HomeMy WebLinkAboutORD 03-16.A Amending Chapter 9.39 For Parties and Underage DrinkingORDINANCE NO. 03-16.A
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 9.39 OF
THE ORANGE MUNICIPAL CODE RELATING TO
PARTIES AND UNDERAGE DRINKING.
WHEREAS, the City Council based upon input from the public and city staff, recognizes
loud and unruly conduct is an increasing problem in the City of Orange and requested changes to
the loud and unruly gathering ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I
The following Sections of Chapter 9.39 of the Orange Municipal Code shall be amended
to read as set forth below:
9.39.050 - Prohibited Gatherings.
A. It is unlawful for a host to knowingly hold or allow a party at which there is loud and unruly
conduct and /or to permit underage drinking by a juvenile to whom the host is neither a
parent nor legal guardian. For purposes of this section, a host knowingly holds or allows a
party at which there is loud and unruly conduct whenever the host is aware or should
reasonably have been aware of the conduct occurring at the party. It shall be prima facie
evidence or presumed that the host knew or should have known of the loud and unruly
conduct if the host is present on the premises at any point during the Party or has received
notice as set forth in Section 9.39.090 of this Code. It shall not be a violation of this chapter
if a host calls the police department to disperse individuals from a party prior to the police
department receiving other complaint calls regarding said party and the host has asked such
persons to leave and they have refused.
B. A host need not be present at the premises to be liable for a violation of this chapter. If the
host is a minor and the premises is owned, rented or leased by the host's parents or
guardians, they may be held jointly and severally liable for violations of this chapter.
C. It is unlawful and a violation of this chapter for any person (1) to be present at, attend or
participate in a loud or unruly gathering and (2) to do so in a manner that contributes to the
loud or unruly gathering, as defined in Section 9.39.040(F).
Ord. No. 8 -09, § I, 11 -10 -2009, Ord. No. 03 -16.A, 04 -12- 2016.)
9.39.060 Notice of Disturbance: Host Signature.
When Police Department personnel respond to a complaint involving a disturbance
caused by a party, the responding officers may issue a written notice to the host if such person is
available on the premises. The notice provided shall state that if Police Department personnel are
required to return to the premises at anytime prior to the passing of the next June 30 because of
further disturbances, and responding officers determine there is a threat to the public peace,
health, safety, or general welfare, such response shall constitute special police services. The
notice shall state the host may be assessed civil penalties for the cost of providing such special
police services. The notice shall be signed by the available host, acknowledging receipt of the
warning, and a sign copy of the warning shall be left with the available host. If a second or any
subsequent response is required, Police Department personnel shall have the available host sign a
Second Response" voucher, acknowledging the occurrence of the second response, and one
additional voucher for each response thereafter during the course of the party.
Ord. 6 -91, Ord. No. 03 -16.A, 04 -12- 2016.))
9.39.090 Public Nuisance
If police personnel are required to respond for a second time to any premises at anytime
prior to the passing of the next June 30 at which police personnel determined there was a Party at
which there was loud and unruly conduct on both occasions, the Party shall constitute a public
nuisance and shall be abated and dispersed by responding police personnel. The costs of the
abatement of the public nuisance may be recovered in accordance with Section 9.39.110 of this
Code.
In the event that police personnel are required to respond to a Party at which there is loud
and unruly conduct on a premises that is not owner - occupied, then the owner of the premises as
shown on the latest County Tax Assessment Role shall be notified in the event of any of the
following: (1) a notice is issued pursuant to Sections 9.39.060, 9.39.070, or 9.39.080 of this
Code; (2) costs of a special assignment are imposed under Section 9.39.090 of this Code; or (3) a
misdemeanor citation is issued under this Chapter. The written notice shall inform the owner of
the action that was taken and that if the owner fails to take reasonable steps designed to prevent
future violations, that a civil penalty can be imposed. The notice shall be sent by first -class and
certified mail and shall be in substantially the following form:
Dear [Owner] :
On [date(s)] the City of Orange Police Department was required to
respond to your property located at [address] in the City of Orange. On such
date(s) police officers witnessed a Party at which there was loud and unruly
conduct occurring on the premises as is defined in Orange Municipal Code
Section 9.39.040. In accordance with Orange Municipal Code Section 9.39.090
you are being put on notice that such a Party occurred on your property and that
action taken]. The Party interfered with the use and enjoyment of your
Ordinance No. 03 -16.A 2
neighbors' properties and thus constituted a public nuisance. You should take
reasonable steps to prevent any further occurrences. If you fail to do so, a civil
penalty in the amount of $500 may be imposed. If you have any questions
concerning this notice please contact the undersigned at [phone number].
Sincerely,
Name]
If an owner fails to take reasonable steps within 30 days of the mailing of a third notice to
prevent further violations of this Chapter, then the owner shall be liable for a civil penalty in the
amount of $500.
Ord. No. 8 -09, § I, 11 -10 -2009; Ord. No. 14 -12, § 1, 12 -11 -2012, Ord. No. 03 -16.A, 04 -12-
2016.)
9.39.130 — Private Right of Abatement.
A. Pursuant to California Civil Code Sections 3493 and 3495, a private person for whom
premises at which loud or unruly gatherings as herein defined have been conducted are specially
injurious may file a civil nuisance abatement action to remedy the nuisance conditions on those
premises.
B. In any nuisance abatement action brought under subsection (a), the prevailing party shall
be entitled to recover the amount of its reasonable attorney fees incurred in prosecuting or
defending said nuisance abatement action. This subsection is enacted by the city pursuant to
authority conferred upon it by Article XI, Section 5 of the California Constitution and
Government Code Section 38773.5.
Ord. No. 03 -16.A, 04 -12- 2016.)
SECTION II
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase
hereof would have been prepared, proposed, approved and ratified irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. This Ordinance shall be prospective in application from its effective date.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
Ordinance No. 03 -16.A
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED this 14th day of June, 2016.
er sa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. City Clerk, City ange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 12th day of April, 2016, and thereafter at the regular meeting of said City Council duly held
on the 14th day of June, 2016, was duly passed and adopted by the following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Z4 10, le::M
Mary E. City Clerk, City of range
Ordinance No. 03 -16.A