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AGENDA ITEM
March 8,2016
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: Wayne W. Winthers�-,
City Attorney
ReviewedNerified By
City Manager
Finance Director
To Be Presented By: Wayne Winthers
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1. SUBJECT
Ordinance No. 03 -16. An Ordinance of the City Council of the City of Orange Amending Chapter
9.39 of the OMC.
2. SUMMARY
The proposed amendments would assist in addressing the continued problems associated with loud
and unruly parties in the City.
3. RECOMMENDATION /ACTION 77�1
Adopt Ordinance No. 03 -16 for first reading.
14. FISCAL IMPACT
None anticipated.
5. STRATEGIC PLAN GOAL (S
1. Provide for a safe community
d) Assure the development of the City occurs in a fashion that maximizes public safety.
6. DISCUSSION and BACKGROUND
At its meeting of February 9, 2016, the City Council received extensive public testimony
and had extensive discussion concerning OMC Chapter 9.39. The City Council provided direction
to the City Attorney to amend the current ordinance. That direction and the changes made are
addressed below. In addition, a redline version showing the changes is attached to the staff report.
ITEM 3/8/16
1. Add a provision to make it a violation to attend a loud or unruly ag thering_
This modification is shown is by the addition of Section 9.39.050 (C), on the redline.
2. Extend the time period for a second response to be issued beyond the current 10 days.
This modification was incorporated by extending the period from the date of a first
response notice to "the passing of the next June 30." This is reflected in Sections
9.39.060 and 9.39.090 as shown on the redline.
3. Add provisions for Private Right of Abatement and Attorney
This modification was incorporated by the addition of Section 9.39.130 (A and B) as
shown on the redline.
7. ATTACHMENTS
• Ordinance No. 03 -16
• OMC Chapter Redline
ITEM 2 3/8/16
ORDINANCE NO. 03-16
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, if 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 to be present at, attend or
participate in a party where loud or unruly conduct is taking place.
(Ord. No. 8 -09, § I, 11 -10 -2009, Ord. No. 03 -16, 03 -08- 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,