Mission Viejo Municipal Code Ch. 11.24 Multiple Responses to Loud or Disruptive Parties, Gathering or Events

Footnotes:

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Editor's note— Ord. No. 13-299, § 2, adopted Nov. 4, 2013, set out provisions intended for use as ch. 11.23. Inasmuch as ch. 11.23 already existed in the Code and concerned a different subject matter, at the editor's discretion these provisions have been included as a new ch. 11.24.

For the purpose of this article, the following definitions shall apply:

A. "Loud, disruptive, raucous or unusual conduct or activity" means conduct arising from parties, gatherings or events that includes, but is not limited to, excessive noise, excessive traffic, obstruction of public streets and/or presence of unruly crowds, public drunkenness or other disturbances of the peace, vandalism, litter, or any other atypical conduct which constitutes a threat to public health, safety or quiet enjoyment of residential property or the general welfare.

B. "Police services fees" means the actual costs incurred by the city on the following items, limited to the following mandatory sums:

1. First response and warning: no charge. (No police services fee shall be imposed unless the warning specified in this chapter has first been issued). The responding law enforcement personnel is expected to use professional discretion as to the need to utilize this chapter, whether alone or together with other grounds for enforcement.

2. First response after warning has been issued: $250.00.

3. Second response after warning has been issued: $500.00.

4. Third response and all additional after warning has been issued: $750.00.

The police services fee is cumulative, so that as an example, five responses after the first warning shall result in a total of police services fee of $3,000.00 ($250.00, plus $500.00, plus $750.00, plus $750.00, plus $750.00).

C. "Parties, gatherings or events" means a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or rented public property. Notwithstanding any other factor, actions and activities protected by the First Amendment of the United States Constitution shall not be subject to this chapter.

D. "Person responsible for the event" or "responsible person" means and includes, but is not limited to:

(1) The person who owns, rents, leases or otherwise has control of the premises where the loud or disruptive party, gathering, or event occurs; and/or

(2) The person in charge of the premises; and/or

(3) The person who organized the event; and/or

(4) The person who supervised the event.

E. Time of applicability. This chapter shall only be utilized and residents cited for violation hereof between the hours of 10:00 p.m. and 6:00 a.m. At all other times other grounds for enforcement shall be utilized.

(Ord. No. 13-299, § 2, 11-4-13)

Police initially responding to a loud or disruptive party, gathering or event on private or public property may issue a written warning to the person(s) responsible for loud party, gathering, or event. Such warning shall contain the substance of the following statement: "If the City of Mission Viejo designated police are required to respond again to this location due to a loud or disruptive party, gathering, or event within the next twelve hours, then the person(s) responsible for such party, gathering or event shall be assessed a Police Services Fee in accordance with Mission Viejo Municipal Code Chapter [11.24]. The City may prepare forms to be utilized to give this notice or the notice may be given verbally if circumstances warrant due to the lack of a certain and specific property, or both, in the discretion of the police."

(Ord. No. 13-299, § 2, 11-4-13)

(a) If police are required to respond to a call for service regarding a loud or disruptive party, gathering or event at a particular location for a second or subsequent time within a 12-hour period after a warning has been issued, then for each such response a police services fee shall be assessed against the person(s) responsible for the loud or disruptive party, gathering or event. Each person responsible for said party, gathering or event shall be jointly and severally liable for the police services fee, provided, however, that if any such person is a minor, then the parents or legal guardians of such minors shall be jointly and severally liable in the minor's place.

(b) An itemized bill shall be sent to every person assessed a police services fee. In its discretion, the city may delegate preparation of the itemized bill to a public entity designee.

(c) A police services fee imposed pursuant to this chapter shall be paid in full within 30 days of the billing date unless a written appeal is filed in accordance with section 11.23.040. The city may, pursuant to law, impose a lien on the property, including real property, to recover the monies due.

(d) No police services fee shall be assessed in a circumstance when law enforcement, upon its second or additional arrival at a property, does not observe or otherwise detect loud, disruptive, raucous or unusual conduct or activity.

(e) No police services fee shall be assessed against an absentee owner of a single or multiple unit structure, residential or commercial, unless the owner is present and given notice pursuant to this chapter. Further, all multiple unit properties shall not be subject to the use of the lien process to collect a police services fee. All cost recovery for a person cited under this chapter for activity in a unit of a multiple unit complex shall be solely by personal action against the cited person(s).

(Ord. No. 13-299, § 2, 11-4-13)

Any person assessed a police services fee may, by filing a written request within 15 days of the billing date, appeal the amount of such fee to the city manager or designee. The city manager shall conduct a hearing on timely-filed appeals, and may affirm or reduce the amount of the fee. The hearing shall be conducted pursuant to the greatest respect for due process of the parties and in accord with the nuisance appeals procedures in the Mission Viejo Municipal Code. No reduction shall be granted unless the appellant establishes either: (i) an accounting error has been committed; (ii) there are mitigating circumstances warranting leniency; or (iii) there is no evidence that loud, disruptive, raucous or unusual conduct or activity occurred. The decision of the city manager shall be in writing and shall be final. The full amount of any police services fee assessment upheld by the city manager shall be paid within 15 days of the city manager's decision.

(Ord. No. 13-299, § 2, 11-4-13)

(a) The procedures provided for in this chapter are in addition to any other statute, ordinance or law, whether civil or criminal available to the city. This chapter in no way limits the authority of law enforcement officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(b) The city does not waive its right to seek reimbursement for actual costs, beyond the police services fee, through other legal remedies or procedures. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees and the city may impose a lien to recover the monies due.

(Ord. No. 13-299, § 2, 11-4-13)