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HomeMy WebLinkAbout2009-07-14 - AGENDA REPORTS - AMEND MUNICODE NOISE LIMITS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: July 14, 2009 Anthony La Berge SECOND READING OF ORDINANCE AMENDING CHAPTER 11.44 OF TITLE 11 "NOISE LIMITS," OF THE SANTA CLARITA MUNICIPAL CODE DECLARING LOUD PARTIES TO BE A PUBLIC NUISANCE AND PROVIDING PROVISIONS FOR ABATEMENT OF SAME City Manager's Office RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled, "AMENDING CHAPTER 11.44 OF TITLE 11 "NOISE LIMITS," OF THE SANTA CLARITA MUNICIPAL CODE DECLARING LOUD PARTIES TO BE A PUBLIC NUISANCE AND PROVIDING PROVISIONS FOR ABATEMENT OF SAME." BACKGROUND On June 23, 2009, the City Council passed to second reading amendments to the Municipal Code that will implement an effective deterrent to loud parties by creating an Administrative Citation process whereby the homeowner, instead of the "individual responsible," will be cited for the loud party. The citation will also carry a fine, directly remitted to the City, which will be used to recoup the costs incurred by the City used to pay for the Sheriff's Department's services. ALTERNATIVE ACTIONS Other action as determined by the City Council. A ds���° —(( FISCAL IMPACT Implementation of the proposed ordinance will be administered by the existing staff of the Sheriffs Department and the Administrative Services Department. A study was performed to determine the actual cost to respond to these nuisances. Based on that study, the amount of the City's actual costs incurred for each response after the initial response (as described in 11.44.096 B. 1.) is $390; which is the amount required to be paid by the responsible person. The cost recovery efforts will be administered by the Sheriffs Department and the Administrative Services Department. ATTACHMENTS Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA CALIFORNIA, AMENDING CHAPTER 11.44 OF TITLE 11 "NOISE LIMITS," OF THE SANTA CLARITA MUNICIPAL CODE DECLARING LOUD PARTIES TO BE A PUBLIC NUISANCE AND PROVIDING PROVISIONS FOR ABATEMENT OF SAME THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) Loud parties are a nuisance to the health and well being of the community. The Sheriff's Department dedicates two patrol vehicles to monitor and shut -down the occurrence of loud parties in the City on weekends, when on average of 20-25 daily "loud party" calls are made to the Sheriffs Department. (b) The City of Santa Clarita does not currently have an ordinance the Sheriff's Department can use to effectively enforce and deter loud party violations. (c) Without an effective deterrent, the Sheriff's Department routinely receives repeat calls to the same locations. These repeat violators not only take up an inordinate amount of the Sheriff's deputies' time, but also consistently disrupt the quality of life of those residents in the surrounding neighborhood. (d) In addition, the $200 fine under current law is not remitted to the City, but rather to the court system to pay for the cost of administering the case. Therefore, there is no recovery mechanism to recoup the costs incurred by the City used to pay for the Sheriff Department's services. (e) For all of these reasons, the provisions of this chapter are essential to protect the public health, safety, peace and welfare. (Ord. 94-8,6/14/94) SECTION 2. Amendment of Chapter 11.44, Sections 11.44.050, 11.44.110. Chapter 11.44, Sections 11 44.050 and 11.44.110, of the City of Santa Clarita Municipal Code are amended to read as follows: 11.44.050 Loud, Unnecessary and Unusual Noises Prohibited; Standards for Determining. Notwithstanding any,other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made and continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. 3 The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: A. The level of the noise; B. Whether the nature or origin of the noise is usual or unusual; C. The nature or zoning of the area within which the noise emanates; D. The density of the inhabitation of the area within which the noise emanates; E. The time of day or night; F. The duration of the noise; G. Whether the noise is recurrent, intermittent or constant; H. Whether the noise is produced by a commercial or noncommercial activity. The volume and intensity of the background noise, if any. The proximity of the noise to sleeping facilities. 11.44.110 Violations—Infractions, Misdemeanors—Remedies. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, unless: A. The violation is classified as an infraction in the City of Santa Clarita Municipal Code in which case the person shall be guilty of an infraction; or B. A designated public officer or employee issues a citation charging the offense as an infraction. C. As an additional remedy for violations of this chapter, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness, or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance which may be abated through summary abatement, administrative abatement, or abatement by a restraining order or injunction issued by a court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable subject to Section 1.01.230." SECTION 3: Adoption of Chapter 11.44, Sections 11.44.092, 11.44.094, and 11.44.096. Chapter 11.44, Sections 11.44.092, 11.44.094, and 11.44.096 of the Santa Clarita Municipal Code are adopted to read as follows: "Section 11.44.092. Acts constituting disturbing, excessive, loud, offensive noise. The following activities, among others, are declared to cause disturbing, excessive, loud, or offensive noises in violation of this chapter and causing or permitting such activities is unlawful; provided, however, that inclusion in this section shall not be construed as limiting the type of activities which may be found to cause disturbing, excessive, loud, or offensive, noises: (A) Loud Parties. Causing or permitting a gathering of two or more people on private property which is determined by law enforcement personnel at the scene to be a loud party in violation of this section because it is disruptive to the public peace, health, safety, or welfare due to the magnitude of the crowd, noise, disturbances, unruly behavior of those attending the party or gathering, excessive traffic or traffic congestion, illegally parked vehicles blocking other traffic or fire access or destruction of property. (1) For the purposes of this chapter, "responsible person" means the person who owns the property where the party, gathering or event takes place; the person in charge of the premises; and/or the person who organized the event. If the responsible person is a minor, then the parents or guardians of that minor are also responsible persons whether or not they are present at the party. All responsible persons, as defined herein, are deemed to have caused or permitted the loud party and are responsible for and may be charged with a violation of this chapter; provided, however, a property owner who is not present at the party or gathering may not be charged with a violation of this chapter unless the absentee owner had knowledge that the party or gathering was occurring, was planned to occur or reasonably should have known the party or gathering would occur. This exception does not apply to a parent or guardian of a responsible person who is a minor. (2) Prima Facie Violations of this Subsection. The following shall constitute evidence of a prima facie violation of this subsection; provided, however, that inclusion herein shall not be construed as limiting the activities which may be found to violate this subsection: A party, event or gathering where: (a) Noise emanating from or attributable to that party, event or gathering is audible from a distance of 50 feet from the source of that noise; or (b) Persons present at the party, or gathering are acting in a wild, unruly, uncontrollable manner disruptive to neighbors; or (c) The number of persons present violates the fire code, presenting a fire hazard; or WAJ (d) Vehicles of those attending the party or gathering are illegally parked or parked in a manner to cause traffic congestion or to block traffic or fire access; or (e) Persons present at the party or gathering have caused or are causing destruction to property of others. Section 11.44.094. Loud parties are a public nuisance. Loud parties are defined in this chapter are hereby declared to be a public nuisance and may be abated as set forth herein or as otherwise provided by law. (A) Authority of Law Enforcement Personnel. Law enforcement personnel are authorized to take all actions and to give all directions and orders that may be necessary to abate the nuisance, violation or condition, including the arrest of, or issuance of citations to, the responsible person or persons, and any others who are in violation of this chapter or any other state statute or local' ordinance. (B) Cease and Desist Order. No person shall fail or refuse to obey or fail to comply with orders of law enforcement personnel to discontinue the loud party, to disperse or vacate the location of the loud party, and to turn off radios, television sets, phonographs, loud speaking amplifiers, and similar devices. Refusal to comply with such an order is a separate and additional offense from that of causing or, permitting a loud party. (C) Loud Party Participation Prohibited. All persons attending a party or social gathering declared to be a public nuisance by law enforcement personnel shall immediately disperse upon the order of law enforcement personnel, and all persons not domiciled at the site of such party or social gathering shall immediately leave the premises. No person shall fail or refuse to obey and abide by such an order. Section 11.44.096. Reimbursement for law enforcement costs. If after issuance of a written reimbursement notice as required by this section, law enforcement personnel are required to respond to the property to address another violation of this chapter within one calendar year after issuance of said notice, then the responsible person or persons, as defined in this chapter, shall be jointly and severally liable for all actual costs and expenses incurred by the City during second or subsequent responses. (A) Written Reimbursement Notice. Law enforcement personnel responding to a loud party shall issue a written reimbursement notice to the responsible person that if within one calendar year after the initial response law enforcement personnel are again required to respond to the property to address a violation of this chapter, then the responsible person shall be liable to reimburse the City for all costs and expenses incurred by law enforcement personnel during second or subsequent responses for violations of this chapter. (B) Reimbursement of Costs and Expenses. All responsible persons for a party or gathering, which requires a second or subsequent response, as described herein above are jointly 4 (0 and severally liable for the following costs and expenses incurred by the City: (1) The actual costs incurred by the City for the services of the law enforcement personnel for each response after the initial response; (2) Damage to public property incurred in the course of any second or subsequent response by law enforcement personnel; and (3) Injuries to any law enforcement personnel involved in a second or subsequent response. (C) Collection. The expense of a reimbursable response hereunder shall be charged against the person liable for the expense under this chapter. The charge constitutes a debt of that person to the City, and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied. (D) Other Penalties Not Precluded. Nothing contained in this subsection is intended to preclude the filing of any administrative or criminal charges or the imposition of criminal fines or administrative penalties, or the summary, civil or administrative abatement of any public nuisance under state or local law, including other sections of this chapter, against any person or persons who may be subject to the reimbursement provisions of this section. SECTION 4. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent by judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 5. NON -EXCLUSIVITY. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. SECTION 7. PUBLISHING. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. PASSED, APPROVED and ADOPTED this day of )2009. FRANK FERRY, MAYOR ATTEST: 7 SHARON DAWSON, CITY CLERK APPROVED AS TO FORM: CARL K. NEWTON CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA ) I, , being first duly sworn, depose and say: That (s)he is the duly appointed and qualified City Clerk of the City of Santa Clarita: That in compliance with State Laws of the State of California, ORDINANCE NO. , being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA CALIFORNIA, AMENDING CHAPTER 11.44 OF TITLE 11 "NOISE LIMITS," OF THE SANTA CLARITA MUNICIPAL CODE DECLARING LOUD PARTIES TO BE A PUBLIC NUISANCE AND PROVIDING PROVISIONS FOR ABATEMENT OF SAME. A certified copy of the full text of Ordinance No. _, along with the names of those City Council Members voting for and against said Ordinance, was caused to be posted in the Office of the City Clerk. SHARON DAWSON, CITY CLERK (SEAL)