Arvin Municipal Code Art. III Enforcement and Abatement

The police department is directed to enforce the provisions of this chapter.

A. Civil Remedy. The Arvin police officers are authorized, pursuant to Chapter 1.09 of this code, to issue an administrative citation to any person when they have reasonable cause to believe that such person has violated this chapter.

B. Process of Abatement of Public Nuisances.

1. First Response—Determination of Nuisance. On the first response to a disturbance in a residential area, the responding Arvin police officer(s) shall determine whether the disturbance constitutes a public nuisance as defined in Section 9.08.040 of this chapter. If the responding Arvin police officer(s) determines that a violation of Section 9.08.040 has occurred, the responding Arvin police officer may, as an alternative to immediate citation of the person(s) responsible for the nuisance, proceed as set forth below in this subsection.

2. First Notice. The responding Arvin police officer shall advise the person(s) creating the disturbance, the occupant of the property where the disturbance is located, and the owner of the property if he or she is present that: (1) the disturbance violates this chapter; (2) unless they voluntarily stop the disturbance during the designated time period, the Arvin police officer(s) will be required to take appropriate action to stop it, including arrest or citation of those violating the law; and (3) if the Arvin police officer(s) is required to expend additional man hours and/or use equipment after the first response to stop the disturbance, the owner and the occupant of the property may be charged the costs of such additional police department man hours and equipment, up to five hundred dollars ($500.00).

3. Second and Subsequent Responses. If, after giving the first notice, the police department receives any additional complaints about a disturbance at the same location within the designated period specified during the first notice, the police department shall respond again to the location of the disturbance. If the responding Arvin police officer(s) determines that the disturbance continues to constitute a public nuisance as described in Section 9.08.040, the responding Arvin police officer(s) shall take appropriate actions to immediately abate the nuisance, including, but not limited to, the issuance of an administrative citation of any person(s) violating the law.

Said notice shall be given to the occupant of the property and to the owner if he or she is present in written form substantially as follows:

NOTICE;eol;FIRST RESPONSE;eol;NOISE DISTURBANCE PROHIBITED BY LAW

NOTICE;eol;FIRST RESPONSE;eol;NOISE DISTURBANCE PROHIBITED BY LA>

This NOTICE OF VIOLATION given to _______(Name) ___________(DOB) at ___________, Arvin, CA (Location) ___________(Phone Number) on ________(Date) at _______(Time) is the result of a noise disturbance in violation of Chapter 9.08.040 of the City of Arvin Municipal Code.

If it is necessary for the Police Department to respond a second or subsequent time to stop the disturbance at this location, during the time period of ___________ (describe the hours in which the conduct is prohibited or write "any time" if the conduct is never permitted,) the owner of the property and the occupant of the property may be issued an administrative citation and charged for all personnel and equipment costs incurred in such second and subsequent responses, up to $500.

4. Nuisance Remedy Not Exclusive. Nothing herein shall affect the authority of the police department and its police officers to make lawful arrests at any time, including on the first response to a disturbance constituting a nuisance as defined in this chapter.

(Ord. 364 §1(part), 2005).