Delano Municipal Code Ch. 9.37 Loud or Unruly Events

The purpose of this chapter is to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second or subsequent response to a loud or unruly event from the person or persons responsible for such event or multiple responses to multiple loud or unruly events at the same address.

Further, this chapter is intended to deter the service to, and consumption of alcoholic beverages by underage persons. This purpose is implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) for loud or unruly events where alcoholic beverages are served to or consumed by, underage persons.

A violation of this chapter shall be a civil offense separate from any potential criminal implications. As such, violators may be subject to the civil remedies available to the City of Delano, such as fines, restitution and abatement measures. Further, unlike criminal offenses, a violation of this chapter does not carry the possibility of incarceration.

(Ord. 2008-1181 § 1(part), 2008).

The city council finds as follows:

A. That personnel from this city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter.

B. That frequently, police and fire department personnel are required to respond a second or multiple times to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated and that frequently, a response is required because those responsible failed to take the steps necessary to terminate such unlawful conduct.

C. That frequently, police and fire department personnel are required to respond multiple times to the same address for multiple loud or unruly events after warning the person or persons responsible for such events that they are being conducted in an unlawful manner and that frequently, a response is required because those responsible failed to take the steps necessary to prevent the occurrence of further unlawful events at that address.

D. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event that costs incurred by the city for the police and fire department personnel participating in a second or subsequent response to an address in those situations in which such person or persons were duly warned at the time of the initial response that a service fee would be assessed against them if further responses were required due to the continuation of the unlawful event or the occurrence of future unlawful events.

E. That the occurrence of loud and unruly events were alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at events that are under the control of a person who knows, or should know, of the underage consumption of alcohol.

F. That in many cases, persons having possession or control of property who are responsible for the occurrence of loud or unruly events on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons that these events. Furthermore, problems associated with loud or unruly events where alcoholic beverages are served to, consumed by underage persons are difficult to prevent and deter unless the Delano police department has the legal authority to direct the host to disperse the gathering.

G. That law enforcement, fire and other emergency response services personnel have and are required to, respond, sometimes on multiple occasions in the same calendar year to loud and unruly events resulting in a disproportionate expenditure of public safety resources and delaying official responses to regular and emergency calls in the rest of the city. Additionally, underage drinking at such events has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault.

(Ord. 2008-1181 § 1(part), 2008).

For purposes of this chapter, the following terms are defined as follows:

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purpose either alone or when diluted, mixed, or combined with other substances.

"Juvenile" means any person under eighteen years of age.

A "loud event" means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.37. "Persons responsible," for purpose of this chapter, means a person over the age of eighteen shall be considered to be responsible for an event if:

1. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property;

2. Such person is entitled to the use of any public property or, which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or

3. Such person accepts responsibility for the event.

A responsible person for a loud or unruly event need not be present at such event resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly event is not a prerequisite to a fining that any specific individual is a responsible person as defined by this section.

"Underage person" means any person under twenty-one years of age.

An "unruly event" is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the state.

(Ord. 2008-1181 § 1(part), 2008).

Every owner, occupant, lessee or holder of any possessory interest of a property within the city is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding this property.

(Ord. 2008-1181 § 1(part), 2008).

Where personnel from the city police or fire department responding to a loud or unruly event determine that the event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person or persons for the loud or unruly event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of and/or observed at the event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time or a subsequent time to the same address within a twenty-four-hour period because of the same event or another event by reason of the fact that the event continues to be conducted in an unlawful manner or by reason of the fact that future events are loud or unruly events as defined in Section 9.37.030 of this chapter, such person or persons may be assessed a service fee for the city's second or subsequent response costs in the amount provided for by this chapter. Such warning shall also state that the service fee, if any, shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such response or responses. Any person issued a written warning in the manner provided for by this section shall sign the warning acknowledging receipt thereof. At a loud or unruly event where alcohol is served to an underage person or persons in violation of Section 9.37.110 of this chapter, an administrative citation for violation of Section 9.37.110 may be issued in addition to a warning for the loud or unruly event.

(Ord. 2008-1181 § 1(part), 2008).

Any person or persons responsible for a loud or unruly event shall be civilly liable to the city for a service fee arising out of a second or subsequent response which is made by the city police or fire department to an address where:

A. Any member of the police or fire department initially responded to the same address within a consecutive twenty-four-hour period after a written warning has been given to the responsible person as defined in Section 9.37.030 of this chapter;

B. At the time of making such initial response, personnel from the city police or fire department warned such person or persons, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time or multiple times to the address because of the same loud or unruly event or other loud or unruly events, a service fee for the city's response; and

C. Following such initial response, the city police or fire department were required to respond a second or subsequent time to the same address by reason of the fact that either the event continued to be conducted in an unlawful manner, or another loud or unruly event was held in an unlawful manner at the same address, notwithstanding such previous written warning.

(Ord. 2008-1181 § 1(part), 2008).

In addition to the penalties provided for in Section 9.37.110 of this chapter, when appropriate, the city may assess the service fee specified in this chapter if the city has satisfied all the conditions stated in Section 9.37.060.

(Ord. 2008-1181 § 1(part), 2008).

The amounts of all fees to be assessed as a result of a violation of this chapter shall be set by resolution. If the chief of police or his designee determines that a second response or subsequent response has been made to a loud or unruly event within a twenty-four-hour period following the initial response to the same address, the chief of police or his designee may assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this chapter. Such service fee shall be consistent with the actual costs incurred by the city for all of the police and/or fire department personnel participating in the second, or subsequent response, or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same response to a loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee. Each response by city police or fire department personnel is a separate event, and a corresponding serve fee may be assessed for each such response that occurs within thirty days after an initial warning is given.

(Ord. 2008-1181 § 1(part), 2008).

Upon a determination to assess a service fee or fees against a person or persons responsible for a loud or unruly event or events, the chief of police or his designee shall cause notice of the assessment to be served on such person or persons by depositing such notice, first class postage prepaid in the United States mail addressed to each person at each person's last known address, in addition to setting forth the amount of the service fee.

(Ord. 2008-1181 § 1(part), 2008).

Every service fee assessed upon a person or persons responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a service fee or fees to pay such fee when due a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee or fees. In addition, in the event of the failure of a person assessed a service fee or fees to pay such fee or fees when due, such person shall be assessed interest on the amount of the delinquent fee or fees, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee or fees first became delinquent until the date the fee or fees is paid.

(Ord. 2008-1181 § 1(part), 2008).

A. It is a civil 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 a loud or unruly event at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Such a violation subjects any and all responsible persons to a civil money penalty as established by resolution. Each responsible person found in violation of this section will be individually subject to the full civil money penalty of one thousand dollars, irrespective of the number of persons held liable for the same event.

B. Nothing in this section shall be construed as a waiver by the city of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. Imposition of a service fee or fees under Section 9.37.060 of this chapter is separate from the civil penalty of this section and may be imposed in addition to the penalty described in this section.

C. Any loud or unruly event at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the police department by all reasonable means including, but not limited to, an order requiring the event to be disbanded and citation under this chapter as well as an administrative citation and/or arrest of any law violators under any other applicable ordinances and state statutes.

D. The city attorney and the Delano police department are authorized to administer and enforce the provisions of the section. The city attorney and the Delano police department may exercise any enforcement powers provided by law executing this section.

E. The Delano police department shall issue a citation to any persons found responsible for the loud or unruly event involving service to or consumption of alcohol by underage individuals. The citation will be issued at the location of such an event, at which time the responsible person(s) shall sign his/her name to acknowledge its receipt.

(Ord. 2008-1181 § 1(part), 2008).

This chapter shall not apply to activities protected by Article I, Section 4 of the California Constitution.

(Ord. 2008-1181 § 1(part), 2008).

A. A responsible person who is subject to civil liability or a penalty pursuant to Section 9.37.060 or 9.37.110 may contest by filing an appeal with the city manager, or his designee, within ten days from the date of the issuance of the administrative citation or service fee mailing.

B. The city manager, or designee, may reverse, affirm wholly or partly, or modify the administrative penalty or service fee. The decision of the city manager, or his designee, on any such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons.

(Ord. 2008-1181 § 1(part), 2008).

The city or its agent may use all legal means to enforce the assessment of any service fee or fees or administrative penalty or penalties. The city or its agent may use all legal means to enforce any judgment obtained against the responsible parties including, but not limited to, recording an abstract of judgment and wage garnishment.

(Ord. 2008-1181 § 1(part), 2008).