Avenal Municipal Code Ch. 18 Parties in Residential

Sections:

5-18.01 Definitions.
5-18.02 Certain noise prohibited.
5-18.03 Notification of liability.
5-18.04 Special security assignment.
5-18.05 Costs.
5-18.06 Collection of costs.
5-18.07 Appeals.
Title 5 PUBLIC WELFARE
Avenal, California, Code of Ordinances
Page 50 5-18.01 Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively: "Incident" means any response by the City of Avenal's Police Department to a loud or unruly assemblage which occurs more than twenty-four (24) hours apart from each other. Multiple responses which occur within twenty-four (24) hours of the first response shall be considered as one incident. "Nonresidential zone" shall include all zones not included within the "residential zone" designation as defined in this section. "Party" or "assemblage" shall mean a group of persons meeting together for social, recreational or amusement purposes. "Residential zone" means residential zones as defined in this Code. (Ord. 97-06 (part), 1997; Res. No. 2010-64, 10-28-2010) 5-18.02 Certain noise prohibited. No person shall make, cause to 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 residential and/or nonresidential zone. (Ord. 97-06 (part), 1997) 5-18.03 Notification of liability. When any loud or unruly assemblage occurs or is held, and the City of Avenal's Police Department is required to respond to the scene, whether or not in response to citizen complaints, and the senior Peace Officer at the scene determined that there is a threat to the public peace, health, safety or general welfare, then the 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 Police Department in response to such assemblage. Notification of liability shall be provided as follows: (a) Such person or persons shall be given a warning in the form of notification by the senior Peace Officer that the costs of any response by the Police Department totaling two (2) or more responses within twenty-four (24) hours at the same location, or totaling four (4) or more incidents within twelve (12) months to the same location, will be charged to such person. (b) Such notice may include a written notice, receipt of which is signed by the owner, responsible person or person in charge. (Ord. 97-06 (part), 1997; Res. No. 2010-64, 10-28-2010) 5-18.04 Special security assignment. The Police personnel necessarily utilized in responding to two (2) or more responses in twenty-four (24) hours, or four (4) or more incidents within any twelve (12) month period at the same location 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

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 51 such assemblage, shall be personally responsible for the costs of such special security assignment in an amount determined upon a cost accounting basis by the City of Avenal, or an agent thereof. (Ord. 97-06 (part), 1997) 5-18.05 Costs. The cost of any such special security assignment as described within this chapter, shall include damage to City/County property and/or injuries to city/county personnel. A fee charged will not be in excess of three thousand dollars ($3,000.00) for a single response and/or incident. (Ord. 97-06 (part), 1997) 5-18.06 Collection of costs. The City of Avenal reserves its legal option to elect any other legal remedies to collect any costs and/or damages assessed under this chapter. (Ord. 97-06 (part), 1997) 5-18.07 Appeals. Persons who are held personally responsible for costs and/or damages under this chapter, may appeal such determination by filing a written notice of appeal with the City Council. The appeal must be filed within fifteen (15) days after receipt of the bill for costs and/or damages of a special security assignment under this chapter. The City Council shall hear and determined the appeal not less than ten (10) days, nor more than thirty (30) days following the filing of the appeal. (a) Persons filing a written notice of appeal with the City Council under this chapter, shall be notified by the City Clerk, by mail at least five (5) days prior to the hearing, of the date and time of the hearing of their appeal. The City Council reserves the right to continue the hearing date where necessary. (b) The City Council, by resolution, may establish rules of procedure for the conduct of hearing appeals. (c) A copy of the order of the City Council shall be mailed to the appellant, and to any other person requesting the same, by the City Clerk within five (5) working days after the hearing. The decision of the City Council shall be final and binding upon all parties to the appeal. (Ord. 97-06 (part), 1997)