Signal Hill Municipal Code Ch. 9.18 Loud or Unruly Parties, Gatherings and Other Distubances of the Peace

The city finds that loud or unruly parties, gatherings or other assemblages of persons on private property within the city, or loud and unreasonable disturbances, in violation of California Penal Code Section 415, and Chapter 9.16 of the Signal Hill Municipal Code, can disturb the public peace, safety, health and welfare as to require added and extraordinary law enforcement services particularly where repeated calls for services are made and where those creating the need for services are failing to act in accordance with the lawful instructions of law enforcement officers.

It is in the best interests of the public peace, safety, health and welfare to require those persons causing the need for special law enforcement services, beyond those normally provided to the public at large, pay all or a part of any extraordinary expenses generated by their own conduct. It is in the interest of law-abiding citizens that those persons generating a need for law enforcement service should pay, in part, the cost therefore. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

Whenever the following words and phrases are used in this chapter, they shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

“Extraordinary expense” or “police response service charge” refers to the costs incurred in the second and subsequent police responses to control and maintain the public peace, safety, health and welfare, which include but are not limited to the following: all personnel, equipment and mutual aid costs expended during the second and subsequent responses to the premises, damages to city property and/or injuries to city personnel.

“Loud and unruly” includes, but is not limited to, any or all of the following:

1. Loud, unusual, penetrating or boisterous noise, disturbances or commotion, as described in Section 9.16.030(B)/Noise Standards;

• 2. Obstruction of public streets by crowds or vehicles;
• 3. Obstruction of rights-of-way by people or vehicles;
• 4. Public drunkenness;
• 5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
• 6. Urinating or defecating in public; or

7. Any conduct which would otherwise constitute a violation of the California Penal Code or Vehicle Code based on the citing official’s observations.

8. Unlawful use or discharge of fireworks in accordance with the provisions of Chapter 9.28 of this code.

“Loud or unruly conduct” does not include any activity that is protected by federal or state law.

“Parties, gatherings, event, or other assemblages” refers to the meeting of a group of persons who have met or are meeting for a special occasion or for a social activity on private property, whether residential or not, to which an officer response is required because the event is loud and unruly, as defined in this chapter.

“Parties, gatherings, event, or other assemblages” refers to the meeting of a group of persons who have met or are meeting for any occasion or for a social activity on private property, whether residential or not, to which an officer response is required because the event is loud and unruly, as defined in this chapter.

“Police, police personnel, or officer” means a law enforcement officer employed or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules, or other laws adopted by the city, including an officer employed by the city.

“Responsible party” means any of the following:

1. The owner(s) of record of the property where the event takes place.

2. The person(s) in charge of purportedly in charge of the premises where the event takes place.

3. The person(s) authorizing the use of the premises for the event.

4. The person(s) who organized the event.

5. The person(s) who the responding officer believes is causing, performing, permitting to exist or otherwise maintaining the event, including but not limited to, any other person in real or apparent charge or control of the real property.

For purposes of this section, person includes corporations, associations, firms, partnerships, trust, or any other entity which owns, leases, or controls the property.

“Special police services” or “special law enforcement services” refer to the necessary activities of the police to maintain the public peace, safety, health and welfare in responding to a loud or unruly party, gathering or other disturbance of the peace after the police have made an initial response and given warning that if such disturbance is not corrected, and a subsequent response is required, then a police response service charge will be levied.

“Subsequent response” refers to additional police personnel responses to a party, gathering, event, or other assemblage within a ninety-day period to the same location or address. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

Except as provided herein, the provisions of this chapter shall supplement any and all provisions addressing noise disturbances as contained in the Signal Hill Municipal Code, including but not limited to the provisions of Chapter 9.16. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

A. No person shall willfully make or continue, or cause to be made or continued, any loud or unruly, unnecessary, or unusual noise upon any premises owned, occupied, or controlled by such person or upon any public street, alley, right-of-way, park, or public property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness in the area.

B. The standards which shall be considered in determining whether a violation of this section exists are set forth in Section 9.16.030. (Ord. 2023-11-1545 § 13 (part), 2023)

The following acts or conditions are exempt from the provisions of this chapter:

A. Sanctioned activities conducted on the grounds of any public or private daycare, elementary, intermediate or secondary school or college.

B. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicles, or work.

C. Any activity to the extent regulation thereof has been preempted by state or federal law.

D. Events or activities sponsored by the city.

E. Events conducted pursuant to a license issued by the city in accordance with the Signal Hill Municipal Code. (Ord. 2023-11-1545 § 13 (part), 2023)

A. When any loud or unruly assemblage occurs or is held on private property within the city (whether in a residential area or not), and the city police department is required to respond to the scene (whether or not in response to a citizen complaint), and the police officer at the scene determines that there is a threat to the public peace, health, safety or welfare, then that officer shall notify the owner of the premises or responsible party, that they will be held personally liable for the costs of providing police personnel for the special police services necessary resulting from any subsequent police response caused by the unruly party, gathering, event, or assemblage of persons. If that person is a minor, the parent or guardians will be held responsible for the costs of providing special police services.

B. Such person(s) shall be given a first warning, in the form of written notification by the police officer, that additional police department responses within a ninety-day period to the same location or address will be considered special police services subject to a police response service charge. If no owner, responsible party, or other adult person in charge of the premises can be located or identified at the time of the first response, or such person(s) refuses to sign a receipt of the notice, the written notice may be posted in any conspicuous outdoor location near any entrance to the premises. In such event, the owner and any other adult person in possession of the premises at the time of the response by the police may be held jointly liable for the costs of providing the special police services. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

A. The police personnel utilized after the first warning to control the threat to the public peace, health, safety or welfare shall be deemed to be on special police services assignment providing added or extraordinary police services over and above the normal police services provided by the city.

B. Whenever an officer makes a subsequent response to a qualifying party, gathering, event, or other assemblage, the officer may issue a notice of violation to the responsible party, which shall inform the responsible party of the city’s authority to impose fees, police response service charges for the provision of special police services, and potential fines for subsequent violations of this chapter. An officer may issue notice of violation for each subsequent event. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

A. The city shall have the authority to impose an administrative fine for multiple response services on any one or more persons who qualify as a responsible party for the event. The city is authorized to collect the amount of the fine specified below and any other amount to which the city may be entitled under the law. The fines shall be in the following amounts and shall be due to the city within thirty days of the date of an invoice issued by the city for said fines:

• 1. First subsequent response: $100.
• 2. Second subsequent response: $250.
• 3. Third subsequent response and any thereafter: $500.

B. The city reserves it rights to seek reimbursement for actual costs exceeding five hundred dollars through other legal remedies or procedures. In the event the city is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorney’s fees, incurred as a result thereof. (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

A. The chief of police or their designee shall provide the department of finance with a copy of the notice of violation to prepare the invoice for special police services. The department of finance shall send the invoice by certified mail to the responsible parties.

B. All fees and charges levied for such services shall be due and payable within thirty days following invoice therefor. Sums not timely paid shall incur interest at the legal rate. All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the person(s) to whom such services are rendered. Should the amount due not be paid, the city may collect the debt, as well as any cost incurred in collecting the debt due to nonpayment, pursuant to any available provision of the law.

C. If the property owner does not reside at the location of the event, the department of finance shall send a copy of the invoice to the property owner’s mailing address identified on the most recently available county tax assessor’s roll.

D. The invoice amount for special police services shall be a debt owed to the city jointly and severally by each responsible party for the event, and if the responsible party for the event is a minor, his or her parents or guardians. Any person owing money shall be liable in an action brought by the city to recover the amount, including reasonable attorneys’ fees, in accordance with Section 9.18.060(B). (Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))

A. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars for a first violation and a fine not exceeding five hundred dollars for a second violation. Any person having committed three violations of this chapter within a one-year period shall be guilty of a misdemeanor and a fine not exceeding one thousand dollars for each additional violation.

B. In addition to any other remedies available in this code or state law, the second and subsequent responses may also result in the arrest and/or citation of violators of the state penal code and other regulations, ordinances, or laws.

C. The remedies described in this chapter are not exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

(Ord. 2023-11-1545 § 13 (part), 2023; Ord. 99-07-1259 § 1 (part))