SR - ORD-03-16A -� oP oR,
A: 4 AGENDA ITEM
'11 Py4
April 12, 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 Dire or
To Be Presented By: Wayne Winthers
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1. SUBJECT
Ordinance No. 03 -16.A. 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 and address concerns raised to the amendments proposed in
Ordinance 03 -16 brought before council on March 8, 2016.
3. RECOMMENDATION /ACTION
Adopt Ordinance No. 03 -16.A for first reading.
4. 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
Based upon direction from City Council at its meeting of February 9, 2016, the City
Attorney brought forth Ordinance 03 -16 for First Reading at the March 8, 2016 City Council
meeting. Since the approval of the First Reading, concerns have been raised about vagueness of
some aspects of Ordinance 03 -16. In order to address these concerns the City Attorney is bringing
ITEM 9.1 1 4/12/16
forth Ordinance 03 -16.A for First Reading rather than a Second Reading of 03 -16. This Ordinance
makes minor amendments to Ordinance 03 -16 while still addressing the same concerns that the
public and City Council had regarding loud and unruly parties in the City of Orange. That direction
and the changes made are addressed below. In addition, a redline version showing the changes is
attached to the staff report.
1. Add a provision to make it a violation to attend a loud or unruly atg hering,
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 Fees.
This modification was incorporated by the addition of Section 9.39.130 (A and B) as
shown on the redline.
4. Close possible loophole for self - reporting parties.
Section 9.39.050(A) provides that it is not a violation of this section if the host calls
the police department to report the party and asks the guests to leave. Some have argued that this
is vague and could allow violators to later argue they should not have been cited. Language has
been added to clarify that this protection only applies when a host self - reports a loud or unruly
gathering to the police department before the police department has received any other complaint
calls about that party.
7. ATTACHMENTS
• Ordinance No. 03 -16.A
• OMC Chapter Redline
ITEM 2 4/12/16
ORDINANCE 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