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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 Cons Calendar _ City Mgr Rpts Council Reports X Legal Affairs Boards /Cmtes _ Puhlic Hrgs Admin Reports Plan/Environ 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