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Home My WebLink AboutORD-06-91 Add Ch. 9.39 Regulation of Disturbing PartiesORDINANCE NO. 6- 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADDING CHAPTER 9.39 TO THE ORANGE MUNICIPAL CODE, ESTABLISHING LOCAL REGULATION OF DISTURBING PARTIES.WHEREAS, large unregulated parties constitute a hazard to the community and a significant drain on Police resources; and WHEREAS, regulation of disturbing parties would enhance the pUblic safety and place financial responsibility for the cost of Police services with persons conducting such parties; and WHEREAS, several California cities have successfully enacted ordinances to allow the recovery of costs associated with extraordinary Police services necessary to safely handle such parties.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:section I:Chapter 9.39 is hereby added to Title 9 of the Orange Municipal Code to read as follows: Sections:9.39. 010 9.39. 020 9.39. 030 9.39. 040 9.39. 050 9.39. 060 9.39. 070 9.39. 080 9.39. 090 9.39. 100 9.39. 110 9.39. 120 Chapter 9. 39 PARTIES Business Tax Receipt Required Noise Restrictions: Bands, Phonographs, Etc.Noise Restrictions: General Host: Defined Liability for Police Costs Notice of Disturbance: Host signature Notice of Disturbance: signature Unavailable Notice of Unlawful Party Second Response: Costs of Special Police Assignment Second Response: Closure Required Collection of Costs of Special Police Assignment section 9.39.010 Business Tax Receipt Required. It shall be unlawful for any person to conduct or allow to be conducted a party for which an admission fee of any kind is required or requested, on property owned, occupied or controlled by them, without first having obtained a business tax certificate as defined in Title 5, Chapter 5.15.040, of this Code, except however, that the provisions of this section shall not apply to the conducting of fund-raising activities the net proceeds of which are reportable as political contributions under Title 2,U.S.C., section 434 or Title 9, Chapter 4, Articles 1 and 2 of the California Political Reform Act, commencing at Section 84100 of the California Government Code, or by organizations which have registered with the city as a bonafide charitable, religious, or non-profit organization pursuant to Chapter 5.64 through 5. 72 of this Code. The distribution of flyers or other promotional materials which make reference to an admission requirement is prima facie evidence of a party for which a business tax receipt is necessary.Section 9.39.020 Noise Restrictions: Bands. Phonoqraohs,Etc. It shall be unlawful to conduct or allow to be conducted any party which has present a band, orchestra, radio, phonograph,or any other electronic sound reproduction and/ or amplification device/system between the hours of 10:00 p.m. and 6:00 a. m. which produces loud and unreasonable sound in volume level, duration,and character sufficient to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this Section after notification by a Peace Officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent.Section 9.39.030 Noise Restrictions: General. It shall be unlawful to conduct or allow to be conducted any party where there is loud and unreasonable noise between the hours of 10:00 p. m. and 6:00 a.m., if such noise is sufficiently loud and unreasonable in volume level, duration and character to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent.Section 9.39.040 Host: Defined. "Host" means any person conducting and/or permitting a party, including:1. Owner(s) and/or lessee(s) of the property where a party is being given.2. Person(s) hosting a party.3. Person(s) receiving money or other consideration for granting access to a party.4. Person(s) serving, furnishing, or making available alcoholic beverages.5. Parent(s) or legal guardian(s) of a minor who is also a host.Ord. No. 6- 91 2-ld Section 9.39.050 Liabilitv for Police Costs. When a partyoccursatapremisesandapOliceofficeratthescenedeterminesthatitconstitutesathreattothepublicpeace, health, safetyorgeneralwelfare, each Host shall be held jointly and severallyliableforthecostofprovidingpolicepersonnelandservicestoabatethethreattopublicpeace, health, safety, or generalwelfare. Violation of any provision of this chapter is primafacieevidenceofathreattopUblicpeace, health, safety, orgeneralwelfare. Section 9.39.060 Notice of Disturbance: Host Siqnature.When Police Department personnel respond to a complaint involvingadisturbancecausedbyaparty, the responding officers may issueawrittennoticetotheHostifsuchpersonisavailableonthepremises. The notice provided shall state that if PoliceDepartmentpersonnelarerequiredtoreturntothepremises withinthefollowingtwelve (12) hour period because of furtherdisturbances, and responding officers determine there is a threattothepUblicpeace, health, safety, or general welfare, such response shall constitute special police services. The noticeshallstatetheHostmaybeassessedcivilpenaltiesforthecostofprovidingsuchspecialpoliceservices. The notice shall besignedbytheavailableHost, acknowledging receipt of thewarning, and a signed copy of the warning shall be left with theavailableHost. If a second or any subsequent response isrequired, Police Department personnel shall have the availableHostsigna "Second Response" voucher, acknowledging the occurrence of the second response, and one additional voucher foreachresponsethereafterduringthecourseoftheparty. Section 9,39.070 Notice of Disturbance: SiqnatureUnavailable. If no Host is available on the premises when thepolicearepresent, or the Host refuses to sign receipt of thenotice, a copy of the notice shall be posted in a conspicuousplaceonthepremisesoneachoccasionthepolicerespond. ArefusalbyaHostatthepartysitetosignareceiptofthewarningafterbeingrequestedtodosobyapoliceofficeris amisdemeanor. Section 9.39.080 Notice of Unlawful Partv. When PoliceDepartmentpersonnelbecomeawareofanyscheduledpartywhichwouldbeunlawfulunderthisChapter, officers may issue a writtennoticetoaHostdescribingtheunlawfulnatureoftheparty. ThenoticeprovidedshallstatethatifPoliceDepartmentpersonnelarerequiredtorespondtothescheduledparty, such responseshallconstitutespecialpoliceservices. The notice shall statetheHostmaybeassessedforthecostofprovidingsuchspecialpoliceservices. The notice shall be signed by a Host, acknowledging receipt of the warning, and a signed copy of thewarningshallbeleftwiththeHost. This notice shall constituteafirstwarningasrequiredbythisChapter. A refusal by a Hosttosignareceiptofthewarningafterbeingrequestedtodosobyapoliceofficerisamisdemeanor. Id 3-Ord. No. 6- section 9.39.090 Second Response: Costs of Special Police Assianment. utilization of Police personnel during any response after the first warning to any party or to control the threat to the public peace, health, safety or general welfare shall be deemed to be a special police assignment over and above the services normally provided. The cost of such special police assignment may include damages to city property and/or injuries to City personnel. section 9.39.100 Second Response: Closure Reauired. The Chief of Police or his designee shall close and disperse any party for which a second response is required. section Assianment. collected in 9.39.110 Collection of Costs of Special Police The costs provided for in this chapter shall be the following manner: Copies of the Initial Warning, the Second Response voucher, and any additional voucher shall be forwarded to the Orange Police Department where the cost of special police assignment services shall be computed and an amount assessed which reflects the actual costs of services rendered as established in the city of Orange Schedule of fees and charges as authorized by the Orange Municipal Code. The city of Orange shall invoice the Host. 1. The invoice shall notify the Host that a hearing to present any evidence or argument challenging the invoiced amount or liability for any amount shall be available if such written request is received by the Chief of Police within 10 calendar days of the date the notice is mailed. If no such written request is received within 10 calendar days, the total amount becomes immediately due and payable. 2. If a written request is received within 10 calendar days, the Chief of Police or his designee shall conduct a hearing within an additional 20 calendar days after receipt of the written request at a date set by the Chief. The Chief shall cause to be mailed written notices of the hearing to the requestor at least 10 calendar days in advance of the hearing. The decision of the Chief or his designee shall be mailed to each party within 10 calendar days after the conclusion of the hearing. That decision shall be final unless a written notice appealing the decision is received by the City Manager within 10 calendar days after the decision has been mailed to the parties. If a written notice appealing the decision is received by the City Manager within 10 calendar days after the the decision has been mailed to the parties, then the city Manager shall conduct a hearing de novo within 20 calendar days at a date set by the city Manager. The City Manager shall then notify the parties in writing of the decision within 10 calendar days after the conclusion of the hearing. The City Manager's decision shall be final and the civil penalties imposed, if any, shall become immediately due and payable upon the mailing. Ord. No. 6-91 4- section 9.39.120 violations. Any violation of sections 9.39.010 through 9.39.030, inclusive, 9.39.080 or 9.39.090 shall be a misdemeanor. 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 the Orange city News, 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 19th day of FAbruarv 1991. ATTEST: GENE BEYER Mayor of the City of Orange BY:~~~If!..{}. ~~( -t.{.. FR D B RERA, MAYOR PRO TEM M~RTLVN ,T. .TRNSF.N r.MC. City Clerk of the City of Orange BY:rlMA*L2,A ~f~-44:Z CASSANDRA CATHCART, CMC., DEPUTY CITY CLERK ld 5-Ord. No. 6- STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARILYN J. JENSEN, 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 February ,1991, and thereafter at a regular meeting of said City Council duly held on the 19th day of February ,1991, was duly passed and adopted by the following vote, to wit: AYES: COUNCIL MEMBERS: STEINER, BARRERA, COONTZ, SPURGEON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MAYOR BEYER MARILYN J. JENSEN, CMC., city Clerk of the City of Orange BY: rl.t<iA/uPA ~k_MT ASSANDRA CATHCART, CMC., DEPUTY CITY CLERK Ord. No. 6-91 6- ld