Visalia Municipal Code Ch. 9.32 Public Disturbances

A. This chapter is enacted to remedy and defray the costs associated with responding to public disturbances that repeatedly occur or exist at certain properties, and to ameliorate those conditions and hold responsible the owners or persons in charge of such property.

B. This chapter is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.

(Ord. 2016-09 § 2 (part), 2016)

As used in this chapter, the following definitions apply:

A. "Disturbance" shall include conduct creating any disturbing or loud noise or sound; any conduct which disrupts the peace and quiet of a neighborhood; and any conduct which interferes with the quiet enjoyment of neighboring property by persons lawfully thereon.

B. "Owner" means the person(s) (including individual(s), corporation, partnership or other entity) having legal or equitable title to the property.

C. "Property" means any real property and any improvement thereon incidental or appurtenant, including but not limited to any room, apartment, house, building, structure or any separate part or portion thereof, whether permanent or not.

D. "Response" shall mean the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance.

E. "Responsible party" is any person who owns, leases or is lawfully in charge of the property where the disturbance takes place, or any person who organizes, controls or participates in a disturbance. If the responsible party is a juvenile then the parent or guardian who has physical custody of the juvenile at the time of the disturbance shall be considered the responsible party.

F. "Alcoholic beverage" is alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes or other consumption either alone or when diluted, mixed, or combined with other substances.

G. "Juvenile" is any person under 18 years of age.

H. "Private property" shall mean, but is not limited to, a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, during party or other social function, and whether owned, leased, rented, or used with or without compensation.

I. "Social host" the person who owns, leases, or is lawfully in charge of the property where an unruly gathering occurs. The following persons may be considered the social host of an unruly gathering:

1. Person(s) hosting an event that is an unruly gathering;

2. Person(s) receiving money or other consideration for granting access to an event that is an unruly gathering;

3. Parent(s) or legal guardian(s) of a juvenile hosting an unruly gathering or a juvenile receiving money or other consideration for granting access to an unruly gathering and therefore considered the responsible party where an unruly gathering occurs.

J. "Unruly gathering" is a party, event or gathering where four or more persons under legal drinking age are present at a private property in which alcoholic beverages are being consumed or possessed by any person under legal drinking age and upon which a disturbance as defined in this chapter occurs.

(Ord. 2016-09 § 2 (part), 2016)

No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise.

(Ord. 2016-09 § 2 (part), 2016)

A. It is the intent of this chapter to prohibit noises that are disturbing, unreasonably loud, or conduct that disrupts the peace and quiet of a neighborhood. The types of noises set out in this section shall not be deemed or construed as in any way exclusive, but merely illustrative.

B. The following types of noises or conduct are declared to be disturbing to the peace, quiet and comfort of the neighborhood in which they are heard, and persons creating such noises are in violation of Section 9.32.030:

1. The sounding of any horn, signal or noise device on any automobile, motorcycle, bus, truck or other vehicle, in any other manner or for any other purpose than allowed by the California Vehicle Code or other laws of the state;

2. The noise from an exhaust system of any vehicle that is not equipped or constructed so as to prevent any disturbing or unreasonably loud noise;

3. The revving of the engine of any motor vehicle while such vehicle is not in motion, except when done in the course of repairing, adjusting or testing it;

4. Disturbing or unreasonably loud shouting or crying of peddlers, hawkers, vendors, or newspaper carriers;

5. The playing or operating of any device or instrument in a manner that creates disturbing or unreasonably loud noise to a reasonable person outside the facility or unit from which the noise emanates; and

6. Disturbing or unreasonably loud shouting, screaming, wailing or other vocalization that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates.

(Ord. 2016-09 § 2 (part), 2016)

A. At the first response to a public disturbance call at a property, the responding police officer shall determine if a violation of this chapter has occurred. If the police officer determines that a violation has occurred, the officer shall inform the responsible party(ies) or social host at the property that the disturbance must cease immediately and may issue an administrative citation/penalty to the responsible party or social host in the amount specified for violations of the Visalia Municipal Code, $100 for the first violation, $200 for the next violation within a twelve-month period from the intimal violation, and $500 for each subsequent violation within that twelve-month period. Alternatively violations may be charged as a criminal misdemeanor or infraction.

B. Collection of fines for violation of this chapter shall be made pursuant to any of the methods set forth in VMC Section 1.13.060.F.

C. Reports of citations issued and status of accounts receivable shall be made to council quarterly or as needed. Fees to be reviewed as appropriate.

(Ord. 2016-09 § 2 (part), 2016)

The service of alcohol to persons under legal drinking age at unruly gatherings or a disturbance and the consumption of alcohol by persons under legal drinking age is a threat to the health and safety of all persons who reside in the city, is a drain on public safety resources within the city, and is declared to be a public nuisance.

Any responsible party or social host that is determined to have allowed a person under legal drinking age to consume alcohol at an unruly gathering or a disturbance may be separately and immediately be cited administratively under the Visalia Municipal Code for violation of this section. Administrative penalties for violations shall $100 for the first violation, $200 for the second violation within a twelve-month period, and $500 for each subsequent violation within a twelve-month period. Alternatively, violations may be charged as a criminal misdemeanor or infraction.

If a juvenile is found to be in possession of alcohol or narcotics or found to be intoxicated at an unruly gathering or a disturbance, then the police may contact the juvenile's parents or legal guardians or request the juvenile's school to do so. If the juvenile's school has an internal student disciplinary office, then any such incident may likewise be reported to that office.

(Ord. 2016-09 § 2 (part), 2016)

A. A responsible party or social host found to be liable for an administrative penalty pursuant to this chapter shall have the right to an administrative appeal and hearing pursuant to the procedures set forth in Section 1.13.060.D. of the Visalia Municipal Code.

B. It is a defense to an action brought pursuant to this chapter, that the responsible party or social host, at the time the alleged action(s) or behavior(s) occurred resulting in a violation of this chapter, could not, in the exercise of reasonable care or diligence, determine that a public disturbance occurred at the property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that a public disturbance had occurred at the property. The assertion that the responsible party or social host was not present at the property at the time the alleged public disturbance occurred upon the property, shall not, alone, be a defense to the action.

C. For any appeal made pursuant to this section, the hearing officer may consider any of the following factors, as appropriate, in its decision, and shall cite those found applicable in any decisions:

1. The effort taken by the responsible party or social host to mitigate or correct the alleged action or behavior which occurred at or near (as defined in this chapter) and in relation to the property;

2. The degree to which the alleged action or behavior at the property was repeated or continuous;

3. The magnitude or gravity of the alleged action or behavior;

4. The cooperativeness of the responsible party or social host with the city in causing the abatement of the alleged action or behavior;

5. The cost to the city of investigating and abating action or behavior or attempting to correct the condition; or

6. Any other factor deemed by the hearing officer to be relevant.

(Ord. 2016-09 § 2 (part), 2016)

If any provision of this chapter, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the chapter, or the application of its provisions to other persons or circumstances, shall not in any way be affected.

(Ord. 2016-09 § 2 (part), 2016)

The remedies described in this chapter shall not be the exclusive remedies of the city in enforcement of the prohibition of the acts and behaviors described in this chapter.

(Ord. 2016-09 § 2 (part), 2016)

This chapter shall not apply to activities protected by Article I, section 4 of the California Constitution or the 1st or 14th Amendments of the United States Constitution.

(Ord. 2016-09 § 2 (part), 2016)