Huntington Park Municipal Code Ch. 33 Parties or Assemblages

The following definitions shall govern the construction of this chapter:

"Alcohol"

shall have the meaning given to that term under State law.

"Alcoholic beverage"

shall have the meaning given to that term under State law.

"Assemblage" or "party"

means any party, gathering, or event of three or more persons meeting together for social, recreational or amusement purposes.

"Noise"

means any noise created, made, maintained, or produced, by, through, or on account of the operation, starting, manipulation, use, movement, working, handling, or maneuvering of any device, appliance, apparatus, equipment, object, or thing, mechanical or otherwise, within the City by any person, and which noise is of sufficient loudness, intensity, or character and/or of such continuance or recurrence as to disturb the peace or quiet of any neighborhood within the City.

"Person in charge" or "responsible person"

means and includes, but is not limited to: (1) the person(s) who owns, rents, leases or otherwise has control or right of possession of the residence or other private property where the assemblage takes place; (2) the person(s) in charge of the premises; (3) the person(s) who organized, supervised, officiates, conducts or controls the assemblage; (4) the person(s) receiving money or other consideration for granting access to the assemblage; or (5) any other person(s) who accepts responsibility for such assemblage.

"Residence or other private property"

means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, or for a party or other social function, and whether owned, leased, rented, or used with or without compensation.

"Underage person"

for purposes of this chapter means any person under the legal drinking age of 21 years old.

(§ 1, Ord. 472-NS, eff. May 2, 1990, as amended by § 2, Ord. 870-NS, eff. October 6, 2011, and § 2, Ord. 2019-976, eff. July 18, 2019)

(a) It is unlawful to charge admission to any party or assemblage conducted in a residential zone in the City.

(b) It is unlawful to charge for alcoholic beverages at any party or assemblage conducted in a residential zone in the City.

(§ 1, Ord. 472-NS, eff. May 2, 1990)

(a) Prohibited Conduct. No person shall cause or permit loud or unruly conduct on private property to disrupt the public peace. Noise that exceeds 55 dBA at a distance of ten (10′) feet or more from the property line, shall be deemed to disrupt or disturb the peace. Law enforcement personnel may determine the provisions of this chapter have been violated without receipt of a preceding complaint.

(b) Loud or disruptive parties or assemblages include, but are not limited to, conduct such as: excessive traffic, obstruction of public streets, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages; service to, or possession or consumption of alcohol or alcoholic beverage(s) by, any underage participant, except as permitted by State law; assaults, batteries, fights, domestic violence or other disturbance of the peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, or quiet enjoyment of residential property. Loud or unruly conduct does not include any activity that is:

(1) Protected by Article 1, Section 4 of the California Constitution;

(2) Protected by the First or Fourteenth Amendments to the United States Constitution; or

(3) Regulated by the California Alcoholic Beverage Control Act.

(c) Enforcement. When law enforcement personnel at the scene determine that the provisions of this chapter have been violated, such law enforcement personnel are authorized to take all necessary enforcement actions, including any of the following:

(1) Arrest and/or issue a citation to the person in charge or responsible person;

(2) Direct the person in charge or responsible person to immediately terminate the activity and/or conduct that is causing the disruption to public peace; and

(3) Issue a written notice to the responsible person that if within a 30 day period after the initial response law enforcement personnel are again required to respond to the property to address a violation of this chapter, then the responsible person shall be liable for payment of all costs and expenses incurred by law enforcement personnel during second or subsequent responses in accordance with subsection (c).

(d) Response Cost. When any loud or disruptive party or assemblage occurs or is held, and it is determined that there is a disruption to the public peace, health, safety or general welfare, the person in charge of the premises and/or the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of the minor(s), will be held jointly and severally liable for the cost of providing the City of Huntington Park Police Department personnel for special security assignment over and above the services normally provided by the department. The City personnel utilized at the site during a second response after the first warning is issued to control the disturbance to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided.

The costs of such special security assignment may include costs of personnel, damages to City property and/or injuries to City personnel. The charges assessed will be the actual cost of service for controlling the disturbance and restoring the public peace, health, safety or general welfare, including costs incurred at the location of the disturbance and any other costs attributable to police work resulting from the disturbance.

(1) In addition, charges for damage to public property shall be determined by an official written estimate from the City. The City reserves its legal option to elect any other legal remedies when deemed necessary.

(2) The City will, when approved for implementation, bill the responsible party or parties, for costs of providing the special security assignment, plus an additional 25% of the actual costs for administrative overhead to process the bill and collect the charges. Failure to pay the charge, as billed by the City, shall be deemed a violation of this chapter.

(§ 1, Ord. 472-NS, eff. May 2, 1990, as amended by § 1, Ord. 521-NS, eff. May 5, 1993, § 3, Ord. 870-NS, eff. October 6, 2011, and § 3, Ord. 2019-976, eff. July 18, 2019)