6259ORDINANCE NO. 6259
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 6.73 OF TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO
PROVISION OF POLICE SERVICES AT LOUD
PARTIES OR OTHER EVENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Chapter 6.73 of Title 6 of the Anaheim Municipal Code be, and the same is
hereby amended, to read as follows:
6.73.010 DEFINITIONS.
As used in this chapter:
.010 The term "loud and unreasonable noise" means any sound or noise, including, but not
limited to, music or speech, which is so loud in volume level and of such duration or character as
to willfully disturb the comfort, health, peace, safety, quiet enjoyment or repose of one or more
persons of ordinary sensibilities who is (are) not present at the party or similar event which is the
source of such sound or noise.
.020 The term "owner" means any person(s), including any firm, association, organization,
partnership, trust, business, corporation, company or entity, who owns the premises where the
party or similar event occurs and from which the loud and unreasonable noise originates.
.030 The term "party or similar event" means any gathering, event or activity at which one
or more persons are present and which occurs on private property.
.040 The term "responsible person" means each and all of the following.
.0401 Any person who is present at and is actually in charge of the premises where the
party or similar event occurs and from which the loud and unreasonable noise originates;
.0402 The owner, tenant or other person lawfully occupying the premises where the
party or similar event occurs and from which the loud and unreasonable noise originates;
.0403 If the person in charge of the premises from which the loud and unreasonable
noise originates is a minor who resides with both parents, then both parents shall be deemed
responsible persons;
.0404 If the person in charge of the premises from which the loud and unreasonable
noise originates is a minor who resides with one parent or legal guardian, then the parent or legal
guardian who resides in, owns, or controls the premises from which the loud and unreasonable
noise originates shall be deemed a responsible person.
.050 The term "second or subsequent response" means any and all occasions within a three-
month period after the initial response, when one or more police officers are dispatched to the
scene of a party or similar event from which loud and unreasonable noise originates at the same
location.
6.73.020 NOISE RESTRICTIONS.
It shall be unlawful and constitute a public nuisance for any owner or responsible person to
conduct or allow to be conducted any party or similar event from which loud and unreasonable
noise originates between the hours of 10:00 p.m. and 7:00 a.m. Continuation of any activity
prohibited by this section after written notification by a peace officer as provided in Section
6.73.030 that the activity is disturbing the comfort, health, peace, safety, quiet enjoyment or
repose of one or more other persons shall be prima facie evidence of willful intent within the
meaning of Section 6.73.010.010.
6.73.030 INITIAL POLICE RESPONSE TO PARTY OR SIMILAR EVENT FROM
WHICH LOUD AND UNREASONABLE NOISE ORIGINATES.
.010 When any police officer responds to a complaint of any party or similar event from
which loud and unreasonable noise originates, and that police officer determines that the party or
similar event violates Section 6.73.020 of this chapter, or that the party or similar event
endangers the public peace, health, safety or general welfare, that police officer shall issue a
written notice to the responsible person or persons to immediately discontinue the loud and
unreasonable noise, or other activity which violates Section 6.73.020, and further give notice that
a second or subsequent response to that same location or address within a three-month period
may cause the responsible person or persons to be subject to liability for civil fines as set forth in
Section 6.73.070. The written notice shall include the following information:
.0101 The name(s) of the responsible person or persons;
.0102 The location or address of the premises where the party or similar event occurred
from which loud and unreasonable noise originated;
.0103 The date and time of the response by a peace officer to the premises where the
party or similar event occurred from which loud and unreasonable noise originated;
.0104 That the police officer or officers responded to the premises as the result of a
public nuisance complaint caused by a party or similar event from which loud and unreasonable
noise originated;
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.0105 That the activity is disturbing the comfort, health, peace, safety, quiet enjoyment
or repose of one or more other persons who is (are) not present at the party or similar event from
which loud and unreasonable noise originated.
.0106 That any second or subsequent responses by officers, as the result of a complaint,
to a party or similar event at the same premises within a three-month period from which loud and
unreasonable noise originates after a written notice is issued pursuant to Section 6.73.030 may
cause the responsible person or persons to be subject to civil fines as set forth in Section
6.73.070.
6.73.040 SECOND OR SUBSEQUENT RESPONSES TO PARTY OR SIMILAR
EVENT FROM WHICH LOUD AND UNREASONABLE NOISE
ORIGINATES — CIVIL FINES.
If, after a written notice is issued pursuant to Section 6.73.030, a second or subsequent
response is necessary to the same location or address within a three-month period, all responsible
persons may be jointly and severally liable for civil fines as set forth in Section 6.73.070.
6.73.050 NOTICE OF VIOLATION.
.010 The City shall give a notice of a violation of Section 6.73.020 by issuing a citation or
notice of violation to the responsible person or persons within a reasonable time following the
violation, but not exceeding thirty (30) days. The citation or notice of violation shall be served
either by personal service or first class mail on the responsible person or persons. When served
by mail, the citation or notice shall be deposited in the mail for delivery by the United States
Postal Service, in a sealed envelope, postage prepaid, addressed to such responsible person or
persons at their last known address as the same appears in the public records of the City.
.020 Service by personal service shall be deemed to have been completed when served on
the responsible person or persons. Service by mail shall be deemed to have been completed at the
time of deposit by the City in the mail for delivery by the United States Postal Service.
.030 The citation or notice of violation issued pursuant to this chapter, at a minimum, shall
include the following information:
.0301 The name(s) of the responsible person or persons;
.0302 The location or address where the party or similar event occurred from which
loud and unreasonable noise originated;
.0303 The date and time of the response by a peace officer to the premises where the
party or similar event occurred from which loud and unreasonable noise originated;
0304 The Code section(s) violated and a brief description of the violation;
0305 An order prohibiting the continuation or repeated occurrence of the violation;
.0306 The amount of the civil fine imposed and an explanation of how and when to pay
the civil fine;
.0307 Notification of the right to appeal the citation, including the time within which
the citation may be contested and the place to submit a written appeal; and
.0308 Notification that the City may impose a lien on the subject property, or pursue
other lawful means to collect the civil fine, in the event of nonpayment of any civil fines.
6.73.060 VIOLATION — CIVIL FINES.
.010 The following civil fines shall be assessed for violations of Section 6.73.020 following
the issuance of written notice pursuant to section 6.73.030:
.0101 A civil fine not exceeding one hundred dollars ($100.00) for a first violation;
.0102 A civil fine not exceeding two hundred fifty dollars ($250.00) for a second
violation within a three-month period from the date of the first violation;
.0103 A civil fine not exceeding five hundred dollars ($500.00) for a third violation
within a three-month period from the date of the first violation;
.0104 A civil fine not exceeding seven hundred fifty dollars ($750.00) for a fourth
violation within a three-month period from the date of the first violation; and
.0105 A civil fine not exceeding one thousand dollars ($1,000.00) for a fifth and any
subsequent violations within a three-month period from the date of the first violation;
.020 All civil fines imposed under this chapter shall be due and payable to the City of
Anaheim within the earlier of thirty (30) days from the issuance of the citation or service of the
notice of violation, whichever is earlier.
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6.73.070 ADMINISTRATIVE HEARING, APPEAL.
.010 Any responsible person who, pursuant to this chapter, is subject to a civil fine shall
have the right to file a request for an administrative hearing to appeal the imposition of the civil
fine. Any such request shall be made in writing and shall be filed in the office of the Chief of
Police within ten (10) calendar days from the date of service of the citation or notice of violation,
whichever is earlier. The written request for an administrative hearing shall be accompanied by
an advance deposit of the civil fine. If no such written request is received within the ten-day
period, any applicable civil fine shall be due and payable as provided in subsection 6.73.070.020
of this chapter.
.020 If a written request for hearing is received within the ten-day period, the Chief of
Police or his or her designee (who shall not have been involved in the underlying incident) shall
conduct a hearing within twenty (20) calendar days after receipt of the written request, at a date
set by the Chief of Police. Written notice of the hearing shall be mailed to the responsible person
who requested the administrative hearing at least ten calendar days in advance of the hearing.
The decision of the Chief of Police or his or her designee shall be final, and the civil penalties
imposed, if any, shall become immediately due and payable upon the mailing of the notice of the
decision.
.030 Any civil fine which has been deposited shall be refunded if it is determined, after an
administrative hearing, that the responsible person who requested the administrative hearing was
not responsible for the violation(s) or there was no violation(s) as charged in the citation or
notice of violation.
.040 Any responsible person aggrieved by a decision of the Chief of Police or his or her
designee following an administrative hearing may obtain review of the decision by filing a
petition for review with the Orange County Superior Court, Central Justice Center in accordance
with the timelines and provisions as set forth in California Government Code Section 53069.4.
6.73.080 COLLECTION OF UNPAID FINES.
.010 The amount of any civil fine imposed pursuant to this chapter shall be deemed a debt
owed to the City.
.020 At its discretion, the City may pursue any and all legal and equitable remedies to
collect unpaid fines imposed pursuant to this chapter. Pursuit of one remedy does not preclude
the pursuit of any other remedy. It is intended that persons causing, maintaining, and/or
permitting the violation, and not the taxpayers, bear the financial burden of the City's
enforcement efforts. Remedies available to the City to collect unpaid fines and costs include the
following, without limitation:
0201 Referring the delinquent account to a collection agency; and/or
.0202 Authorizing a lien to be recorded on the property for any civil fines imposed
against the owner.
.030 The City shall be entitled to recover all costs related to enforcing any violation(s) of
this chapter that are recoverable under applicable local, State or Federal law.
6.73.090 CUMMULATIVE REMEDIES.
The remedies provided under this chapter are cumulative, and shall not restrict the City's
ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this
chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in
this chapter be deemed to conflict with any penalty or provision under State law, or prohibit any
conduct authorized by the State or Federal constitutions.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination here from of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 13th day of November , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 20th day of
November , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST(
CITY CLERK OF THE CITY OF ANAHEIM
86775.v2
CITY OF ANAHEIM
By:
MA OR OF THE dTY OF ANAHEIM
7
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6259 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of November, 2012, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 201h day of November, 2012, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November, 2012.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6259 and was published in the Anaheim Bulletin on the 29th day of
November, 2012.
L&;A�ll.�.,
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
November 29, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: November 29, 2012
X :_1: - 14
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
i
i
Proof of Publication of
SUMMARY PUBLICATION
ORBI�NAN� NO 6239
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 6.73 OF TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE PERTAININIP TO PROVISION OF POLICE SERVICES
AT LOUD PARTIES OR OTHER EVENTS.
This ordinance amends Chapter 6.73 of Title 6 of the Ana-
heim Municipal Code in its entirety pertainin to the provi-
sion of police services at loud parties and other similar
events. This ordinance (i) changes the time period during
which the ordinance applies from the hours of between
10:00 P.M. and 6:00 a.m. to between the hours of 10:00 p.m.
and 7:00 a.m.; (ii) requires that a police officer be directed
to the location of a violation of Chapter 6.73 by way of a citi-
zen complaint or call for service; (iii) specifies the content of
a warning notice, as well as a notice of violation or citation;
0y) changes a repeat violation from a second response
within a 24-hour period to a second or subsequent re
sponse within a three-month period; (v) creates a graduated i
civil fine schedule for violations of Chapter 6173 following is.
suance of a warning, which replaces the prior system of bill.
ing for the cost of response services; and (vi) creates an ad-
ministrative appeal and hearing process, as well as a sys-
tem for collecting unpaid tines,
I, Linda N, Andal, City Clerk of the City of Anaheim, do here-
by certify that the foregoing is a summary of Ordinance No.
6259 which ordinance was introduced at a regular meeting
Of the City Council of the City of Anaheim on the 13th day of
November, 2012 and was duly passed and adopted at a
regular meeting of said Council or?- the 20th day of Novem-
ber, 2012 by the following roll call vote of the members
thereof:
AYES:- Mayor Tait, Council Members Sidhu, Galloway,
Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject
matter contained in the text of Ordinance No. 6259, which
has been prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not include or de-
scribe every provision Of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please
contact the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charas for the copy.
Publish: The Anaheim Bulletin November 29, 2012 9540245