DATE:
August 16, 2022
TO:
Mayor and Council Members
Chair and Board Members, Hesperia Water District
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Community Development Commission FROM:
Nils Bentsen, City Manager
BY:
Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT:
Consideration of the Amendment to Title 1 related to Police Multiple Response/Firework Fees and Amendment to the City-wide Fee Schedule and Bail Schedule Related to Police Multiple Response/Firework Fees
RECOMMENDED ACTION
It is recommended that the City Council, Board of Directors for the Hesperia Water District, Board of Directors for the Hesperia Housing Authority, and the Commissioners of the Community Development Commission introduce and place on first reading Ordinance No. 2022-12 amending Title 1 of the Hesperia Municipal Code related to Police Multiple Response/Firework fees; adopt Joint Resolution No. 2022-62, Resolution No. HWD 2022-14, Resolution No. HHA 2022-07, and Resolution No. HCDC 2022-04 amending the City-wide fee schedule related to the fees for the Multiple Response Program; and adopt Resolution No. 2022-63 amending the City-wide bail schedule related to prohibited firework fees.
BACKGROUND
The City’s Multiple Response Program is governed by Hesperia Municipal Code Section 1.12.130 Special Enforcement Procedures, where large or tumultuous parties, domestic disturbances, gatherings, boisterous activities, or music, or any combination thereof, which interfere with the neighbors' reasonable enjoyment of their property, constitute a threat to public peace, morals, and safety, and elicit numerous calls to the police department.
In addition to disturbances and boisterous activities, the occurrence of multiple false alarms requiring police department response and multiple 911 calls where reasonable circumstances are not established have the effect of reducing manpower availability and therefore, threatening public safety. For the purposes of this section, multiple false alarms and/or multiple unreasonable 911 calls are considered a disturbance and subject to police multiple response fees. For the first incident, the responsible party will be issued a written warning (no fee) and the property will be placed on a probation period for three years from the date of the initial response. Any additional responses that occur during the three-year probation period will cause the property to be subject to the fee schedule on the next page.
Furthermore, the possession and usage of fireworks requires police and city department response and reduces manpower availability, in addition to creating an unsafe situation and threatening public safety and so shall be considered a disturbance and subject to police multiple response fees, and are subject to a separate fine schedule, and fees are issued upon the first occurrence.
ISSUES/ANALYSIS
Multiple Disturbance/Firework Fees
Multiple Disturbance/Firework fees were presented as a discussion item at the July 19, 2022 City Council meeting. Staff sought direction from City Council members to amend fees related to the Multiple Disturbance fees. Accordingly, it was determined that fees should be increased to deter repeat offenders from engaging in boisterous activities, false alarms/multiple unreasonable 911 calls, and use of illegal fireworks.
It is recommended that the fee schedule for general disturbances be updated as follows:
General Disturbance Fees:
First Response: No Charge/ Warning and three-year probation Second Response: Increase from $150 to $500
Third Response: Increase from $500 to $1000
Fourth Response: Will remain at $1,000
Each Subsequent Response: Will remain at $2,500
(Actual costs may be assessed in addition to any subsequent response) Citation Filing Fee: $19 (charged to each response)
Late Fees: 50% of total due
It is recommended that the bail schedule for fireworks be updated as follows:
Fireworks Fine Schedule
First Response: Increase from $1,000 to $1,250 (to align with County fines) Second Response: Increase from $2,000 to $2,500
Third Response: Increase from $3,000 to $5,000
Fourth Response: Increase from $3,000 to $5,000
Subsequent response: Increase from $3,000 to $5,000
(Actual costs may be assessed in addition to any subsequent response) Citation Filing Fee: $19 (charged to each response)
Late Fees: 50% of total due
Multiple Disturbance/Firework Statistics
Staff conducted an analysis of the total number of multiple disturbances/firework responses for the period of January 1, 2020 through July 31, 2022. Grand totals are outlined in the chart below by year and activity type:
An analysis of the statistical data for this scope period revealed that there was a total of 385 locations where there were multiple disturbances/firework responses. Of this total, 50 locations had 2 or more calls.
With the increased fees, staff anticipates a reduction in the number of repeat offenses.
FISCAL IMPACT
Adoption of this resolution will allow the City to continue to collect fees that adequately recover costs based on services provided.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance No. 2022-12
Exhibit “A” Title 1 Chapter 1.12.130 (16)(d) Multiple Police Response - Fireworks Joint Resolution No. 2022-62
Fee Schedule and Exhibit “A” attached
Resolution No. 2022-63
Bail Schedule with Exhibit “A” attached
Page PAGE 2 of NUMPAGES 3
Staff Report to the City Council/Board/Commissioners
Consideration of Amendment to Title 1 related to Police Multiple Response/Fireworks Fees August 16, 2022
City of Hesperia
STAFF REPORT