El Segundo Municipal Code Ch. 12 Loud or Unruly Gatherings

A. Loud or unruly social gatherings frequently become public nuisances since they interfere with the comfortable enjoyment of life, property, and threaten public safety. All such activities detrimentally affect the neighbors that surround these nuisances.

B. Frequently, these loud or unruly gatherings create opportunities for crimes against persons, public peace and property. The City has, both now and in the past, responded to Code violations multiple times for enforcement actions.

C. In addition, the public services required for responding to incidents that occur as a consequence of unruly gatherings (for example, driving while intoxicated, increased social violence, and incidents of sexual assault) are also disproportionately greater than what is required within the City's jurisdiction.

D. It is in the public interest to establish procedures for recovering costs incurred by the City when enforcing any provision of this Code through inspections, nuisance abatement, or other similar, administrative or judicial means.

E. Nothing contained in this chapter is intended to, nor will it, interfere with any California law provision that regulates activities identified by this chapter; it is intended only to enact measures that are different from, or supplement, California law to further restrict acts associated with loud or unruly gatherings. (Ord. 1568, 6-19-2018)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

CITATION: Means an administrative citation issued pursuant to title 1, chapter 2A of this Code.

CODE ENFORCEMENT OFFICER: Has the same meaning as in section 1-2A-3 of this Code.

LOUD OR UNRULY CONDUCT: As used in this chapter, includes any of the following conduct if in violation of any provision of this Code or State law:

A. Loud noise;

B. Obstruction of a street or public right-of-way, including a sidewalk or driveway;

C. Public intoxication or drinking in public;

D. Assault, battery, fights, domestic violence or other disturbances of the peace;

E. Vandalism or destruction of property;

F. Litter;

G. Urinating or defecating in public;

H. Trespassing; or

I. Illegal drug use.

Loud or unruly conduct does not include any activity that is protected by article 1, section 4 of the California Constitution, or protected by the First or Fourteenth Amendments to the United States Constitution.

LOUD OR UNRULY GATHERING: Means a gathering of persons at any residence where loud or unruly conduct occurs at the residence and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.

PERSON: Means an individual or any firm, association, organization, partnership, trust, business, corporation, company or entity.

RESIDENCE: Means any lot in a residential zone, and includes any garage, carport, walkway, yard, patio, deck, or other structure or area on said lot, whether owned, leased, rented or used with or without compensation. The term "residence" also includes any sidewalk, street or alleyway which abuts the lot.

RESPONSIBLE PARTY: Means:

A. Any person(s) with a right of possession or ownership interests in the residence where a loud or unruly gathering occurs; or

B. Any person who organizes, supervises, officiates, conducts, or controls the gathering or any other person(s) accepting responsibility for such a gathering at a residence. (Ord. 1568, 6-19-2018)

Loud or unruly gatherings are prohibited and constitute a public nuisance subjecting the owner and/or responsible party to fines and/or penalties under this section. The City may abate a loud or unruly gathering by all available means, including, but not limited to, an order of a peace officer requiring individuals at the loud or unruly gathering to leave the residence, the issuance of a citation, and/or the arrest of anyone committing a criminal violation under this section or any other applicable State or local law. (Ord. 1568, 6-19-2018)

A peace officer responding to a loud or unruly gathering must post, on the front entrance of the residence at which the loud or unruly gathering occurs, a notice stating:

A. The name and agency of the officer who responded to the loud or unruly gathering;

B. The address of the residence and the date of the loud or unruly gathering, along with a description of the loud or unruly conduct observed; and

C. That it is unlawful to alter, tamper with or deface this notice, or remove it prior to thirty (30) days from the date of the posting. (Ord. 1568, 6-19-2018)

A. Referral To Code Enforcement Officer: A copy of any notice caused to be issued by a peace officer during the enforcement of this chapter will be referred to the Director of Community Development, or his/her designee. Once referred, the Code Enforcement Division will be responsible for processing, investigating and implementing the citation. However, the peace officer who issued the citation may be required to submit evidence and/or attend any administrative hearing pertaining to the citation, if necessary.

B. Notice: The Code Enforcement Officer must serve on all responsible parties a copy of the notice posted pursuant to subsection A of this section. The delivery of the notice must be by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid. Notice to the property owner must be sent to the address shown on the County’s last equalized Property Tax assessment roll.

C. Administrative Process Applicable To Citations: Unless otherwise specified herein, all citations issued for violations of this chapter will be subject to the provisions set forth in title 1, chapter 2A of this Code, including, but not limited to, the administrative hearing and appeal process. (Ord. 1568, 6-19-2018; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

A. Administrative Fines: Any person who alters, tampers with or defaces a posted notice issued pursuant to this chapter, and/or who violates section 7-12-3 of this chapter may be subjected to administrative fines and penalties. Penalties will be established by City Council resolution. Any violation which arises within twelve (12) months from the date of the first violation will trigger escalating penalty amounts, as established by City Council resolution. A violation occurring after a period of twelve (12) consecutive months of no violations will be considered a first violation.

B. Penalties To Same Party: Any escalated penalty amounts will apply to the same responsible party, regardless of whether different residences throughout the City are utilized as venues for loud or unruly gatherings.

C. Fine For Removal Of Posted Notice: Any person who alters, tampers with or defaces a posted notice issued pursuant to this chapter will be subject to an administrative fine of five hundred dollars ($500.00).

D. Civil Or Criminal Proceeding: Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available under any other statute, ordinance or law (civil or criminal), to correct conduct regulated by this chapter in addition to or as alternatives to the procedures set forth herein. This chapter in no way limits the authority of law enforcement personnel to make arrests for any criminal offense arising out of conduct regulated by this chapter. (Ord. 1568, 6-19-2018)