Chapter 10.58
POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY

Sections:

10.58.010    Findings and Purpose.

10.58.020    Definitions.

10.58.030    Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.

10.58.040    Procedures for Imposition of Civil Fines.

10.58.050    Confidentiality.

10.58.060    Severability.

10.58.010 Findings and Purpose.

The City Council finds and declares that:

A.    The control of large parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public and the immediate control of large parties, and the cessation of unruly or illegal behavior is essential to preventing a major disturbance during the July 4th holiday in the West Newport Safety Enhancement Zone;

B.    The City of Newport Beach is a tourist destination with numerous beach rentals;

C.    This influx of tourists results in many large parties, gatherings or events;

D.    Frequently, Police Officers have been required to make multiple return calls on the same date to the location of a party, gathering or event in order to disperse uncooperative participants;

E.    Frequently, Police Officers have been required to make multiple calls to the same location on different dates in response to repeated, large parties and gatherings;

F.    The return of Police Officers to a location constitutes a drain of manpower and resources often leaving other areas of the City without police protection and, in the case of West Newport Safety Enhancement Zone on July 4th the return of Police Officers may be difficult if not impossible due to the large crowds and the heavy workload of law enforcement personnel;

G.    The above conditions create a significant hazard to the safety of the Police Officers and to peace, health, and safety of the public in general and, in the case of the West Newport Safety Enhancement Zone, these conditions create an immediate potential for a major disturbance that could result in serious injury or death to members of the public and/or law enforcement personnel. (Ord. 2003-5 § 12, 2003: Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.58.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

“Large party, gathering or event” means a group of persons who have assembled or are assembling for a social occasion or for a social activity.

“Owner” means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the private property.

“Person responsible for the event” means the owner of the property where the large party, gathering or event takes place, the person(s) in charge of the premises and/or the person(s) who organized the event. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fines imposed for the special security assignment.

“Special security assignment” means the assignment of Police Officers in response to a return or subsequent calls after the distribution of a written warning that a large party, gathering or event violates the law. (Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.

A.    No person shall promote, host, organize or otherwise allow a large party, gathering or event to occur on private property which is determined by a Police Officer to threaten the public peace, health, safety or general welfare of the neighborhood or surrounding community.

B.    The person responsible for the large party, gathering or event will be held liable for civil fines in amounts established by resolution of the City Council, for a special security assignment by the police, to control the threat to the public peace, health, safety or general welfare, at any time within any twelve-month period after a first written warning.

C.    In the case of a large party, gathering or event on private property in the West Newport Safety Enhancement Zone during the period that the designation is in effect, the person or persons responsible for the party, event or gathering, the occupant or occupants of the property and the owner or owners of the property are, jointly and severably, responsible for immediately complying with a request from any law enforcement officer to terminate all unruly or illegal behavior on the property and shall be responsible, in addition to other fines and penalties provided by this chapter, for the payment of a fine in the amount of three hundred dollars ($300.00) for each full ten minute segment that unruly or illegal conduct continues past the time that the law enforcement officer requests termination.

The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the State Penal Code or other local regulations. (Ord. 2003-5 § 13, 2003: Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.58.040 Procedures for Imposition of Civil Fines.

Civil fines for special security assignments, as authorized by Section 10.58.030 (B), shall be imposed, in the manner provided in this section.

A.    For all violations of Section 10.58.030 where substantial evidence in support of a violation exists, and a special security assignment occurs, the Finance Director shall issue written notice of civil fines imposed in accordance with the resolution of the City Council. The written notice shall be served on the person responsible for the party and the owner, if different. The notice shall specify the facts which, in the opinion of the Finance Director, constitute substantial evidence to establish grounds for imposition of the fines, and specify that the fines are effective thirty (30) days from the date the notice is given unless an appeal is filed in writing before the fine becomes effective.

B.    If the person responsible for the event appeals the fine within the time specified in subsection (A), the City Clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail, of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the City Clerk. The City Manager may preside over the hearing or may designate a Hearing Officer to take evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence. The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final. (Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.58.050 Confidentiality.

Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to person charged with the administration of this chapter. (Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.58.060 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)