Colton Municipal Code Ch. 9.16 Disturbing the Peace

A. Prohibition. Notwithstanding any other provisions of this Code and in addition thereto, it Shall be unlawful and is hereby declared a Public Nuisance for any Person or entity to willfully make, suffer, Permit, continue, or cause to be made or continued, any loud, unnecessary, and unusual Noise or any disturbance, commotion, gathering or event, which disturbs or tends to disturb the peace or quiet of any neighborhood or which causes or tends to cause discomfort or annoyance to any reasonable Person of normal sensitivity within the area.

B. Standards. The standards which May be considered in determining whether Violation of the provisions of this section exists May include, but not be limited to, the Following:

1. Noise:

a. The level of the Noise;

b. Whether the nature of the Noise is usual or unusual;

c. Whether the origin of the Noise is natural or unnatural;

d. The level and intensity of the background Noise, if any;

e. The proximity of the Noise to residential sleeping facilities;

f. The nature and zoning of the area within which the Noise emanates;

g. The density of the inhabitation of the area within which the Noise emanates;

h. The time of the Day and Night the Noise occurs;

i. The duration of the Noise;

j. Whether the Noise is recurrent, intermittent, or constant; or

k. Whether the Noise is produced by a commercial or noncommercial activity.

2. Public Safety:

a. The number of Persons present in relation to the location Used;

b. The effect on nearby Pedestrian traffic;

c. The effect on nearby vehicular traffic or parking or both;

d. The extent of past threats to public safety at the particular location or at gatherings or events held or attended by the same individual or individuals or both; or

e. The presence of alcohol at the gathering or event.

C. Public Safety Service Fee.

1. In addition to any penalty or other remedy provided by Law, including without limitation this Code, a public safety service Fee May be imposed when:

a. A Peace Officer or any other City Employee charged with enforcing this Code has given Written Notice to a Person or entity responsible for a Violation of this section that such Person or entity is in Violation of the Law; and

b. A subsequent Peace Officer or any other City Employee charged with enforcing this Code is required to respond to the same Violation to control a threat to public peace, safety and welfare.

2. The service Fee, which May be established hereafter by Resolution of the City Council, May be collected by either of the Following alternatives:

a. A monetary judgment against the Person responsible for the Violation;

b. A Nuisance abatement lien or assessment against the Real Property at which the Violation occurs. If this alternative is Used, the Peace Officer or Colton Code Enforcement Officer Shall provide any Owner, lessee, agent, Occupant and Person having charge or control of the Real Property at which the Violation occurs with a Notice pursuant to Section 8.04.070 informing such Person or entity of a reasonable time frame within which to abate such Violation, which time frame may, notwithstanding Section 8.04.070, be less than seven Days. Said Notice Shall further inform such Person or entity that the City Shall hold a hearing in accordance with the procedures set forth in Section 8.04.100 to establish the City's right to recover the service Fee as either a Nuisance abatement lien or assessment;

c. As a criminal fine imposed in addition to any other fine authorized by Law.

3. The Chief of Police or his or her Designee Shall cause appropriate billings to be sent to the Person responsible for a public safety service Fee. Each Person responsible for the Violation for which a public safety service Fee is imposed under this section Shall be jointly and severally liable for the public safety service Fee. Where a Person responsible for a public safety service Fee is a Minor, the Parent or guardians Shall be jointly and severally liable for the public safety service Fee. Where there is more than one Person responsible for a Violation of this section, the Chief of Police or Designee May in his or her discretion bill each such Person for the portion of the public safety service Fee that is attributable to such Person's actions in causing the Violation of this section.

4. Any Person owing a public safety service Fee pursuant to this section Shall, in addition, be liable to the City for the City's Attorneys' Fees and costs in any action brought by the City to recover such amount or otherwise enforce this section, whether through a civil, criminal or administrative action or proceeding; provided however, that should the City chose to collect the public safety service Fee as a special assessment, the prevailing Party Shall be entitled to Attorneys Fees' and costs in any action, administrative proceeding, or special proceeding relating thereto.

D. Violations. Any Person or entity found violating this section Shall be subject to the imposition of an administrative fine and penalty pursuant to Section 8.12.030(A)(1), provided however, that notwithstanding Section 812.030(A)(1), additional Administrative Citations May be issued and fines imposed for every hour or other interval of time provided by the citing official during which the Violation continues uncorrected. Any gathering in Violation of Section 9.16.010(C) Shall be deemed an unlawful assembly.

(Ord. 0-21-01 § 1, 2002: Ord. 838 § 1, 1953)