§ 4-12

The purpose of this chapter is to allow for reimbursement to the City of police expenses related to responses to large parties on private property which have been determined to be a threat to the public peace, health, safety or general welfare. (§ 1, Ord. 2496, eff. March 21, 1991, as amended by § 1, Ord. 2889, eff. March 6, 2008, and § 1, Ord. 2940, eff. October 5, 2011)

For the purposes of this chapter, the following definitions shall apply: (a) “Large party” means a party, gathering or event on private property where a group of five (5) or more persons have assembled or are assembled for a social occasion or for a social activity. (b) “Person responsible” means the person responsible for a large party. Such person shall be deemed to be, in order of priority: (1) The owners of the premises where the large party takes place, if the premises are owner-occupied private property; (2) The tenants of the premises where the large party takes place, if the premises are tenant-occupied private property; (3) Persons who organized the large party. If the person responsible for the large party is a minor, then the parents or guardians of that minor will be jointly and severally liable for the police services fee. (c) “Special security assignment” means the assignment of police officers and services during a second or subsequent call to a large party after the distribution of a written warning that the large party violates the law. (§ 1, Ord. 2496, eff. March 21, 1991, as amended by § 1, Ord. 2889, eff. March 6, 2008 , and § 1, Ord. 2940, eff. October 5, 2011 )

(a) When a large party occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare as a result of conduct such as one (1) or more of the following: excessive noise (as defined by the Ontario Municipal Code), excessive traffic, obstruction of public streets or crowds who have spilled over into public streets, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, vandalism, and litter, the persons responsible for the large party will be held liable for the police services fee for any special security assignment. (b) Nothing contained in this chapter shall in any way affect the ability of the police to issue citations or to make arrests for violations of state or local laws. (§ 1, Ord. 2496, eff. March 21, 1991, as amended by § 1, Ord. 2889, eff. March 6, 2008, and § 1, Ord. 2940, eff. October 5, 2011)

(a) The police services fee shall include: (1) Personnel cost at the rate of Seventy Five Dollars ($75.00) per hour per police officer; (2) Actual cost of any medical treatment required by a police officer for injuries sustained during a special security assignment; and (3) The cost of repairing or replacing any City equipment or property damaged or destroyed during a special security assignment. (b) Except as provided in subsection (c) of this section, the police services fee shall not exceed Five Hundred Dollars ($500.00) for any special security assignment. (c) The City reserves the right to seek a police services fee in excess of Five Hundred Dollars ($500.00) against any responsible person who, by his or her own actions, causes injury to a police officer or damage to or destruction of any City equipment or property. Nothing contained in this chapter shall in any way preclude the City from seeking damages against any person to the extent otherwise permitted by law. (§ 1, Ord. 2496, eff. March 21, 1991, as amended by § 1, Ord. 2889, eff. March 6, 2008, and § 1, Ord. 2940, eff. October 5, 2011)

The amount of any police services fee imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any police services fee which is not paid within thirty (30) days after being billed to the person responsible for payment thereof. In any such action, the City shall be entitled to recover, in addition to the police services fee and any interest accruing thereon, costs of suit, including the City's reasonable attorneys' fees. (§ 1, Ord. 2496, eff. March 21, 1991, as amended by § 1, Ord. 2889, eff. March 6, 2008, and § 1, Ord. 2940, eff. October 5, 2011)

(a) Due to inadequate supervision, some large gatherings of people, such as parties, frequently become loud and unruly to the point that they constitute a threat to the peace, health, safety, or general welfare of the public as a result of conduct such as one (1) or more of the following: excessive noise, excessive traffic, obstruction of public streets or

crowds who have spilled over into public streets, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, vandalism, and litter. (b) The City is required to respond to such unruly gatherings, or a particular premises, in order to restore and maintain the peace and protect public safety. Such gatherings are a burden on scarce City resources and can result in police responses to regular and emergency calls being delayed and police protection to the rest of the City being reduced. (c) In order to discourage the occurrence of repeated loud and unruly gatherings, the persons responsible for the public nuisance created by these gatherings should be fined. (§ 1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

It shall be unlawful and a public nuisance to conduct a gathering of five (5) or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, vandalism, and litter. The following are the specific violations of permitting any noise disturbance that is: (a) Plainly audible across property boundaries; (b) Plainly audible through partitions common to two residents within a building; (c) Plainly audible at a distance of 50 feet in any direction from the source of music or sound between the hours of 7:00 a.m. and 10:00 p.m.; or (d) Plainly audible at a distance of 25 feet in any direction from the source of music or sound between the hours of 10:00 p.m. and 7:00 a.m. A gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes such as: Ontario Municipal Code (“OMC”) sections governing excessive noise, Cal. Penal Code §§ 415 and 416 (Breach of the Peace); Cal. Penal Code §§ 374 et seq. (Litter); Cal. Penal Code § 647(f) (Public Intoxication/Obstruction of Public Way); Cal. Business & Professions Code § 25658 (Selling Alcohol to Minors), Cal. Vehicle Code § 23224 (Possession of alcoholic beverage in vehicle, persons under 21); Cal. Penal Code §§ 12020 et seq. (Unlawful Carrying and Possession of Concealed Weapons). (§ 1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

(a) Notice of violation will be served via the actual citation written by the Police Officer on scene and/or a formal written "Notice of Violation" issued on scene and/or through certified mail. The formal "Notice of Violation" will record the date and time of the police intervention and include a formal written advisal that subsequent responses will cause the violating party to incur additional fines and/or result in a formal arrest, within a one hundred eighty (180) day period. The violations shall result in the joint and several liability of any guests causing the public nuisance, persons who are residents or in control of the property at which the public nuisance occurred, persons who sponsored the gathering constituting the public nuisance, and owners of the premises. All persons listed who are present can receive a violation. (b) Mailing of Notice to Property Owner. Notice of the police intervention shall also be mailed to any property owner at the address shown on the City’s property tax assessment records. The notice shall advise the property owner

that the current violation and any subsequent gathering resulting in a public nuisance within one hundred eighty (180) days on the same premises necessitating City intervention shall result in liability of the property owner for all penalties associated with such intervention.” The Ontario Police Department will issue and mail the Notice of Violation to the Property Owner; the notice will be sent certified mail. (§1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

If the City is required to intervene at a gathering constituting a public nuisance on the same premises once and/or on multiple responses in any one hundred eighty (180) day period, including a second intervention during the same day or night as the first intervention, the following persons shall be jointly and severally liable for civil penalties as set forth in § 4-12.10, in addition to any other applicable penalties or liability under the Ontario Municipal Code or other provision of law. (a) The person or persons who own the premises where the gathering constituting a public nuisance took place if any of the following are the case: Said owner resides on or adjacent to the premises; said owner was present when the citation and/or formal "Notice of Violation" was issued; or the formal "Notice of Violation" was mailed to said owner and ten (10) days have elapsed since the date of said mailing. For purposes of this subsection, where a gathering takes place within the confines of a single unit in a building owned by a housing cooperative, the owner of the property shall be deemed to be the owner of the single unit and not the members of the housing cooperative in general. Where the gathering took place in the common area of a building owned by a housing cooperative, only the members of the cooperative owning units in the building where the gathering took place shall be deemed the owners of the property for purposes of this subsection. Other members of the housing cooperative may still be liable if they fall within the categories of person made liable by subsections (b), (c), or (d), below. (b) The person or persons residing on or otherwise in control of the property where such gathering took place. (c) All persons attending such gathering who engaged in any activity resulting in the public nuisance. (d) The person or persons who organized or sponsored such gathering. (e) Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the premises. Where an invited guest engages in conduct which the sponsor or resident could not reasonably foresee and the conduct is an isolated instance of a guest at the event violating the law which the sponsor is unable to reasonably control without the intervention of the police, the unlawful conduct of the individual guest shall not be attributable to the sponsor, owner, or resident for the purposes of determining whether the event constitutes a public nuisance under this section. (§ 1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

(a) Any person who violates any provision of this chapter once within a one hundred and eighty (180) day period shall be guilty of an infraction. Any person who violates any provision of this chapter more than once within a one hundred eighty (180) day period shall be guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts. (1) For the first violation within a one hundred eighty (180) day period, the minimum mandatory fine shall be two hundred fifty dollars ($250).

(2) For any further violations within a one hundred eighty (180) day period, the minimum mandatory fine shall be no less than two hundred fifty dollars ($250), no more than one thousand dollars ($1,000), and/or imprisonment in the County jail for a period not exceeding six (6) months. (b) All infractions can include cost recovery for law enforcement at the discretion of the court. (c) Persons found to be in violation of OMC 4-12 will be issued an infraction citation thereby ordered to appear at court on a specified date and time. (§1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

The amount of any civil penalty imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any police services fee which is not paid within thirty (30) days after being billed to the person responsible for payment thereof. In any such action, the City shall be entitled to recover, in addition to the police services fee and any interest accruing thereon, costs of suit, including the City’s reasonable attorneys’ fees. The City may also assess a lien for said debt against the premises where the nuisance activity occurred pursuant to the applicable procedures for lien assessment set forth in the Ontario Municipal Code or other provision of law. (§ 1, Ord. 2889, eff. March 6, 2008, as amended by § 1, Ord. 2940, eff. October 5, 2011)

CHAPTER 13: OFF-STREET PARKING PROHIBITIONS AND RESTRICTIONS

CHAPTER 13: OFF-STREET PARKING PROHIBITIONS AND RESTRICTIONS

4-13.01 Definitions 4-13.02 Parking on Undeveloped or Unpaved Areas of Nonresidential Lots 4-13.03 Parking on Undeveloped or Unpaved Areas of Residential Lots 4-13.04 Commercial Vehicle Parking Restrictions 4-13.05 Right of Entry 4-13.06 Violations