HomeMy WebLinkAboutORD 14-12 Parties and Underage DrinkingORDINANCE NO. 14 -12
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.
SFCTION I-
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 within the following ten (10) day period
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.
9.39.090 Public Nuisance
If police personnel are required to respond for a second time to any premises within a
ten (10) day period 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 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.
9.39.120 Violations.
Any violation of Sections_ 9.39.010 - 9.39.050 of this code shall constitute a
misdemeanor and shall be punishable by a fine of one hundred fifty dollars ($150.00) for the
first offense; two hundred fifty dollars ($250.00) for the second offense; and five hundred
dollars ($500.00) for the third and any subsequent offense. The owner of property that is not
owner - occupied shall not be subject to any criminal penalties under this chapter unless the
owner is the person actually responsible for organizing and/or supervising a party that
violates this chapter. Nothing in this chapter shall be construed to preclude the City from
exercising any other remedies it may have under the law, including but not limited to,
obtaining an injunction. This chapter shall not create any liability for a host or an owner of
property, either civilly or criminally, outside of what is in this chapter or is provided
elsewhere in local, state or federal law.
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.
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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 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 11 day of December, 2012.
Teresa V. Smith, Mayor, ity of Orange
ATTEST:
I'-, (
Mary E. rp y, City Cler , i of Orange
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 27 day of November, 2012, and thereafter at the regular meeting of said
City Council duly held on the l lth day of December, 2012, was duly passed and adopted by
the following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy
NOES:COUNCILMEMBERS:Bilodeau
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary y, City Cler , ' of Orange
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