O 434 C.S.
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ORDINANCE NO. 434 C.S.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AMENDING
THE MUNICIPAL CODE TITLE 5, BY ADDING
CHAPTER 17 REGARDING PARTIES AND
CHAPTER 18 REGARDING PARTY SECOND RESPONSE FEE
AND AMENDING TITLE 6, BY ADDING CHAPTER 11
REGARDING PUBLIC URINATION/DEFECATION
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Title 5 of the Arroyo Grande Municipal Code is amended
by adding Chapter 17 and Chapter 18 as follows:
CHAPTER 17
PARTIES
5-17.01 A party for the purpose of this Chapter is defined as
a gathering for social and/or entertainment purposes at
a private residence or other location.
5-17.02 Admission for the purpose of this Chapter shall be
defined as a fee, charge, donation or any other
consideration which is required for entrance into the
location of the party.
5-17.03 For the purpose of this Chapter, persons conducting a
party or allowing a party to be conducted shall
include:
(a) The owner(s) or lessee(s) of the property where
the party is being given;
(b) The person(s) responsible for giving the party;
(c) The person(s) receiving the money for admission
to the party and/or for any alcoholic beverages
served at the party;
(d) The person(s) serving, furnishing, or making
available any alcoholic beverages.
5-17.04 No person shall conduct or allow to be conducted a
party where admission is charged without first having
obtained a Police Entertainment Permit as defined in
section 5-3.01 of this Code, except however, that the
provisions of this section shall not apply to fund-
raising activities by charitable, religious, or non-
r profit organizations as designated in sections 3-1.301
, and 3-1.303 of this Code.
5-17.05 It shall be unlawful to conduct a party at a private
residence or other location where an admission is
charged and alcoholic beverages are served or available
unless a license/permit has been obtained from the
California Department of Alcoholic Beverage Control.
5-17.06 Upon issuance of a citation or an arrest pursuant to
this Chapter, any alcoholic beverages and/or apparatus
for serving alcoholic beverages seized as evidence
shall be destroyed at the conclusion of judicial
proceeding unless otherwise ordered by a competent
court.
5-17.07 Upon issuance of a citation or an arrest pursuant to
this Chapter, all monies seized as evidence shall be
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9 a Ordinance 434 C.S.
forfeited to the city's General Fund at the conclusion
of judicial proceedings unless otherwise ordered by a
competent court.
5-17.08 It shall be unlawful for a person(s) under the age of
21 years to conduct a party where alcoholic beverages
are furnished.
5-17.09 It shall be unlawful for the owner(s) or lessee(s) of
a property to allow person(s) under the age of 21 years
to conduct a party where alcoholic beverages are
available.
5-17.10 It shall be unlawful to conduct or allow to be
conducted a party which has present a band, orchestra, ~
radio, phonograph, or any other electronic sound
reproduction and/or amplification device/system between
the hours of 10:00 p.m. and 8:00 a.m. which produces
sound in volume sufficiently loud to disturb the peace,
quiet, or repose of persons of ordinary and normal
sensitivity in the neighborhood. The operation of any
such equipment in such a manner as to be plainly
audible either at a distance of fifty (50) feet from
the location of the party or from inside a neighboring
residence shall be prima facie evidence of a violation
of this Section.
5-17.11 It shall be unlawful to conduct or allow to be
conducted a party where there is loud or boisterous,
noise or commotion between the hours of 10:00 p.m. and
8:00 a.m., if such noise is sufficiently loud to
disturb the peace, quiet, or repose of persons of
ordinary and normal sensitivity in the neighborhood.
Such noise or commotion which can be plainly heard
either at a distance of fifty (50) feet from the
location of the party or from inside a neighboring
residence shall be prima facie evidence of a violation
, of this section.
II 5-17.12 The violation of any section contained in this Chapter
is a misdemeanor.
CHAPTER 18
PARTY SECOND RESPONSE FEE
5-18.01 Liabilitv of Cost for Police Services.
I Notwithstanding any other provisions of this Code, when
I a party, gathering, or unruly assemblage occurs at a
premises and a police officer at the scene determines
that there is a threat to the public peace,. health, ~
safety or general welfare, the person in charge of the i
premises and the person responsible for the event, or '
if either of those persons is a minor, the parents or
guardians of that minor, shall be held jointly and
severally liable for the cost of providing pOlice
personnel on a special security assignment over and
above the services normally provided by the Department.
5-18.02 Issuance of Written Warnina
When a pOlice officer determines that a party or
gathering, is a threat to the Dublic Deace. health.
safetv or qeneral welfare. the pOlice officer shall
issue a written warning to the person responsible for
control of the location of the event, or if either of
those persons is a minor, the parents or guardians of
that minor.
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"- Ordinance 434 c.9;9
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5-18.03 Content of Written Warninq
The written warning shall state that if police
department personnel are required to return to the
location of the party or gathering with a twenty four
(24) hour period and the responding personnel determine ,
that the subsequent event is a threat to the public I
peace, health, safety or general welfare, each such
response shall constitute the provision of special
security services. The warning shall state that the
person receiving the warning shall be charged for the I
cost of the City providing such special security r
services for the event.
~ 5-18.04 Costs for SDecial security services
The costs of providing these special security services
shall include all reasonable costs incurred by the City
attributable to the subsequent response to the party or
gathering, including but not limited to salary and
applicable benefits of city personnel, use of and/or
damage to city equipment, treatment of injuries to city
personnel, and/or administrative costs necessary to
process, bill and collect service charges.
5-18.05 Collection. of Costs
The collection costs for these special security
services shall not be in excess of one thousand dollars
for each subsequent response or as specified in section
53155 of the California Government Code. The City
shall have the option to pursue any other legal
remedies for recovery when such costs exceed one
thousand dollars per response.
5-18.06 ADPeal of service Charqe
,The invoice shall notify the responsible party that a
right to present any evidence or argument challenging
the invoiced amount shall be available if such request
is received by the Police Department within 10 days of
the date the notice is mailed. The Police Department
shall hold a hearing within 10 days of the request, and
shall uphold, reject or modify the invoice costs.
5-18.07 Debt Owed to Citv
The amount of such costs charged shall be deemed a debt
owed to the city by the person or persons responsible
for use of the special security services. If the
persons responsible are minors, the debt shall be I
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charged to the parents or guardians of the minors.
". Any person required to pay such costs shall be liable
in an action brought in the name of the city for
recovery of such costs, including reasonable attorney I s
fees.
SECTION 2: Title 6 of the Arroyo Grande Municipal Code is amended
by adding Chapter 11 as follows:
CHAPTER 11
PUBLIC URINATION/DEFECATION
6-11. 01 It shall be unlawful to urinate or defecate in a public
place open to public view and not intended for such
purposes or in or on the property of another without
the express permission of the owner, lessee, or person
otherwise in control or possession of the property.
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(a) Violation of this Section is a misdemeanor.
(b) This section shall not apply to a business open
to the public which has a restroom(s) for the
purpose of serving the public.
SECTION J. A summary of this ordinance shall be published in a
newspaper and circulated in said city at least five (5) days prior
to the city Council meeting at which the proposed ordinance is to
be adopted. A certified copy of the full text of the proposed
ordinance shall be posted in the office of the city Clerk. Within
fifteen (15) days after adoption of the ordinance, the summary with .......
the names of those city Council members voting for and against the
ordinance shall be published again, and the city Clerk shall post
a certified copy of the full text of such adopted ordinance.
On motion of council Member Smith ,
seconded by Council Member Dougall , and on the
following roll call vote, to wit:
AYES: Council Members Smith, Dougall, Moots, Olsen and Mayor Millis
NOES: None
ABSENT: None
the foregoing Ordinanne was passe~thiS 12th day of
March , 1991. . '~
~ M. MILL~MAYO~
ATTEST: ~:da.~ "
NANCY A DAVIS, CITY CLERK
APPROVED AS TO FORM:
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ATTORNEY
I, NAOCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance No. 434 C.S. is a true, full .
and =rrect copy of said Ordinance passed and adopted at a regular meetJ.ng
of said Council on the 12th day of March, 1991.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 18th day of March, 1991. .......
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CI Y CLERK
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