Article 3 — ENFORCEMENT AND ABATEMENT

The Orange County Sheriff and his duly authorized deputies are directed to enforce the provisions of this Division.

(a) Criminal Process. The Orange County Sheriff and his duly authorized deputies are authorized, pursuant to California Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

(b) Summary Abatement of Public Nuisances.

(1)

First Response/Determination of Nuisance. On the first response to a disturbance in a residential area between 10:00 p.m. and 7:00 a.m., the Orange County Sheriff shall determine whether the disturbance constitutes a public nuisance as defined in this Division and if said public nuisance constitutes an immediate threat to public health or safety. If the Sheriff determines that the disturbance constitutes a public nuisance and an immediate threat to public health or safety, the Sheriff, as an alternative to immediate arrest of the persons responsible for the nuisance, may proceed as set forth in this Subsection.

(2)

First Notice. The Sheriff shall advise the persons creating the disturbance, the occupant of the property where the disturbance is located, and the owner of the property if he is present that: (1) the disturbance violates this Division; (2) unless they voluntarily stop the disturbance, the Sheriff will be required to take appropriate action to stop it, including arrest or citation of those violating the law; and (3) if the Sheriff is required to expend additional manhours and/or use equipment after the first response to stop the disturbance, the owner and the occupant of the property may be charged the costs of such additional Sheriff manhours and equipment, up to five hundred dollars ($500.00).

(3)

Second and Subsequent Responses. If, after giving the first notice, the Sheriff receives any additional complaints about a disturbance at the same location prior to 7:00 a.m. on the date specified in the first notice, the Sheriff shall respond again to the location of the disturbance. If the Sheriff determines that the disturbance continues to constitute a public nuisance as described in this Division and an immediate threat to public health or safety, the Sheriff shall take appropriate actions to immediately abate the nuisance, including arrest and/or citation of persons violating the law.

Said notice shall be given to the occupant of the property and to the owner if he is present in written form substantially as follows:

NOTICE

 FIRST RESPONSE-DISTURBANCE IN

 RESIDENTIAL AREA

 DURING SLEEPING HOURS

This NOTICE OF VIOLATION given to (Name) _____

(DOB) _____ at

(Location) _____

(Phone Number)___________ on (Date)________ at (Time)_____ is the result of a disturbance in a residential area between the hours of 10:00 p.m. and 7:00 a.m. in violation of Title 3 Division 15 of the Orange County Codified Ordinances/California Penal Code Section 407/California Penal Code Section 415 (delete inapplicable provision(s)).

If it is necessary for the Orange County Sheriff to respond a second or subsequent time to stop a disturbance at this location prior to 7:00 a.m. on (Date)________ (either the next day or the same day, depending on time of the first response), the owner of the property and the occupant of the property may be charged for all personnel and equipment costs incurred in such second and subsequent responses, up to $500, and all violators of statutes or ordinances will be subject to arrest and/or citation.

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(Signature of party to whom notice given)

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(Signature of Deputy)

(4)

Nuisance remedy not exclusive. Nothing herein shall affect the authority of the Orange County Sheriff and his deputies to make lawful arrests at any time, including on the first response to a disturbance constituting a nuisance as defined in this Division. (Ord. No. 3789, § 1, 8-7-90)