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O 434 C.S. .- . - . " . 97 , 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 , --_._- -- .,.,.---.--. --- --.-. ._-. _._-~--_._~----'--- .. 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. ---------"-" __ __.___.... _u.._._ ..._ _.._.__ . . "- Ordinance 434 c.9;9 . 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 I 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. -- .'^...._~. ~----- . . Ordinance 434 C.S. o 10.{) . (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: ./ 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. ....... ~(j.~ CI Y CLERK \ I i ---_.--