construed to prevent the use of the Mission Playhouse, or any part thereof, for local municipal purposes; provided, however, when admission is charged or revenues accrue from concessions or other uses or privileges of any character, the entire gross receipts thereof shall be deposited with the City Treasurer, and all funds derived shall accrue to the city.

('65 Code, § 2-2.07) (Ord. 504, passed - - ; Am. Ord. 87-C.S., passed - - ; Am. Ord. 160-C.S., passed - - ; Am. Ord. 627-C.S., passed 9-6-16)

USE OF POLICE PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES

(A) When any loud or unruly assemblage occurs or is held and the city's law enforcement agency is required to respond to the scene in response to citizen complaints, and the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that senior officer shall notify the owner of the premises or the person in charge of the premises or the person responsible for the assemblage that person, or if that person is a minor, that the parents and guardians of that person, will be held personally liable for the costs of providing police personnel on special security assignment over and above the normal services provided by the Police Department to those premises.

(B) Such person or persons shall be given a first warning in the form of notification by the police officer that the police response shall be deemed to be the normal police services provided.

(C) The police personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided.

(D) The accounting and billing procedures as set forth in § 37.56 shall apply.

('65 Code, § 5-30.01) (Ord. 317-C.S., passed - - )

Cross-reference:

Police Department, see §§ 32.50 through 32.52

(A) The cost of the special security assignment described in § 37.55 shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. Fees and costs shall be established by resolution of the City Council, and shall not exceed the reasonable cost of providing such services. In addition, such cost may include damages to city property and/or injuries to city personnel.

(B) All fees and charges levied for city services described in § 37.55 shall be due and payable upon presentation.

(C) All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the person to whom such services are rendered, and an immediate cause for action shall accrue to the city for collection thereof in any court of competent jurisdiction.

('65 Code, § 5-30.02) (Ord. 317-C.S., passed - - )

Collection pursuant to this subchapter is not intended to be the exclusive remedy, either criminal or civil, available to the city relating to the circumstances which gave rise to the need for police response under this subchapter.

('65 Code, § 5-30.03) (Ord. 317-C.S., passed - - )

(A) The person or persons charged pursuant to this subchapter shall have five days after service of the bill to file a written request with the Police Chief for a hearing to determine the reasonableness of the charge.

(B) Upon receipt of such a request, the Police Chief or his/her duly authorized representative shall give to the requesting party or parties not less than seven days written notice of the time and place of the hearing to determine the reasonableness of the fees and charges.

(C) The hearing shall be conducted by the Police Chief or his/her duly authorized representative, who shall act as the hearing officer. That authorized representative shall consider all relevant evidence, including but not limited to applicable staff reports. He/she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Police Chief or his/her duly authorized representative shall determine the reasonableness of the fees and charges imposed. (D) The decision of the Police Chief or his/her duly authorized representative shall be final and conclusive in the absence of an appeal as provided in this subchapter.

(E) The Police Chief or the duly authorized representative shall, within five working days of the decision, give written notice of the decision to the person or persons who requested the hearing and to any other person requesting such notice.

('65 Code, § 5-30.04) (Ord. 317-C.S., passed - - )

(A) The person or persons charged shall have the right of appeal to the City Council.

(B) The appeal shall be filed with the City Clerk within 10 days following receipt of notice of the decision of the Police Chief. The appeal shall be in writing and shall state the grounds for the appeal.

(C) The City Clerk shall set the matter for a de novo hearing before the Council at a date and time not less than ten nor more than 30 days following the filing of the appeal. The City Clerk shall notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary.

(D) The Council may, by resolution from time to time, establish a fee for the processing of an appeal.

(E) At the time and place set for such hearing, the City Council shall review the decision of the Police Chief or the duly authorized representative and shall afford the appellant a reasonable opportunity to be heard in connection therewith.

(F) The Council shall, by resolution, establish rules of procedure for the conduct of hearing appeals.

(G) A copy of the Council's order shall be mailed to the appellant, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof. The Council's decision shall be final and conclusive.

('65 Code, § 5-30.05) (Ord. 317-C.S., passed - - )