As used in this chapter:
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 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.
means any gathering, event or activity at which one or more
persons are present and which occurs on private property.
means each and all of the following:
Any person actually in charge of the premises from which the
loud and unreasonable noise originates;
The owner, tenant or other person lawfully occupying the premises
from which the loud and unreasonable noise originates;
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;
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.
means all costs actually incurred by the city, through the
Los Angeles County sheriff's department, 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.
means any and all occasions within a twenty-four 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.
(Ord. 819-97 § 1)
It is unlawful to conduct or allow to be conducted any party or similar event where there is loud and unreasonable noise between the hours of ten p.m. and seven 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 wilful intent within the meaning of Section 9.17.010.
(Ord. 819-97 § 1)
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 9.17.020 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 9.17.020, and further give notice that a second response to that same location or address within a twenty-four 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.
(Ord. 819-97 § 1)
If, after a written notice is issued pursuant to Section 9.17.030, a second response is necessary to the same location or address within a twenty-four 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.
(Ord. 819-97 § 1)
The police officer in charge at the scene is hereby authorized
to immediately close and disperse any party or similar event for which
a second response is required unless such officer determines that
immediate closure would create an even greater threat to the public
peace, health, safety or general welfare.
(Ord. 819-97 § 1)
The cost of services shall be collected in the manner described
below:
A.
Copies of the notice issued pursuant to Section 9.17.030 and of the incident report and any supplemental report shall be used by the Los Angeles County sheriff's department to compute the cost of services in connection with the second response and any further response that may be required. The Los Angeles County sheriff's department shall notify the finance department of the city of the proper amount, and the finance department shall bill the responsible persons.
B.
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 city manager within ten 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 9.17.040 of this chapter.
C.
If a
written request for hearing is received within such ten-day period,
the city manager or his or her designee (who shall not have been involved
in the underlying incident) shall conduct a hearing within twenty
calendar days after receipt of the written request, at a date set
by the city manager. Written notice of the hearing shall be mailed
to the requester at least ten calendar days in advance of the hearing.
The decision of the city manager, 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 notice of the decision.
(Ord. 819-97 § 1)
A.
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.
B.
Notwithstanding
any provision of this chapter, the city does not waive its right to
seek reimbursement for actual costs exceeding one thousand dollars
through other legal remedies or procedures.
C.
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. 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
for recovery of such amount, together with reasonable attorneys' fees.
(Ord. 819-97 § 1)
