Simi Valley Municipal Code Ch. 33 Parties

* Ordinance No. 737 enacted Ch. 5-31, Parties. The provisions were renumbered by the codifier to Ch. 5-33 as Ch. 5-31 is in use.

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 receipt as defined in Title 3, Chapter 1 of this Code, except however, that the provisions of this section shall not apply to the conducting of fund-raising activities the net proceeds of which are reportable as political contributions under Title 2, U.S.C., Section 434 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 Section 3-1.112 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.

(§ 1, Ord. 737, eff. August 30, 1990)

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 11:00 p.m. and 7:00 a.m. on Friday or Saturday and between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday which produces loud and unreasonable sound in volume sufficient to maliciously and willfully disturb the peace, quiet, or repose of persons of ordinary and normal sensitivity in a neighborhood. 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.

(§ 1, Ord. 737, eff. August 30, 1990, as amended by § 2, Ord. 968, eff. February 24, 2000)

It shall be unlawful to conduct or allow to be conducted any party where there is loud and unreasonable noise between the hours of 11:00 p.m. and 7:00 a.m. on Friday or Saturday and between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday. If such noise is sufficiently loud and unreasonable to maliciously and willfully disturb the peace, quiet, or repose of persons of ordinary and normal sensitivity in the neighborhood. 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.

(§ 1, Ord. 737, eff. August 30, 1990, as amended by § 3, Ord. 968, eff. February 24, 2000)

It shall be unlawful to have less than one toilet for the first 100 males, two (2) toilets for 101 to 200 males, and one additional toilet for each additional 100 males or fraction thereof who attend the party. In addition, it shall be unlawful to have less than two (2) toilets for the first fifty (50) females, three (3) toilets for fifty-one (51) to 100 females, and six (6) toilets for 101 to 200 females, and three (3) additional toilets for each additional 100 females or fraction thereof who attend the party. Male/female toilet requirements may be concurrently satisfied by the same facilities. The toilet requirements in this section are based upon Appendix C of the Uniform Plumbing Code.

(§ 1, Ord. 737, eff. August 30, 1990)

Upon issuance of a citation or an arrest pursuant to this chapter, all monies seized as evidence shall be forfeited to the City's General Fund at the conclusion of judicial or juvenile proceedings unless otherwise disposed of pursuant to law. Such forfeiture may be appealed to the Chief of Police within ten (10) calendar days of the conclusion of the proceedings. If an appeal is filed, it shall be processed in the manner specified in Section 5-31.13 of this chapter.

(§ 1, Ord. 737, eff. August 30, 1990)

"Host" means any person conducting and/or permitting a party, including:

(a) Owner(s) and/or lessee(s) of the property where a party is being given;

(b) Person(s) hosting a party;

(c) Person(s) receiving money or other consideration for granting access to a party;

(d) Person(s) serving, furnishing, or making available alcoholic beverages;

(e) Parent(s) or legal guardian(s) of a minor who is also a host.

(§ 1, Ord. 737, eff. August 30, 1990)

When a party occurs at a premises and a police officer at the scene determines that it constitutes a threat to the public peace, health, safety or general welfare, each host shall be held jointly and severally liable for the cost of providing police personnel and services to abate the threat to public peace, health, safety, or general welfare. Violation of any provision of this chapter is prima facie evidence of a threat to public peace, health, safety, or general welfare.

(§ 1, Ord. 737, eff. August 30, 1990)

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 within the following twelve (12) hour period 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.

(§ 1, Ord. 737, eff. August 30, 1990)

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.

(§ 1, Ord. 737, eff. August 30, 1990)

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 civil penalties 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.

(§ 1, Ord. 737, eff. August 30, 1990)

Utilization of Police personnel during any response after the first warning to any party or to control the threat to the public peace, health, safety or general welfare shall be deemed to be a special police assignment over and above the services normally provided. The cost of such special police assignment may include damages to City property and/or injuries to City personnel.

(§ 1, Ord. 737, eff. August 30, 1990)

The Chief of Police or his designee shall close and disperse any party for which a second response is required.

(§ 1, Ord. 737, eff. August 30, 1990)

The costs provided for 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 Department of General Services where the cost of special police assignment services shall be computed and an amount assessed as a civil penalty, which reflects the actual costs of services rendered as established in the City of Simi Valley Schedule of Service Charges. The City shall invoice the host for the civil penalty.

(a) 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 ten (10) calendar days of the date the notice is mailed. If no such written request is received within ten (10) calendar days, the total amount becomes immediately due and payable.

(b) If a written request is received within ten (10) calendar days, the Chief of Police or his designee shall conduct a hearing within an additional twenty (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 ten (10) calendar days in advance of the hearing. The decision of the Chief or his designee shall be mailed to each party within ten (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 ten (10) calendar days after the decision has been mailed to the parties. If a written notice appealing the decision is received by the City Manager within ten (10) calendar days after the decision has been mailed to the parties, then the City Manager shall conduct a hearing de novo within twenty (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 ten (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 of the City Manager's decision.

(§ 1, Ord. 737, eff. August 30, 1990)

Any violation of Sections 5-33.01 through 5-33.04 inclusive, 5-33.09, or 5-33.10 shall be a misdemeanor.

(§ 1, Ord. 737, eff. August 30, 1990)