Chapter 8.10


8.10.010    Citation of chapter.

8.10.020    Definitions.

8.10.030    Public nuisance determination.

8.10.040    Mandatory notice of nuisance determination.

8.10.050    Liability for penalties.

8.10.060    Joint and several liability.

8.10.070    Parental liability.

8.10.080    Relief from penalties.

8.10.090    Penalties are debts.

8.10.100    Adoption of regulations.

8.10.010 Citation of chapter.

This chapter shall be referred to and cited as the nuisance response ordinance. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17100.)

8.10.020 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, the words and phrases used herein shall have the following meanings:

“Nuisance response” shall mean a second or subsequent service response to a social gathering where the senior ranking police officer has determined that there exists a public nuisance, as defined in this chapter, which poses an immediate threat to the public peace, health, safety or general welfare.

“Nuisance response penalties” shall mean civil penalties as provided in Chapter 1.20, not exceeding $1,000 per violation as determined by the city council.

“Person” means any individual or legal entity, including without limitation a corporation, partnership, company, association, organization and any other entity which owns, leases or maintains apparent control of property. The term “person” includes the person responsible for the social gathering.

“Public nuisance” means behavior constituting a violation of Cal. Penal Code §§ 407, 409, 415, 416, and 603 or other noise, explosions, destruction of property or audible conduct that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in any zone of the city which disturbs the peace or quiet of any neighborhood.

“Responsible person” means the person(s) who owns or has effective control of the subject premises where a social gathering takes place, the person(s) in charge of the premises, or the person(s) who organized the social gathering.

“Social gathering” means an event or assemblage of persons assembled for a social occasion or activity on private residential, industrial, institutional or commercial property including, but not limited to, single-family or multifamily residential dwelling units, motels, hotels, other rental housing units, saloons, bars, nightclubs, pool halls, restaurants, theaters, social clubs, social halls, religious facilities, auditoriums or amphitheaters. “Social gathering” includes social occasions and activities where admission is charged or the event is offered gratuitously. “Social gathering” will not include concerted labor activities protected by general law or activities related to the exercise of First Amendment rights protected by the United States or California Constitution including, but not limited to, the right of political assembly, the right to petition the government for redress of grievances and the right to free exercise of religion or speech. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17105.)

8.10.030 Public nuisance determination.

The senior police officer at the scene of a loud, unruly or disorderly social gathering shall determine whether the gathering constitutes a public nuisance and is a threat to the public peace, health, safety or general public welfare. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17110.)

8.10.040 Mandatory notice of nuisance determination.

(a)    The senior police officer on the scene shall give written notice to at least one responsible person that a nuisance has been determined to exist that must be abated immediately or within a reasonable time as determined by the officer.

(b)    The written notice shall describe in reasonable detail the conduct constituting the nuisance and the actions required to abate the nuisance.

(c)    The officer shall include written notice to the responsible person that he or she may be liable for nuisance response penalties, as provided in this chapter, for failure to abate the nuisance as directed by the officer.

(d)    No person shall be liable for a nuisance response penalty if the required notice is not provided. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17115.)

8.10.050 Liability for penalties.

(a)    A second or subsequent service response to a social gathering previously determined to be a nuisance may result in nuisance response penalties against the responsible persons.

(b)    When a penalty is imposed, all responsible persons will be personally liable for their failure to abate the nuisance as directed in the written notice.

(c)    The senior officer on the scene will give written notice of the nuisance response penalty in the manner provided in Chapter 1.20. In the event the responsible person on the scene is a person other than the property owner, the officer will mail a copy of the written notice to the property owner by first-class mail, postage prepaid, to the owner’s last address of the public record. Failure of the property owner to receive properly addressed notice will not affect the validity of any nuisance response penalty. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17120.)

8.10.060 Joint and several liability.

If the owner and occupant of a nuisance response location are different persons, they will be jointly and severally liable for the nuisance response penalty if one or both are determined to have created, acquiesced in, or allowed to continue the nuisance which created the need for the nuisance response. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17125.)

8.10.070 Parental liability.

Where the person who initiated the event is a minor, then the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the costs of nuisance response penalties. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17130.)

8.10.080 Relief from penalties.

No nuisance response penalty will be collected against a person pursuant to this chapter if a city hearing officer determines that the person did not create, acquiesce in, or allow to continue the public nuisance which created the need for the nuisance response. Any person may contest liability for a nuisance response penalty as provided in Chapter 1.20. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17135.)

8.10.090 Penalties are debts.

All penalties assessed pursuant to this chapter shall be debts owing to the city and may be collected like all other debts. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17140.)

8.10.100 Adoption of regulations.

The chief of police is authorized to adopt such administrative regulations as may be appropriate to implement this chapter. (Ord. 2162 § 2, 4-2-96. 1990 Code § 3-17145.)