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HomeMy WebLinkAbout2007/04/24 Item 2 ~\)O?\\O~ ORDINANCE NO. f..CO~'i) ?f..~'i)\~G ~~\) AN ORDINANCE OF THE CITY OF CJtJtA VISTA AMENDING TffiE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY MTI DISORDERLY CONDUCT WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChuJa Vista, acting through the City Council [the Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent ofthe Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: Page 1 Qf8 81f~ I Ordinance No. SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Disturbing, excessive, offensive, or unreasonable noises - Prohibited- Exceptions. A. It is unlawful for any person in any commercial or residential zone in the City to make, continue, or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise, which disturbs the health, safety, general welfare, or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District. B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following: I. The degree of intensity of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level of the noise; 5. The proximity of the noise to sleeping facilities; 6. The nature and zoning ofthe area from which the noise emanates and the area where it is received; Page 2 of8 :211- ;;L Ordinance No. 7. The time of day or night the noise occurs; 8. The duration of the noise; and 9. Whether the noise is recurrent, intermittent, or constant. C. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation of this section and to constitute a public nuisance: I. Radios, Phonographs, Amplifiers, and Other Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort, or quiet enj oyment of any reasonable person of normal sensitivity in the vicinity; 2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of property of any person in the vicinity; 3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, or sale; 4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound, which is heard upon a public street, for the purpose of Pa~e 3 of8 ;)A-8 Ordinance No. commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dwelling, hotel, or other type of residence; 5. Yelling, Shouting. Loud or raucous yelling or shouting on public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m., or at any time or place in a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction; 6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom; 7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine, unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise; 8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity, between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community; Page 4 of8 :;. f/' t/ Ordinance No. 9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shaIl increase the engine's revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfIring the engine, or other noise from the engine tailpipe or muffler; 10. Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up; 11. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters, shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood. D. Prima Facie Violations. Any of the following shall constitute evidence ofa prima facie violation of this section: Pa&e 5_of 8 :219- 5 Ordinance No. I. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier, or similar machine or device between the hours of II :00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or premises in which it is located; 2. The operation of any sound amplifier, which is part of or connected to, any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of fifty (50) feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance offifty (50) feet from the source. 17.24.050 Enforcement of Prima Facie Violations. A. Any person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040, is empowered to confiscate and impound as evidence any or all ofthe components amplifying or transmitting the sound. B. Any peace officer, as defined in the California Penal Code, who encounters evidence of a prima facie violation of Section 17.24.040 whereby the components amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting Paj;(e 6_Qf8 d-A"~ Ordinance No. component(s) cannot be readily removed from the vehicle without damaging the component(s) or the vehicle. 17.24.060 Repeated Violations - Public Nuisance-Responsible Person - Cost Recovery. A. Any person, who is responsible for a second violation of Section 17.24.040 within one year (365 days) of the first violation at a place or premises including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defined by state and/or local law. To be deemed a person responsible for repeated violations of Section 17.24.040, it is not necessary for the person to be found criminally liable for a violation ofthe section. In addition to other penalties allowed by state law or this Municipal Code, a person responsible for repeated violations of Section 17.24.040 may be subject to an administrative fine of $1,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CYMe Chapters 1040 and 1041 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 committed by a tenant. A property owner, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to PaB'e 7, of 8 :JA- ? Ordinance No. ensure that the property is not being maintained in a manner to constitute a public nuisance as defmed by state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one year (365 days) ofa previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare, or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CYMC 1.41.140, and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this Municipal Code, or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions oftrus Municipal Code or any state law arising out of the same circumstances necessitating the application of this section. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Richard P. Emerson Chief of Police ~~~ ;7~e City Attorney J:\Attorney\JDA WSON\Ordinanccs\Noisc Qrdinance.fnl (CLEAN copy ofREDLINE-SOL04-12-07.doc Pag,e 8_ of 8 c:; fI- ~ ORDINANCE NO. ~~D f\DO?\\O~ 1== ~D\\{G " AN ORDINANCE OF THE CITY OF!;ceIlltID~YISTA AMENDING TITLE 9 OF THE CHULA visTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by tbe California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City ofChula Vista, acting through the City Council [the Council] finds that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of residential property, and general welfare; and WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages by minors; further, the Council finds that persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings; and WHEREAS, control of gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; and de,1 Ordinance No. WHEREAS, police officers often are required to make multiple responses to the location of a gathering where alcoholic beverages are consumed by minors in order to disperse uncooperative participants, causing a drain on public safety resourCeS and in some cases, leaving other areas of the City with delayed police response; and WHEREAS, problems associated with gatherings where alcoholic beverages are consumed by minors are difficult to prevent and deter unless the City of Chula Vista Police Department has the legal authority to arrest offenders and direct the host to disperse the gathering; and WHEREAS, police ability to abate gatherings on private property where alcohol is consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public safety; and WHEREAS, it is the intent of the Council that liability under this Ordinance applies to any person in control of private property who knowingly hosts, permits, or allows a party, gathering, or event where minors are present and an alcoholic beverage is being consumed by any minor, where the person in control of the private property knows or reasonably should know that a minor has consumed an alcoholic beverage; and WHEREAS, it is the further intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises, including any commercial premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering; -PAGE 2 OF 8- ;26- d- Ordinance 1'."0. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14, Sections 9.14.010 through 9.14.070 to read as follows: Chapter 9.14 Alcohol Consumption by Minors 9.14.010 Purpose and intent. The City Council frods and declares as follows: A. The City ofChula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare; C. Minors often obtain alcoholic beverages at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control ofa person who knows or should know of the consumption ofa1coholic beverages by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages by minors at these gatherings. .p AG.E 3. QF 8. :28,3 Ordinance No. E. The ability of police officers to control gatherings on private property where alcoholic beverages are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare ofthe public. F. Gatherings involving consumption of alcohol by minors, as defmed by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this Municipal Code. G. The purpose and intent of this chapter is: (I) to protect public health, safety, and general welfare of people and premises in the city, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages through criminal, civil, administrative, and other penalties as allowed by state and local law . 9.14.020 Definitions. For purposes of Sections 9.14.0 I 0 through 9.14.070, the following definitions shall apply: "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (I) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. -PAQE 4 OF 8- ~13~ J/ Ordinance No. "Gathering" is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity. "Legal Guardian" means: (I) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under twenty-one years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. "Premises" means any residence or other private property, place, or premises, including any commercial or business premises. "Response costs" are the costs associated with responses by law enforcement, fIre, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits oflaw enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene ofa gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene ofa gathering; and (4) any other allowable costs related to the enforcement of Sections 9.14.030 and 9.14.040. 9.14.030 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public. Except as permitted by state law, it is unlawful for any minor to: -PAGE 5. QF 8- d& 5 Ordinance No. A. consume at any public place or any place open to the public any alcoholic beverage; or B. consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 9.14.040 Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors Consuming Alcoholic Beverages Prohibited. A. Imposition of Duty and Violation. I. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifYing the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in Subsection A.I of this section. -PAGE 6 OF 8- ;213-? Ordinance No. B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, ofthe California Constitution. C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. 9.14.050 Mandatory Minimum Fines. Criminal violations of Sections 9.14.030 and 9.14.040 shalI be punishable, on a first offense, by a mandatory minimum fme of$100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a mandatory minimum fme of$200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000 per incident, as alIowed by Section 9.14.060. The administrative fine shalI constitute a debt of the responsible person to the City, and shalI be payable to the City in the manner provided in CYMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. 9.14.060 Reservation of Legal Options. Violations of Sections 9.14.030 and 9.14.040 may be prosecuted by the City ofChula Vista, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City ofChula Vista may seek administrative fees and response costs associated with enforcement of Sections 9.14.030 and -PAGE 7 OF 8- cJ8-7 Ordinance No. 9.14.040, through all remedies or procedures provided by statute, ordinance, or law. Sections 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 9.14.030 and 9.14.040, nor shall they limit the City ofChula Vista's or the People of the State of California's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Section 9.14.030 or 9. ]4.040. 9.14.070 Local Authority. Sections 9.14.010 through 9.]4.060 shall not apply where prohibited or preempted by state or federal law . SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by Approved as to form by Richard P. Emerson Chief of Police r J:\Anomey\1DA WSON\OrdinlUlces\Social Host (RED LINE-SOL 04-17-07.doc -PAGE 8 OF 8- db-?