HomeMy Public PortalAboutOrd. 1441~ , ! _ ~ ~
CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1441
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING SUBSECTION 3-
12.16 OF SECTION 3-12 OF TITLE 3 OF THE LYNWOOD MUNICIPAL CODE
RELATING TO LOUD PARTIES OR GATHERINGS IN ALL RESIDENTIAL
ZONES OF THE CITY
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds and determines that parties or gatherings on
private property within residential zones of the City frequently disturb the public peace and require
__ _ multiple responses by law enforcement _personnel._To_protect the public health;.. safety and _ __ _._.
welfare, the City intends to regulate these activities and to require those persons whose acts or
omissions create the need for multiple responses by law enforcement personnel to reimburse the
City's costs and expenses incurred in providing those responses.
Section 2. Subsection 3-12.16 of Section 3-12 of Title 3 of the Lynwood
` Municipal Code is amended in its entirety to read as follows:
" 3-12.16 Loud Parties or Gatherings in Residential Zones.
a. Aoolicabilitx.
The provisions of this subsection apply to the person or persons.
responsible for a party or gathering on private property within any residential zone of the
City where loud -music or other noise emanating from or attributable to that party or
gathering is audible from a distance of 50 feet from the source of that loud music or other
noise.
b. Initial Response to-Loud Parties or Gatherings.
When a party or .gathering of two or more people takes place on
private property within any residentia! zone of the City and is determined by law
enforcement personnel at the scene to constitute a violation of the California Penal Code
or the Lynwood Municipal Code, or is otherwise disruptive to the public peace, health,
safety, or welfare due to the magnitude of the crowd, loud music or other noise,
_ disturbances, unruly behavior of those attending the party or gathering, excessive traffic,
or destruction of property, then the law enforcement personnel are authorized to take all
actions and to issue all directives as may be necessary under the circumstances to abate
the violation or condition, including the following:
(i) Arrest, or issue citations to, the person or persons who are
in violation of any state statute or loud ordinance including, without limitation, the person
or persons owning or occupying the. premises where the party or gathering is being held
who have created a disturbance of the peace by authorizing, permitting, or otherwise
consenting to the performance of a live band, the playing of one or more musical
instruments, or the playing of music by means of any electronic or mechanical device that
produces or reproduces sound.
(ii) Direct the person or persons responsible for any party or
gathering that creates a disturbance of the peace to terminate immediately the
performance- by any live band, the playing of one or more. musical instruments, or the
playing of music by means of any electronic or mechanical device that produces or
reproduces sound.
(iii) Issue a written notice and warning to the person or persons
owning or occupying the premises where the party or gathering is being held that if, within
the following 12-hour period, law enforcement personnel are again required to respond to
that location to abate a violation or condition, the owner or occupant of the premises will
be liable for the costs and expenses incurred by the City in providing that additional
response.
c. Second and Subsequent Responses.
~. _ ,° ..
If, after issuance of the notice and warning specified above in
paragraph b(iii), the condition or violation is not abated and law enforcement personnel
are again required within the following 12-hour period to respond to the same location in
order to disperse the party or gathering, quell any disturbance of the peace, direct traffic,
,cite illegally parked vehicles, or to provide similar services, then the costs and expenses
of each such response must be reimbursed to the City as provided in paragraph d below.
d. Reimbursement of Costs and Expenses.
The person or persons responsible for a party or gathering that
requires a second or subsequent response as referenced above in paragraph c, 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, are jointly and' severally
_;Jiable for the following costs and expenses incurred by the City:
(i) The actual costs and expenses for the services of the law
enforcement personnel, excluding the initial response, that are incurred by the City for
the purpose of abating any of the conditions or violations described above in paragraph c;
(ii) Damage to .public property incurred in the course of any
second or subsequent response by law enforcement personnel; and
(iii) Injuries to any law enforcement personnel involved in a
second or subsequent response.
e. Collection Procedures.
The Sheriffs Department will itemize all reimbursable costs and
expenses and advise the City Manager. The person or persons specified above in
paragraph d will be billed by the City Manager following receipt of the itemized costs and
expenses from the Sheriff's Department, and payment will be due within 15 days of the
billing date. If the amount due is not paid, the City may collect the debt, as well as all
fees and costs incurred in its collection, in accordance with all applicable provisions of
law.
Criminal Penalties not Precluded.
Nothing 3contained in this subsection is intended to preclude the
filing of any criminal charges or the imposition of criminal penalties under the California
.Penal Code or the Lynwood Municipal Code against any person persons who may also be
subject to the reimbursement provisions of this subsection."
Section 3. The Sheriff's Department is authorized and directed to develop
appropriate procedures to be followed by law enforcement personnel when responding to a loud
.party or gathering that is subject to the provisions of Subsection 3-12.16 of Section 3-12 of the
Lynwood Municipal Code, including a form of written notice and warning to be delivered to the
owner or occupant of the premises where the party or gathering is being held.
Section 4. The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause it to be published or posted in the manner required by law.
PASSED, APPROVED and ADOPTED this 19th da ber , 1996.
4 ~
PAUL H: RICHARDS, ,
A EST:
r
ANDREA L. HOOPER, CITY LERK
APPROVED AS TO FORM:
l~:~l.,r,:. l!. ~sk.,
CITY ATTORNEY
STATE OF CALIFORNIA )
. ) _.... .
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the Lynwood City
Council do hereby certify that the above and foregoing is a full,
true and correct copy of Ordinance No. 1441 on file- in my
_ office and that said ordinance was adopted on the 19th day of
November. 199~~~', and passed by the following vote:.
. AYES: COUNCILMEMBER HEINE, REA, RICHARDS
NOES.: NONE
ABSENT: COUNCItMEMBER'BYRD, HENNING
City Clerk, City of Lyn ood
. •r
CITY OF LYNWOOD
LOS ANGELES COUNTY, ,CALIFORNIA
ORDINANCE NO. 1441
_ AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING SUBSECTION 3-
12.16 OF SECTION 3-12 OF TITLE 3 OF THE LYNWOOD MUNICIPAL CODE
RELATING TO LOUD PARTIES OR GATHERINGS IN ALL RESIDENTIAL
ZONES OF THE CITY
THE CITY COUNCIL OF THE-CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds and determines that parties or gatherings on
private property within residential zones of the City frequently disturb the public peace and require
multiple responses by law, enforcement personnel. To protect the public health, safety and
welfare, the City intends to regulate these activities and to require those persons whose acts or
omissions create the need for multiple responses by law enforcement personnel to reimburse the
City's costs and expenses incurred in providing those responses.
Se ion 2. Subsection 3-12.16 of Section 3-12 of Title 3 of the Lynwood
Municipal Code is amended in its entirety to read as follows:
"3-12.16 Loud Parties or Gatherings in Residential Zones.
a. Applicability.
The provisions of this subsection apply to the person or persons
responsible for a party or gathering on private property within any residential zone of the
City where loud music or other noise emanating from or attributable to that party or
gathering is audible from a distance of 50 feet from the source of that loud music or other
noise.
b. Initial Response to Loud Parties or Gatherings.
When a party or gathering of two or more people takes place on
f,rivate property within any residential zone of the City and is determined by law
enforcement personnel at the scene to constitute a violation of the California Penal Code
or the Lynwood Municipal Code, or is otherwise disruptive to the public peace, health,
safety, or welfare due to the magnitude of the crowd, loud music or other noise,
disturbances, unruly behavior of those attending the party or gathering, excessive traffic,
or destruction of property, then the law enforcement personnel are authorized to take all
actions and to issue all directives as may be necessary under the circumstances to abate
the violation or condition, including the following:
(i) Arrest, or issue citations to, the person or persons who are
in violation of any state statute or loud ordinance including, without limitation, the person
or persons owning or occupying the premises where the party or gathering is being held
who have created a disturbance of the peace by authorizing, permitting, or otherwise
consenting to the performance of a live band, the playing of one or more musical
instruments, or the playing of music by means of any electronic or mechanical device that
produces or reproduces sound.
(ii) Direct the person or persons responsible for any party or
gathering that creates a disturbance of the peace to terminate immediately the
_ performance by any live band, the playing of one or more musical instruri~ents, or tyre
playing of music by means of any electronic or mechanical device that produces or
reproduces sound.
(iii) Issue a written notice and warning to the person. or persons
owning or occupying the premises where the party or gathering is being held that if, within
the following 12-hour period, law enforcement personnel are again required to respond to
that location to abate a violation or condition, the owner or occupant of the premises will
be liable for the costs and expenses incurred by the City in providing that additional
response.
Second and Subsequent Responses.
If, after issuance of the notice and warning specified above in
.,paragraph b(iii), the condition or;' violation is not abated and law enforcement personnel
are again required within the following 12-hour period to respond to the same location in
order to disperse the party or gathering, quell any disturbance of the peace, direct traffic,
cite illegally parked vehicles, or to provide similar services, then the costs and expenses
of each such response must be reimbursed to the City as provided in paragraph d below.
d. Reimbursement of Costs and Ex enses.
. The person or persons responsible `for a party or gathering that
requires a second or subsequent response as referenced above in paragraph c, 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, are jointly and severally
liable. for the following costs and expenses incurred by the City:
(i) The actual costs and expenses for the services of the law
enforcement personnel, excluding the initial response, that are incurred by the City for
the purpose of abating any of the conditions or violations described above in paragraph c;
(ii) Damage to public property incurred in the course of any
second or subsequent response by law enforcement personnel;. and
(iii) Injuries to any law enforcement personnel involved in a
second. or subsequent response.
e. Collection Procedures.
The Sheriffs Department will itemize all reimbursable costs and
expenses and .advise the City Manager. The person or persons specified above in
paragraph d will be billed by the City Manager following receipt of the itemized costs and
expenses from the Sheriffs Department, and payment will be due within 15 days of the
billing date. If the amount due is not paid, the City .may collect the debt, as well as all
fees and costs incurred in its collection, in accordance with all applicable provisions of
law.
f. Criminal Penalties not Precluded.
Nothing contained in this subsection is intended to preclude the
filing of any criminal charges or the imposition of criminal penalties under the California
Penal. Code or the Lynwood Municipal Code against any person persons who may also be
subject: to the reimbursementprovisions of this subsection."
Section 3. The Sheriffs Department is authorized and directed to develop
appropriate procedures to be followed by law enforcement personnel when responding to a loud
party or gathering that is subject to the provisions of Subsection 3-12.16 of Section 3-12 of the
Lynwood .Municipal Code, including a form of written notice and warning to be delivered to the
owner or occupant of the premises where the party or gathering is being held.
Section 4. The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause it to be published or posted in the manner required by law.
PASSED, APPROVED and ADOPTED this 19th da , 1996.
PAUL H. RICHARDS,
A EST:
~~C <~ t ~
ANDREA L. HOOPER, CITY CLERK
APPROVED AS TO .FORM:
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the Lynwood City
Council do`hereby certify that the above and foregoing is a full,
.. true; and correct copy of Ordinance No. 1441 on file in my
office and that said ordinance was_ adopted on _the ~ 19th day of
November 199 and passed by the following vote:
AYES: COUNCItMEMBER HEINE, REA, RICHARDS
NOES : NONE
ABSENT: COUNCILMEMBER BYRD, HENNING
City Clerk, City of Lyn ood