Chapter 9.39 — PARTIES

It shall be unlawful for any person to conduct or allow to be conducted a party for which an admission fee of any kind is required or requested, on property owned, occupied or controlled by them, without first having obtained a business tax certificate as defined in Title 5 of this code, except however, that the provisions of this section shall not apply to the conducting of fundraising activities the net proceeds of which are reportable as political contributions under Title 52, U.S.C., Section 30104 or Title 9, Chapter 4, Articles 1 and 2 of the California Political Reform Act, commencing at Section 84100 of the California Government Code, or by organizations which have registered with the City as a bona fide charitable, religious, or nonprofit organization pursuant to Chapters 5.64 through 5.72 of this code. The distribution of flyers or other promotional materials which make reference to an admission requirement is prima facie evidence of a party for which a business tax receipt is necessary. (Ord. 6-91; Ord. 03-25, 2/25/2025)

It shall be unlawful to conduct or allow to be conducted any party which has present a band, orchestra, radio, or any other electronic sound reproduction and/or amplification device/ system between the hours of 10:00 p.m. and 7:00 a.m. which produces loud and unreasonable sound in volume level, duration, and character sufficient to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent. (Ord. 6-91; Ord. 03-25, 2/25/2025)

It shall be unlawful to conduct or allow to be conducted any party where there is loud and unreasonable noise between the hours of 10:00 p. m. and 7:00 a.m., if such noise is sufficiently loud and unreasonable in volume level, duration and character to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace, shall be prima facie evidence of malicious and willful intent.

(Ord. 6-91; Ord. 03-25, 2/25/2025)

"Alcohol" shall have the same meaning as is contained in Business and Professions Code Section 23003 and as it may be amended.

"Alcoholic beverage" shall have the same meaning as is contained in Business and Professions Code Section 23004 and as it may be amended.

"Host" means:

1. A person(s) who owns, rents, leases or otherwise has control of the premises where the party occurs and/or permits a party;

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.39.040

§ 9.39.050

2. A person(s) receiving money or any other consideration for granting access to a party;

3. A person(s) who organizes or supervises or is otherwise responsible for a party; and

4. A person(s) serving, furnishing, or making available alcohol or controlled substances, as the latter is defined by the State Penal Code and Health and Safety Code.

"Juvenile" means any person less than 18 years of age.

"Loud or unruly conduct" includes:

1. Noise levels exceeding the noise standards set by this code;

2. Obstruction of public streets by crowds or vehicles, cars parked on lawns or blocking a driveway;

3. Public drunkenness, public urination or underage drinking;

4. Assaults, batteries, or other disturbances of the peace;

5. Vandalism or littering; or

6. Other unlawful conduct that constitutes a threat to public health, safety, and quiet enjoyment of adjoining residential property or public property.

"Minor" means any person less than 21 years of age.

"Party" means a social gathering of persons at a residence or on other private property or public property.

"Premises" means the private property upon which an unlawful party has occurred.

"Underage drinking" means consumption of alcohol or an alcoholic beverage by a minor. (Ord. 6-91; Ord. 8-09, 2009)

• A. It is unlawful for a host to knowingly hold or allow a party at which there is loud and unruly conduct and/or to permit underage drinking by a juvenile to whom the host is neither a parent nor legal guardian. For purposes of this section, a host knowingly holds or allows a party at which there is loud and unruly conduct whenever the host is aware or should reasonably have been aware of the conduct occurring at the party. It shall be prima facie evidence or presumed that the host knew or should have known of the loud and unruly conduct if the host is present on the premises at any point during the party or has received notice as set forth in Section 9.39.090 of this code. It shall not be a violation of this chapter if a host calls the police department to disperse individuals from a party prior to the Police Department receiving other complaint calls regarding said party and the host has asked such persons to leave and they have refused.

• B. A host need not be present at the premises to be liable for a violation of this chapter. If the host is a minor and the premises is owned, rented or leased by the host's parents or guardians, they may be held jointly and severally liable for violations of this chapter.

• C. It is unlawful and a violation of this chapter for any person: (1) to be present at, attend or participate in a loud or unruly gathering; and (2) to do so in a manner that contributes to the loud or unruly gathering, as defined in Section 9.39.040(F).

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City of Orange, CA

ORANGE CODE

§ 9.39.050

§ 9.39.090

(Ord. 8-09, 2009; Ord. 03-16.A, 2016)

When Police Department personnel respond to a complaint involving a disturbance caused by a party, the responding officers may issue a written notice to the host if such person is available on the premises. The notice provided shall state that if Police Department personnel are required to return to the premises at any time prior to the passing of the next June 30 because of further disturbances, and responding officers determine there is a threat to the public peace, health, safety, or general welfare, such response shall constitute special police services. The notice shall state the host may be assessed civil penalties for the cost of providing such special police services. The notice shall be signed by the available host, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the available host. If a second or any subsequent response is required, Police Department personnel shall have the available host sign a "Second Response" voucher, acknowledging the occurrence of the second response, and one additional voucher for each response thereafter during the course of the party. (Ord. 6-91; Ord. 8-09, 2009; Ord. 14-12, 2012; Ord. 03-16.A, 2016)

If no host is available on the premises when the police are present, or the host refuses to sign receipt of the notice, a copy of the notice shall be posted in a conspicuous place on the premises on each occasion the police respond. A refusal by a host at the party site to sign a receipt of the warning after being requested to do so by a police officer is a misdemeanor. (Ord. 6-91)

When Police Department personnel become aware of any scheduled party which would be unlawful under this chapter, officers may issue a written notice to a host describing the unlawful nature of the party. The notice provided shall state that if Police Department personnel are required to respond to the scheduled party, such response shall constitute special police services. The notice shall state the host may be assessed for the cost of providing such special police services. The notice shall be signed by a host, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the host. This notice shall constitute a first warning as required by this chapter. A refusal by a host to sign a receipt of the warning after being requested to do so by a police officer is a misdemeanor. (Ord. 6-91)

If police personnel are required to respond for a second time to any premises at anytime prior to the passing of the next June 30 at which police personnel determined there was a party at which there was loud and unruly conduct on both occasions, the party shall constitute a public nuisance and shall be abated and dispersed by responding police personnel. The costs of the abatement of the public nuisance may be recovered in accordance with Section 9.39.110 of this code.

In the event that police personnel are required to respond to a party at which there is loud and unruly conduct on a premises that is not owner-occupied, then the owner of the premises as shown on the latest County Tax Assessment Roll shall be notified in the event of any of the following: (1) a notice is issued pursuant to Sections 9.39.060, 9.39.070, or 9.39.080 of this

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.39.090

§ 9.39.110

code; (2) costs of a special assignment are imposed under Section 9.39.090 of this code; or (3) a misdemeanor citation is issued under this chapter. The written notice shall inform the owner of the action that was taken and that if the owner fails to take reasonable steps designed to prevent future violations, that a civil penalty can be imposed. The notice shall be sent by first-class and certified mail and shall be in substantially the following form:

Dear [Owner]:

On [date(s)] the City of Orange Police Department was required to respond to your property located at [address] in the City of Orange. On such date(s) police officers witnessed a Party at which there was loud and unruly conduct occurring on the premises as is defined in Orange Municipal Code Section 9.39.040. In accordance with Orange Municipal Code Section 9.39.090 you are being put on notice that such a Party occurred on your property and that [action taken]. The Party interfered with the use and enjoyment of your neighbors' properties and thus constituted a public nuisance. You should take reasonable steps to prevent any further occurrences. If you fail to do so, a civil penalty in the amount of $500 may be imposed. If you have any questions concerning this notice please contact the undersigned at [phone number].

Sincerely,

[Name]

If an owner fails to take reasonable steps within 30 days of the mailing of a third notice to prevent further violations of this chapter, then the owner shall be liable for a civil penalty in the amount of $500.00.

(Ord. 8-09, 2009; Ord. 14-12, 2012; Ord. 03-16.A, 2016)

The costs provided in this chapter shall be collected in the following manner:

Copies of the initial warning, the second response voucher, and any additional voucher shall be forwarded to the Orange Police Department where the cost of special police assignment services shall be computed and an amount assessed which reflects the actual costs of services rendered as established in the City of Orange Schedule of Fees and Charges as authorized by the Orange Municipal Code. The City of Orange shall invoice the host.

1. The invoice shall notify the host that a hearing to present any evidence or argument challenging the invoiced amount or liability for any amount shall be available if such written request is received by the Chief of Police within 10 calendar days of the date the notice is mailed. If no such written request is received within 10 calendar days, the total amount becomes immediately due and payable.

2. If a written request is received within 10 calendar days, the Chief of Police or designee shall conduct a hearing within an additional 20 calendar days after receipt of the written request at a date set by the Chief. The Chief shall cause to be mailed written notices of the hearing to the requestor at least 10 calendar days in advance of the hearing. The decision of the Chief or designee shall be mailed to each party within 10 calendar days after the conclusion of the hearing. That decision shall be final unless a written notice appealing the decision is received by the City Manager within 10 calendar days after the decision has been mailed to the parties. If a written notice appealing the decision is received by the City

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City of Orange, CA

ORANGE CODE

§ 9.39.110

§ 9.39.130

Manager within 10 calendar days after the decision has been mailed to the parties, then the City Manager shall conduct a hearing de novo within 20 calendar days at a date set by the City Manager. The City Manager shall then notify the parties in writing of the decision within 10 calendar days after the conclusion of the hearing. The City Manager's decision shall be final and the civil penalties imposed, if any, shall become immediately due and payable upon the mailing.

• (Ord. 6-91)

Any violation of Sections 9.39.010—9.39.050 of this code shall constitute a misdemeanor and shall be punishable by a fine of $150.00 for the first offense; $250.00 for the second offense; and $500.00 for the third and any subsequent offense. The owner of property that is not owneroccupied shall not be subject to any criminal penalties under this chapter unless the owner is the person actually responsible for organizing and/or supervising a party that violates this chapter. Nothing in this chapter shall be construed to preclude the City from exercising any other remedies it may have under the law, including but not limited to, obtaining an injunction. This chapter shall not create any liability for a host or an owner of property, either civilly or criminally, outside of what is in this chapter or is provided elsewhere in local, state or federal law.

(Ord. 6-91; Ord. 8-09, 2009; Ord. 14-12, 2012)

• A. Pursuant to California Civil Code Sections 3493 and 3495, a private person for whom premises at which loud or unruly gatherings as herein defined have been conducted are specially injurious may file a civil nuisance abatement action to remedy the nuisance conditions on those premises.

• B. In any nuisance abatement action brought under subsection A, the prevailing party shall be entitled to recover the amount of its reasonable attorney fees incurred in prosecuting or defending said nuisance abatement action. This subsection is enacted by the City pursuant to authority conferred upon it by Article XI, Section 5 of the California Constitution and Government Code Section 38773.5.

• (Ord. 03-16.A, 2016)

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.40.010

§ 9.40.030