Los Angeles Municipal Code § 41.58 Loud Party Second Response Fee

(Title and Section amended by Ord. No. 167,133, Eff. 9/1/91.)

(a) Definitions.

Unless the context or subject matter otherwise requires, terms defined herein shall have the following meaning when used in this section:

1. Board. The Board of Police Commissioners.

2. Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.) The Office of Finance of the City of Los Angeles.

   3. Department. The Los Angeles Police Department.

   4. First Response Notice. A notice issued by a police officer pursuant to this section advising a Responsible Person that a Loud Party is taking place and that the disturbance must cease.

   5. Loud Party. Any party, gathering or event where a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare.

   6. Responsible Person. The person or persons who own, lease, reside or is in charge of the premises where the Loud Party, takes place; or the person or persons who organized the Loud Party. If the

   Responsible Person is a minor, then the parents or guardians will also be considered a Responsible Party and be jointly and severally liable for the Second Response Service Fee imposed by this section.

   7. Second Response Notice. A notice issued by a police officer pursuant to this section assessing a Second Response Services Fee for a second, or subsequent, response to a Loud Party.

   8. Second Response Service Fee. A fee imposed pursuant to this section to recover Special Security Costs.

   9. Special Security Assignment. The assignment of Department personnel and equipment during a second, or subsequent, response to a Loud Party after the issuing of a First Response Notice.

   10. Special Security Costs. Costs of services provided by the Department associated with a Special Security Assignment which may include personnel and equipment costs, damage to City property and injuries to City personnel.

(b) Authorization to Assess a Second Response Service Fee.

Whenever a Loud Party occurs, a police officer may issue a First Response Notice to a Responsible Person that the disturbance must cease. A second, or subsequent, response by a police officer, upon the issuing of a Second Response Notice, may result in the imposition of a Second Response Service Fee to recover Special Security Costs.

(c) Duties of Board.

l. The Board shall determine a Second Response Service Fee schedule, subject to approval by the City Council by order or resolution, which shall be based upon the existing Special Security Costs incurred by

the Department.

2. The Board shall revise the Second Response Service Fee, subject to approval by the City Council by order of resolution, whenever Special Security Cost data developed by the Department requires adjustment in the Second Response Service Fee.

3. No fee imposed pursuant to this section is authorized until the Board has approved the Department’s implementation procedures, notices, and appeals procedures

(d) Duties of the Department.

l. The Department shall develop written procedures to provide for training and the uniform implementation of the Loud Party Second Response Fee Ordinance.

2. The Department shall develop a First Response Notice, a Second Response Notice, and any other form or document necessary to carry out the purposes of this section.

3. The Department shall develop a post Second Response Notice administrative appeal hearing procedure to determine whether the Second Response Service Fee was assessed to the proper Responsible Person or was properly issued. The hearing shall be held in the Division where the Second Response Notice was issued.

(e) Duties of the Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.)

1. The Office of Finance shall bill the Second Response Service Fee as reported by the Department. The bill shall be due and payable to the Office of Finance within fifteen days of the billing date.

2. If the Office of Finance determines for any billing that a discrepancy exists between the service fee paid and the amount billed which results in an underpayment or overpayment in an amount of three dollars or less, the Office of Finance may accept and record the billing as paid in full without other notification to the person billed.

3. If the Office of Finance determines that any amount of the service fee billed hereunder cannot be collected or that efforts to collect would be disproportionately costly in relation to the probable outcome of the collection efforts, the Office of Finance may prepare a report setting forth the findings and reasons therefor and request that the Board of Review authorize the removal of any unpaid amount from the active accounts receivable of the Department pursuant to Section 11.04 of this Code. Upon unanimous approval of the Board of Review, the Office of Finance may remove from the active accounts receivable any service fee owing. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the Office of Finance. Any removal, however, shall not preclude the Office of Finance from collecting or attempting to collect any such sum that later proves to be collectible as provided by Section 11.04.

4. At least monthly the Office of Finance shall report to the Department the outstanding accounts receivable, collections and service fee(s) written off.

(Added by Ord. No. 185,451, Eff. 4/15/18.)

(a) Definitions.

1. “Citation” means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code, unless otherwise specified.

2. “Enforcement Officer” shall have the same meaning as in Section 11.2.02 of this Code.

3. “Loud or Unruly Conduct”, as used in this section, 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;

   C. Public intoxication or drinking in public;

   D. The service of alcoholic beverages to minors;

   E. Possession and/or consumption of alcohol by minors;

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

   G. The sale or service of alcoholic beverages without a required State license;

   H. Vandalism or destruction of property;

   I. Litter;

   J. Urinating or defecating in public; or

   K. Trespassing.

4. “Loud or Unruly Gathering” means a gathering of persons at any Residence where Loud or Unruly Conduct occurs at the Residence or within 500 feet of the Residence, and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.

5. “Minor” means any person under 21 years of age.

6. “Owner” means any person who owns the Residence where a Loud or Unruly Gathering occurs.

7. “Person” means an individual or any firm, association, organization, partnership, trust, business, corporation, company or entity.

8. “Residence” means any “residential building,” as that term is defined in Section 12.03 of this Code, and includes any garage, carport, walkway, yard, patio, deck, or other structure or area on the lot on which the residential building is located.

9. “Responsible Party” means:

A. Any person who rents, leases or otherwise is in charge of the Residence where a Loud or Unruly Gathering occurs; or

B. Any person who organizes or sponsors a Loud or Unruly Gathering at a Residence.

(b) Loud or Unruly Gatherings Prohibited. Loud or Unruly Gatherings are prohibited and shall 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 persons at the Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or the arrest of any person committing a criminal violation under this section or any other applicable State or local law.

(c) Posting of Notice Regarding a Loud or Unruly Gathering. An Enforcement Officer responding to a Loud or Unruly Gathering shall post or attach, on the front entrance of the Residence at which the Loud or Unruly Gathering occurs, a notice meeting the following requirements:

1. The notice shall state, at a minimum:

   A. The name and agency of the Enforcement 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;

   C. That Loud or Unruly Gatherings may result in the imposition of fines and/or penalties against any Responsible Party and/or Owner; and

   D. It is unlawful to alter, tamper with or deface the notice, or remove it prior to 30 days from the date of the posting.

   2. The notice shall be a minimum of 8 ½" x 11" in size, have black letters on contrasting background white or colored paper, and be made of durable laminated or other weather resistant material.

(d) Removal of Posted Notice Prohibited.

1. It shall be unlawful for any person to alter, tamper with or deface a posted notice described in Subdivision (c), or remove it prior to 30 days from the date of the posting.

2. If a posted notice is altered, tampered with, defaced, or removed prior to 30 days from the date of posting, the notice shall be replaced and a new 30-day posting period shall commence on the date of
replacement.

(e) Notice to Owner. A copy of the notice posted pursuant to Subdivision (c) of this section shall be served on the Owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(f) Citation Issued to Owner Absent During the Loud or Unruly Gathering. An Owner not present during the Loud or Unruly Gathering may be issued a Citation for any subsequent violation of Subsection (b) after personal service of the notice in Subsection (e) or, if the notice is only mailed, ten (10) calendar days after the mailing of the notice to the Owner pursuant to Subsection (e). The Citation to the Owner not present during the Loud or Unruly Gathering may be issued by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(g) Citation. An Enforcement Officer may issue a Citation to the Owner and/or Responsible Party for a violation of Subsection (b) or (d) of this section.

(h) Fines and Penalties for Violations.

1. An Owner and/or Responsible Party issued a Citation in violation of Subsection (b) of this section shall be subject to the following fines:

   A. An administrative fine of $100 for a first violation;

   B. An administrative fine of $500 for a second violation;

   C. An administrative fine of $1,000 for a third violation;

   D. An administrative fine of $2,000 for a fourth violation;

   E. An administrative fine of $4,000 for a fifth violation; and

F. An administrative fine of $8,000 for a sixth violation and $8,000 for each subsequent violation.

G. A violation occurring after a period of 12 consecutive months of no violations shall be considered a first violation.

A Responsible Party and/or Owner shall be subject to these escalating administrative fines for subsequent Loud or Unruly Gatherings even if at different Residences associated with the Responsible Party and/or owned by the Owner.

2. Fine for Removal of Posted Notice. Any person in violation of Subsection (d) of this section may be issued a Citation subject to an administrative fine of $500.

(i) Administrative Process Applicable to Citations. Unless otherwise specified herein, all Citations issued for violations of this section shall be subject to the provisions set forth in Article 1.2 of Chapter 1 of this Code, including, but not limited to, the administrative hearing and appeal process and the City’s authority to use any civil remedy available to collect any unpaid administrative fine.

(j) Criminal and Other Remedies Available. Any violation of Subsection (b) or (d) of this section may be prosecuted as a misdemeanor. In cases where the City Attorney elects to criminally prosecute a violation, the defendant shall be subject to all applicable penalties authorized by Section 11.00(m) of this Code, and not the administrative fines authorized by this section.

(k) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalidated provisions, and to this end, the provisions of this section are declared to be severable.