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The city council finds as follows:

A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter.

B. That frequently, police and fire department personnel are required to respond a second or multiple times to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated and that frequently, a response is required because those responsible failed to take the steps necessary to terminate such unlawful conduct.

C. That frequently, police and fire department personnel are required to respond multiple times to the same address for multiple loud or unruly events after warning the person or persons responsible for such events that they are being conducted in an unlawful manner and that frequently, a response is required because those responsible failed to take the steps necessary to prevent the occurrence of further unlawful events at that address.

D. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second or subsequent response to an address in those situations in which such person or persons were duly warned at the time of the initial response that a service fee would be assessed against them if further responses were required due to the continuation of the unlawful event or the occurrence of future unlawful events.

E. That the occurrence of loud and unruly events where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at events that are under the control of a person who knows, or should know, of the underage consumption of alcohol.

F. That in many cases, persons having possession or control of property who are responsible for the occurrence of loud or unruly events on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these events. Furthermore, problems associated with loud or unruly events where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Bakersfield police department has the legal authority to direct the host to disperse the gathering.

G. That law enforcement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly events resulting in a disproportionate expenditure of public safety resources and delaying official responses to regular and emergency calls in the rest of the city. Additionally, underage drinking at such events has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault. (Ord. 4372 § 1, 2006)