SR - ORD-03-16A - SECOND READINGORDINANCE 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
ITEM; 9 • t DATE OF MEETING:_ .