A.
No person
shall make, cause or suffer, or permit to be made, upon any premises
owned, occupied or controlled by him, any unnecessary noises or sounds
which are physically annoying to persons of ordinary sensitiveness,
or which are so harsh or so prolonged or unnatural or unusual in their
use, time or place as to occasion physical discomfort to the inhabitants
of any neighborhood.
B.
When
any loud or unruly assemblage occurs or is held, and the city's law
enforcement agency is required to respond to the scene in response
to citizen complaints, and the senior peace officer at the scene determines
that there is a threat to the public peace, health, safety or general
welfare, then that senior peace officer shall notify the owner of
the property and/or the person in charge of the property where the
assemblage exists, and/or the person responsible for said assemblage,
that such person or persons, or in the case of a minor, the parents
and/or guardians of such minor, shall be held personally liable for
the cost of providing additional law enforcement personnel on special
security assignment over and above the normal services provided by
the law enforcement agency in response to such assemblage. Such person
or persons shall be given a first warning, in the form of notification
by the senior peace officer that the first police response shall be
deemed to be the normal police services provided. Such notice may
include a written notice, receipt of which is signed by the owner,
responsible person or person in charge. The police personnel necessarily
utilized after such first warning to control the threat to the public
peace, health, safety or general welfare shall be deemed to be on
special security assignment over and above the normal services provided
and the owner of the property and/or the person in charge of the property
where such assemblage occurs, and/or the person responsible for the
cost of such special security assignment in an amount determined upon
a cost accounting basis by the city. The cost of such special security
assignment shall include damage to city property and/or injuries to
city personnel. A fee charged will not be in excess of five hundred
dollars for a single incident. The city reserves its legal options
to elect any other legal remedies when said costs or damage exceed
five hundred dollars.
C.
The city council declares that loud or unruly assemblages described in subsection B of this section are a public nuisance. The cost of abating such public nuisance, including police services, may be made a lien upon the property where the nuisance is located, and/or collected as a special assessment against the property at the same time and in the same manner as ordinary municipal taxes are collected. Prior to the recordation of the lien, or the collection of the charge in the manner of a municipal tax, the property owner shall be entitled to a hearing before the city council upon at least ten days prior written notice. Notice shall be given in accordance with Government Code Section 38773.1.
(Prior code § 4201; Ord. 873 § 1, 1995)
A person shall not operate any motor vehicle (including any
motorcycle, trail bike, dune buggy, motor scooter, go-cart or jeep),
or the motor thereof, on any vacant lot, parking lot, vacant property
or acreage so as to disturb the peace or quiet of any neighborhood
by noise, dust, smoke or fumes caused by such motor vehicle.
(Prior code § 4201.1)
The provisions of Section 8.40.020 do not apply to any act prohibited by Section 372 of the Penal Code, or prohibited or expressly permitted by any statute of the state.
(Prior code § 4201.2)
