HomeMy Public PortalAbout93-1006 ORDINANCE 93-1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON
REGARDING RECOVERY OF CERTAIN EMERGENCY RESPONSE COSTS
AND AMENDING CHAPTER 1 AND CHAPTER 2 OF ARTICLE IV OF
THE CARSON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council finds and determines that
parties or gatherings, and people who drive while under the
influence of drugs or alcohol, within the City frequently disturb
the public peace and require law enforcement services over and
above those normally provided. It is in the best interests of
the public safety, welfare, and convenience of the City and its
residents that the City regulate such activities and require
those persons whose acts or omissions create the need for law
enforcement services beyond those normally provided to the public
at large to defray the City's expense for providing such
services.
Section 2 . Section 4101 of Chapter 1 of Article IV of
the Carson Municipal Code, is hereby amended to read:
114101. Unnecessary Noises. No person shall make, or
cause or suffer, or permit to be made upon any premises owned,
occupied or controlled by him, any unnecessary noises or sounds
which are physically annoying to persons of ordinary
sensitiveness or which are so harsh or so prolonged or unnatural
or unusual in their use, time, or place as to occasion
unnecessary discomfort to any persons within the neighborhood
from which said noises emanate or so as to interfere with the
peace and comfort of the residents or their guests, or the
operators or customers in places of business in the vicinity, or
which may detrimentally or adversely affect such residences or
places of business. The following acts, among others, are
declared to be prima facie evidence of violations of this
section:
(a) Unnecessary Noises. The unnecessary making
of, or knowingly and unnecessarily permitting to be made, any
loud, boisterous or unusual noise, disturbance or commotion in
any hotel, motel, apartment house, court, rooming house, auto
court, trailer camp, dwelling, place of business or other
structure, or upon any public street, park or other place or
building, except the ordinary and usual sounds, noises or
commotion incident to the operation with the usual and normal
standard of practice applicable thereto and in a manner which
will not disturb the peace and comfort of adjacent residences or
which will not detrimentally affect the operators or customers of
adjacent places of business.
(b) Radios, Phonographs, Etc. The using,
operating or permitting to be played, used or operated between
the hours of 11: 00 p.m. and 7:00 a.m. of any radio, musical
instrument, phonograph, television set, or instrument or device
similar to those heretofore specifically mentioned for the
production or reproduction of sound in volume sufficiently loud
as to disturb the peace, quiet or repose of persons of ordinary
and normal sensitiveness who are in the immediate vicinity of
such machine or device.
(c) Band or Orchestral Rehearsals. The
conducting of or carrying on of band or orchestral concerts or
rehearsals or practice between the hours of 11: 00 p.m. and
7 : 00 a.m. in any area, building or structure wherein the
adjoining occupied building used for human habitation is nearer
than 200 feet.
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Ordinance No. 93-1006/Page 2 of 5
(d) Loudspeakers and Amplifiers for Advertising.
The playing or operating, or permitting the playing or operating
of any musical instrument, radio, television set, or phonograph,
or the operation and use of any loudspeaker or amplifying device
on any public street, or in any public place, or outside of any
doorway of any building, facing upon a business street in the
City of Carson for the purpose of advertising or in conjunction
with any commercial venture, without a permit being granted
therefor by the City Administrator upon application filed with
him and hearing held, after at least 48 hours notice to applicant
of such hearing, unless notice is waived; provided that if said
application is denied, applicant may within 15 days of the date
of said order of denial, appeal from said decision of the City
Administrator to the City Council, which body shall hold a
hearing thereon upon notice to applicant in the same manner as
the hearing before said City Administrator.
(e) Engines, Motors and Mechanical Devices Near
Residential District. The operation between the hours of
11:00 p.m. and 7 : 00 a.m. of any electric motor or engine or the
use or operation of any automobile, motorcycle, machine or
mechanical device or other contrivance or facility unless such
motor, engine automobile, motorcycle, machine or mechanical
device is enclosed within a sound insulated structure so as to
prevent noise and sound from being plainly audible at a distance
of 50 feet from such structure, or within 10 feet of any
residence.
(f) Noises by Animals. It shall be unlawful for
any person having charge, care, custody, or control of any animal
to permit such animal to emit any excessive noise which is
disturbing or offensive. The City shall enforce this subsection
(f) as follows:
(1) Complaints must be submitted in writing
and shall include the name, address, and telephone number of the
complainant, as well as the address of the animal owner and
description of the noise.
(2) Upon receiving a complaint involving
whining, barking, howling, screeching or similar animal noise,
the City shall cause the following to be performed:
(i) Issue notice of noise complaint to
the animal owner or custodian of the animal advising such person
of the alleged noise and requesting immediate steps to abate the
same.
(ii) Notice shall adequately describe
the noise complaint to assist the animal owner in recognizing and
correcting the problem.
(iii) If a second complaint is received,
the City shall issue a notice apprising the animal owner or
custodian of the complaint and directing the same to abate said
noise. Such notice shall contain a provision that within
five (5) days of receipt thereof the animal owner or custodian
may request a hearing with a City representative to discuss the
Notice of Non-compliance.
(iv) Should the problem remain
unresolved by the end of the time limit noted in the Notice of
Non-compliance, a second notice with a five (5) day limit shall
be issued.
(v) If the problem is not resolved at
the end of this five (5) day period a citation shall be issued to
the owner or custodian of the animal.
(g) Amplifying Devices for Hawkers and Peddlers.
The operation of any vehicle or instrumentality equipped with, or
to which is attached and used any loudspeaker or sound amplifying
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Ordinance No. 93-1006/Page 3 of 5
device, or the operation of any device or instrumentality, either
mobile or stationary, through which device the spoken word, or
other sounds are produced or reproduced in such increased volume
as to be clearly audible to a person of normal hearing under
normal and ordinary conditions, for a distance of more than
200 feet, from the source of such sound, or between the hours of
9: 00 p.m. and 8: 00 a.m. without first obtaining a permit for such
operation from the City Administrator, upon application filed
with him, and hearing held, after at least 48 hours notice to the
applicant of such hearing, unless notice is waived, and provided
that if said application is denied, applicant may, within 15 days
from the date of said order of denial, appeal from said decision
of the City Administrator to the City Council, which shall hold a
hearing thereon upon notice to applicant in the same manner as
the hearing before said City Administrator.
(h) Motor Vehicles. The racing of the engine of
any motor vehicle or needless bringing to a sudden start or stop
any motor vehicle.
(i) Pile Drivers, Hammers Etc The operation
between the hours of 6: 00 p.m. and 7:00 a.m. of any pile driver,
steam shovel, pneumatic hammer, derrick, hoist or other
appliance, the use of which is attended by loud or unusual noise.
(j) Construction or Repair of Buildings. The
erection (including excavation) , demolition, alteration,
construction or repair of any building other than between the
hours of 7: 00 a.m. and 6: 00 p.m. on weekdays, except in case of
urgent necessity in the interest of public health and safety, and
then only with a permit from the City Engineer, which permit may
be granted for a period not to exceed three days while the
emergency condition continues, and which permit may be renewed
for periods of three days or less while the emergency continues;
if the City Engineer should determine that the public health,
safety, comfort and convenience will not be impaired by the
erection, demolition, alteration or repair of any building or the
excavation of streets, highways, or other sites within the hours
of 6: 00 p.m. and 7: 00 a.m. , or any part thereof, or on Sunday,
and that substantial loss or inconvenience would result from any
party in interest denied permission to do so, he may grant
permission for such work, on any day, or at such times within
such hours as he shall fix in accordance with such determination.
(k) Yelling, Shouting, Etc Yelling, shouting,
hooting, whistling or singing on the public streets or in a
public place between the hours of 11: 00 p.m. and 7 : 00 a.m. or at
any time or place so as to annoy or disturb the quiet, comfort or
repose of persons in any office, dwelling, hotel or other type of
residence, or of any persons in the vicinity.
(1) Vulgar or Obscene Language Through
Loudspeakers. The uttering through any loudspeaker, soundmaking
or sound-amplifying device of any obscene, vulgar, profane or
indecent language, or uttering language intending to, or which
would reasonably be expected to incite riot, destruction or
damage to property or injury to any person, or intended to or
which would reasonably be expected to incite others to do
unlawful acts or which utterances would reasonably be expected to
create a condition which would result in a clear and present
danger of the commission of such unlawful acts.
(m) Loud Parties or Gatherings Generating any
noise from a party or gathering of two or more people that can be
heard from 50 feet away. The City shall enforce this subsection
(m) as followsg
(1) When a party or gathering of two or more
people occurs on private property and is determined by a law
enforcement officer at the scene to constitute a violation of the
California Penal Code or the Carson Municipal Code, or is
otherwise a threat to the public peace, health, safety or welfare
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Ordinance No. 93-1006/Page 4 of 5
due to the magnitude of the crowd, noise, disturbance or unruly
behavior generated by the party or gathering, or excessive
traffic, or destruction of property, then the law enforcement
officer shall take such actions and give such direction as is
necessary to abate the violation or condition and shall advise
the responsible person orally and in writing that, if additional
law enforcement personnel or emergency service providers
appropriately respond on behalf of the City to abate the
condition, the responsible person and the owner or occupant of
the property shall be held liable for the cost to the City of
providing such services. Such direction and advice shall be
given to the person responsible for the party or gathering or to
the owner or occupant of the property involved. If the condition
is not voluntarily abated and if additional law enforcement
personnel or emergency service providers appropriately respond on
behalf of the City in order to disperse the party or gathering,
quell any disturbance, direct traffic, cite illegally parked
vehicles or otherwise respond, then the cost to the City of such
additional services shall be reimbursed to the City as provided
in paragraph (2) of this subsection (m) .
(2) The person or persons responsible for a party
or gathering described in paragraph (1) of this subsection (m) ,
or the owner or occupant of the property on which the party or
gathering is held, or, if any such person is a minor, the parents
or legal guardian of the minor, shall be jointly and severally
liable for the following costs incurred by the City:
(i) The actual cost to the City of law
enforcement services and emergency services, excluding the
initial response provided by a law enforcement officer, in order
to abate any of the conditions described in paragraph (1) of this
subsection (m) ;
(ii) Damage to public property
resulting from such law enforcement or emergency response; and
(iii) Injuries to any law enforcement or
emergency service personnel involved in such law enforcement or
emergency response.
(3) The Director of Public Safety shall calculate
such all costs and shall advise the City Administrator. The
person or persons specified above in paragraph (2) of this
subsection (m) shall be billed by the City Administrator for the
total cost, and payment shall be due and payable within fifteen
(15) days of the billing date. If the amount due is not paid,
the City may collect the debt, as well as any fees and costs
incurred in its collection, pursuant to all applicable provisions
of law.
Any person, firm or corporation violating any provision
of this section shall be guilty of an infraction and shall be
punishable as provided in Chapter 2 of Article I of this Code. "
Section I. Section 4210 of Chapter 2 of Article IV of
the Carson Municipal Code is hereby added to read:
114210. Driving While Under the Influence; Collection
of Expenses for Emergency Response.
(a) No person shall operate a motor vehicle while
under the influence of an alcoholic beverage and/or any drug. A
person is considered to be under the influence of an alcoholic
beverage and/or any drug when, as a result of drinking an
alcoholic beverage and/or using a drug, his or her physical or
mental abilities are impaired to a degree that he or she no
longer has the ability to operate a motor vehicle with the
caution characteristic of a sober person of ordinary prudence
under the same or similar circumstances.
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Ordinance No. 93-1006/Page 5 of 5
(b) Any person whose operation of a motor vehicle
in violation of subsection (a) of this Section 4210 proximately
causes any incident to which law enforcement personnel and/or
emergency service providers appropriately respond on behalf of
the City, is liable for all costs incurred by the City in
providing the law enforcement and/or emergency response.
(c) The Director of Public Safety shall calculate
all such costs and shall advise the City Administrator. The
person specified above in subsection (b) of this Section 4210
shall be billed by the City Administrator for the total cost, and
payment shall be due and payable within fifteen (15) days of the
billing date. If the amount due is not paid, the City may
collect the debt, as well as any fees and costs incurred in its
collection, pursuant to all applicable provisions of law. "
Section 4. The Director of Public Safety is hereby
authorized and directed to formulate appropriate procedures to be
followed by law enforcement personnel when responding to a loud
party or gathering in accordance with Section 4101 of Chapter 1
of Article IV, and to prepare a form of notice to be delivered to
violators. The Director of Public Safety is hereby further
authorized and directed to formulate appropriate procedures to be
followed by law enforcement personnel and other City emergency
service providers when responding to an incident caused by the
negligent operation of a motor vehicle in accordance with Section
4210 of Chapter 2 of Article IV of the Carson Municipal Code.
PASSED, APPROVED AND ADOPTED this 3rd day of August; 1993.
Mi hael I. Mit6ma, Mayor
Attest;
S
Helen awagoe, Cit Clerk
Approved as to form:
City Attorney (Asst.)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 93-1006 passed first reading on July 20 1993, was
duly and regularly adopted by the City Council of said City at a regular meeting
of said Council, duly and regularly held on the 3rd day of August. 1993, and that the
same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Muise-Perez, Olaes, Fajardo, and Mitoma
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Calas
( 1 G
City Clerk, City of Carson, C f lifornia
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