The city council finds and determined
that parties held at private residences or at rented residential and
commercial premises can result in illegal conduct including, but not
limited to, excessive noise, traffic, obstruction of streets, service
of alcohol to minors, public drunkenness, consumption of drugs, fights,
disturbances of the peace, vandalism and litter, and are occasionally
under the control of a person who knows or should know of the illegal
conduct and fails to stop it. The city council further finds and determines
that persons who will be held responsible for abetting or tolerating
such conduct will be more likely to properly supervise or stop such
parties on property under their control. It is the purpose of this
chapter to impose liability on persons who control the property on
which such parties occur who fail to properly supervise or stop them.
It is the further purpose of this chapter to protect the public health,
safety and general welfare of the city of Pico Rivera.
(Ord. 1177, 12/12/2023)
The following words, terms and phrases,
when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
A. "Alcoholic beverage" means and includes
alcohol, spirits, liquor, wine, beer and every liquid or solid containing
alcohol, spirits, wine or beer, and which contains one-half of one
percent or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances.
B. "City" means the city of Pico Rivera.
C. "Illegal substance" means any drug which
is not legally obtainable, or which is legally obtainable but has
not been legally obtained, including prescribed drugs not being used
for prescribed purposes or used by persons other than the person prescribed.
D. "Juvenile" or "minor" means any person
under eighteen years of age.
E. "Loud or unruly gathering" means any party
or gathering of two or more persons at or on a residence or other
private gathering of two or more persons at or on a residence or other
private property upon which loud or unruly conduct occurs. Such loud
and unruly conduct includes, but is not limited to:
3. Obstruction of public streets or crowds
that have spilled into public streets;
4. Sale, service to or consumption of alcohol
or alcoholic beverages by any underage person, except as permitted
by state law;
5. Assaults, batteries, fights, domestic violence
or other disturbances of the peace;
7. Possession and/or consumption of alcoholic
beverages and marijuana by minors;
8. Public intoxication or drinking in public;
9. The service of alcoholic beverages and
marijuana to minors
12.
Possession and/or consumption of
illegal substances
13.
Possession of an illegal weapon;
15.
Any other conduct which constitutes
a threat to the public health, safety, quiet enjoyment of residential
property or the general welfare.
A loud and unruly gathering shall
constitute a public nuisance.
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F. "Marijuana" shall mean any and all parts
of the cannabis plant, whether growing or not; the seeds thereof;
the resin extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds or resin (including concentrated cannabis). The prohibition
herein includes cannabis in any form including, but not limited to,
cigarettes, vapor, food products containing cannabis or concentrated
cannabis, and any other product of cannabis that can be smoked or
ingested.
The term "marijuana" as defined here
does not include a substance for which the individual found to have
consumed or possessed such substance has a valid recommendation issued
by a licensed medical practitioner consistent with state law.
G. "Owner" means any person or firm, association,
organization, partnership, trust, business, corporation, company or
entity who has a legal interest in the residence or other private
property where a party, gathering or event at which underage consumption
or ingestion of alcoholic beverages or marijuana occurs.
H. "Residence or other private property" shall
mean a home, yard, apartment, condominium, hotel or motel room, or
other dwelling unit, or a hall or meeting room, whether occupied on
a temporary or permanent basis, whether occupied as a dwelling, party
or other social function venue, and whether owned, leased, rented
or used with or without compensation.
I. "Responsible person" means a person or
persons with a right of possession in the residence or other private
property on which a loud or unruly gathering is conducted, including,
but not limited to:
1. An owner of the residence or other private
property;
2. A tenant or lessee of the residence or
other private property;
3. The landlord of another person responsible
for the gathering;
4. The person(s) in charge of the residence
or other private property;
5. The person(s) who organizes, supervises,
officiates, conducts, or controls the gathering or any other person(s)
accepting responsibility for such a gathering.
J. "Underage person" is any person under the
age of twenty-one.
(Ord. 1177, 12/12/2023)
It shall be a violation of this chapter,
and a public nuisance constituting an immediate threat to public health
and safety warranting summary abatement, for any responsible person
to conduct or allow in a residence or other private property any party,
gathering or event constituting a loud and unruly gathering pursuant
to the definition in this chapter where the responsible party knows
or reasonably should know that a loud and unruly gathering is taking
place, causing excessive noise, traffic, obstruction of streets, service
of alcohol or marijuana to minors, public drunkenness, consumption
of illegal substances, fights, disturbances of the peace, vandalism
and litter, and other illegal activity. Prior knowledge of the gathering
is not pre-requisite to a finding that any specific individual is
a responsible person as defined by this section. In the event the
responsible person is an underage person, then the underage person,
and his/her parents or legal guardian, shall be jointly and severally
liable for any penalties incurred pursuant to this chapter.
(Ord. 1177, 12/12/2023)
When a law enforcement officer makes
an initial response to a party, gathering or event at which constitutes
a loud and unruly gathering, the officer shall provide a written notice
to all identified responsible persons at the time of the initial response.
This notice shall include the following information:
A. The official has determined that there is a party, gathering or event at which any one of the prohibited acts listed in Section
9.52.020(E) has been or is taking place;
B. The responsible person(s) will be fined
for a violation of this chapter;
C. If the condition is not abated and an additional
response is required by law enforcement or emergency service providers,
such as emergency personnel or fire, to abate the nuisance, the responsible
person(s) will be billed for any response costs incurred;
D. The responsible person(s) are entitled
to request a hearing to appeal the fine and response costs pursuant
to the procedures set forth in the code.
(Ord. 1177, 12/12/2023)
It shall be a misdemeanor for any
responsible person to knowingly conduct, aid, allow, permit, condone
or otherwise facilitate a loud or unruly gathering at a residence
or other private property.
In addition to law enforcement or
emergency personnel response fines, fines for a violation of this
chapter shall be the following:
A. A first violation of this section shall
be punishable by a three thousand dollar fine.
B. A second violation within a twelve-month
period shall be punishable by a five thousand dollar fine.
C. A third violation within a twelve-month
period shall be punishable by a five thousand dollar fine.
Responding law enforcement officers may also issue an order
requiring the gathering be disbanded and may cite and/or arrest any
law violators under any other applicable ordinances and state statutes.
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(Ord. 1177, 12/12/2023)