5337ORDINANCE NO. 5337
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 6.73, SECTIONS 6.73.010 THROUGH
6.73.060, INCLUSIVE, TO TITLE 6 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO POLICE RESPONSES TO
LOUD PARTIES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Chapter 6.73 be, and hereby is, added to Title 6
of the Anaheim Municipal Code, to read as follows:
"Chapter 6.73
PROVISIONS OF POLICE SERVICES AT LOUD PARTIES
OR OTHER EVENTS
6.73.010 Definitions.
.010 The term 'loud and unreasonable noise' as used
in this chapter shall mean 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 wilfully 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 'party or similar event' as used in
this chapter shall mean any gathering, event or activity at
which one or more persons are present and which occurs on
private property.
.030 The term 'responsible person' as used herein
shall mean each and all of the following:
.0301 Any person actually in charge of the
premises from which the loud and unreasonable noise originates;
.0302 The owner, tenant or other person lawfully
occupying the premises from which the loud and unreasonable
noise originates;
.0303 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;
.0304 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.
.040 The term 'cost of services' as used herein shall
mean all costs actually incurred by the City of Anaheim in
making a second response, beginning when one or more police
officers leave their locations to go to the scene of the event
and ending when all the responding officers are available for
other duties or, if their shifts are ended, when they are
finished with those duties related to the event which they are
required to complete before going off duty. Such actual costs
shall include wages and fringe benefits for the responding
officers and the sergeant or other superior directing them,
including overtime if applicable, vehicle usage at such rates as
established by resolution of the City Council, and replacement
cost of any material expended. If audio or video recording
equipment is used, the cost of the recording medium shall be
included in actual costs.
.050 The term 'second response' as used herein shall
mean any and all occasions within a 24-hour period after the
initial response, when one or more police officers are
dispatched to the scene of a loud party or similar event at the
same location.
6.73.020 Noise Restrictions: General.
It shall be unlawful to conduct or allow to be
conducted any party or similar event where there is loud and
unreasonable noise between the hours of 10:00 P.M. and 6:00 A.M.
Continuation of any activity prohibited by this section after
written notification by a peace officer 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 Loud Party or similar
Event.
When any police officer responds to any loud party or
similar event, and that police officer determines that the party
or similar event violates Section 6.73.020 of this Chapter, or
that the party or 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 response to that same location or address
within a 24-hour period shall cause the responsible persons to
be subject to liability for civil penalties amounting to the
cost of services as defined in this Chapter.
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6.73.040 Second Police Response to Loud Party or Similar Event;
Cost of Services.
If, after a written notice is issued pursuant to
Section 6.73.030, a second response is necessary to the same
location or address within a 24-hour period, all responsible
persons shall be jointly and severally liable for civil
penalties amounting to the cost of services as defined in this
Chapter, to a maximum of one thousand dollars ($1,000.00).
6.73.050 Second Police Response to Loud Party of Similar Event;
Closure Required.
The Chief of Police or any police officer designated
by the Chief of Police, shall immediately close and disperse any
party or similar event for which a second response is required,
unless the officer in charge at the scene determines that
immediate closure would create an even greater threat to the
public peace, health, safety or general welfare.
6.73.060 Collection of Cost of Services.
The cost of services shall be collected in the manner
described below.
.010 Copies of the Notice issued pursuant to section
6.73.030 hereof and of the Incident Report and any Supplemental
Report shall be used by the Anaheim Police Department to compute
the cost of services in connection with the second response and
any further response that may be required. The Police
Department shall notify the Finance Director of the City of
Anaheim of the proper amount, and the Finance Director shall
bill the responsible persons.
.020 The invoice shall notify the responsible persons
that a hearing to present any evidence or argument challenging
the amount of the invoice or liability therefor shall be
available if a written request for such hearing is received by
the Office of the Chief of Police within ten (10) calendar days
of the date the invoice is mailed. If no such written request
is received within such ten day period, the total invoice amount
shall be immediately due and payable as provided in Section
6.73.040 of this Chapter.
.030 If a written request for hearing is received
within such ten day period, the Chief of Police or his 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
requestor at least ten calendar days in advance of the hearing.
The decision of the Chief of Police or designee shall be final,
and the civil penalties imposed, if any, shall become
immediately due and payable upon the mailing of notice of the
decision.
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6.73.070 Other Available Remedies.
.010 The imposition of civil penalties pursuant to
this Chapter shall not prevent the imposition of any other civil
or criminal penalties or remedies which may be available to the
City.
.020 Notwithstanding any provision of this Chapter,
the City does not waive its right to seek reimbursement for
actual costs exceeding One Thousand Dollars ($1,000.00) through
other legal remedies or procedures.
.030 The amount of all costs of service imposed
pursuant to this Chapter shall be a debt owed, jointly and
severally, by the responsible persons as defined in this
Chapter, to the City of Anaheim. Any such responsible persons
owing money pursuant to the provisions of this Chapter shall be
jointly and severally liable in an action brought in the name of
the City of Anaheim for recovery of such amount, together with
reasonable attorneys' fees."
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
herefrom 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.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm or corporation shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by
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such person, firm or corporation, and shall be punishable therefor as
provided for in this ordinance.
THE FOREGOING ORDINANCE is
Council of the City of Anaheim this
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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approved and adopted by the City
20th day of October , 1992.
M16011 OF THE CITY OF EIM =�
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5337
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 29th day of September,
1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th
day of October, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickier, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5337 on the 21st day
of October, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st
day of October, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, C;ty Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5337 and was published once in the Anaheim Bulletin on the 29th day of October, 1992.
CITY CLERK OF THE CITY OF ANAHEIM