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HomeMy WebLinkAboutORD 1196ORD 1196$Í;¢f4õORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 130.43 OF CHAPTER 130 OF THE BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR POLICE ENFORCEMENT OF LOUD OR UNRULY ASSEMBLAGES WHEREAS, there have been. and there continue to be. loud and unruly parties, gatherings, and events hereinafter assemblages") held at various places within the City that produce obnoxious levels of noise, contribute to fighting and public drunkenness, and facilitate nuisances and other unlawful and dangerous conditions; WHEREAS, said assemblages constitute threat to the public peace, health, safety and general welfare to nearby children, families and residents; to neighborhoods; and to the community at large; WHEREAS, the City's current provisions authorizing police action to respond to said assemblages, codified at Chapter 130, section 130.43 of the Baldwin Park Municipal Code, is insufficient to adequately protect the public peace, health, safety and general welfare with regard to said assemblages; and WHEREAS, the public peace, health, safety and general welfare with regard to said assemblages would be better protected by amending section 130.43 of the Baldwin Park Municipal Code to provide for: 1) police authorization to shut down assemblages that threaten the public peace, health, safety and general welfare; 2) retaining the current notice and cost provisions of section 130.43; and 3) establishing misdemeanor offenses for obstructing and refusing to comply with police actions to preserve public peace, health, safety and general welfare with regard to assemblages. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: SECTION 1. Section 130.43 of Chapter 130 of the Baldwin Park Municipal Code is hereby amended, as follows: 130.43 LOUD OR UNRULY ASSEMBLAGES. When any loud or unruly assemblage occurs or is held, and the city's police officers are required to respond to the scene in response to citizen complaints and the first responding police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, police action may be taken, criminal penalties may be imposed, and city costs collected as provided in this section. A) Upon the first responding police officer's determination that the assemblage constitutes a threat to the public peace, health, safety or general welfare, then that first responding police officer, or his or her successor or designee. shall do the following: BIB] 37638-U01 ORD-U02 1196-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8942-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1196$Í;¢f4õOrdinance No. 1196 Page 2 1) Notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, of the following: a) Of the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare. b) That if such person or persons fail or are unable to mitigate, and the police department is required to respond a second time, the circumstances of the assemblage constituting a threat to the public peace, health, safety or general welfare such that the threat no longer exists, the Police Department shall have the right to enter the property and any structures or premise thereon and order all individuals participating in the assemblage to exit the property and disperse from the area. c) That such person or persons, or in the case of a minor, the parents and/or guardians of the minor, will be held personally liable for all costs in providing additional police personnel on special security assignment over and above the normal services provided by the Police Department in response to the assemblage, including all costs required to enter the property and disburse individuals participating in the assemblage. 2) If. after a reasonable time following the second notice given according to the provisions of subdivision A) of this section, the supervisor at the scene determines that the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare have not been mitigated, or that additional circumstances have arisen which constitute an additional threat to public peace, health. safety or general welfare, that supervisor may direct any subordinate police officer or officers to do the following: a) To notify the owner of the property and/or the person in charge of the property where the assemblage exists, and/or the person responsible for the assemblage, that the assemblage will be terminated for failure to mitigate the circumstances of the assemblage that constitute a threat to public peace, health, safety or general welfare. b) To enter the property, and any and all structures and premises thereon, on which the assemblage is occurring and order all individuals participating in the assemblage to exit the property and disperse from the area. c) To direct, supervise, assist, escort, and manage individuals exiting the property such that their exit proceeds as quickly and safely as is reasonably possible under the circumstances. F:\USERLIST\Cityderk\Ordinances\Ordinance 1196 Noise Ofd.doc BIB] 37638-U01 ORD-U02 1196-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8942-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1196$Í;¢f4õOrdinance No. 1196 Page 3 d) To order all individuals participating in the assemblage to disperse from the area following their exit from the property, and to direct, supervise, assist, and manage said dispersal from the area such that their dispersal proceeds as quickly and safely as is reasonably possible under the circumstances. 3) If any senior police officer at the scene determines that the assemblage constitutes an imminent threat to the physical safety of individuals or property, the senior police officer shall forgo the provisions for giving notice provided in subdivision 1) of this subdivision A), and shall immediately take action to prevent the threat pursuant to the provisions of subdivision 2) of this subdivision A). B) All police personnel necessarily utilized to control the threat to the public peace, health, safety or general welfare pursuant to subdivision A) of this section shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property where the assemblage occurs, and/or the person responsible for the assemblage, shall be personally responsible for the cost of the special security assignment according to the following terms: 1) Any cost of special security assignment levied pursuant to this subdivision shall be determined upon a cost accounting basis by the city, and shall include the cost damage to city property and/or injury to city personnel, all costs relating to police personnel actions to disperse individuals from the assemblage area pursuant to subdivision A)(2) of this section, and any other costs incurred. 2) All costs levied by this subdivision shall be due and payable upon presentation, constitute a valid and subsisting debt in favor of the city. and may be collected by the city by any legal means, including filing a cause of action for collection in any court of competent jurisdiction. 3) Any party aggrieved by a levy of costs pursuant to this section may appeal the matter to the City Council in accordance with the provisions of Chapter 3, section 30.04 of this code. C) Any individual who obstructs police actions taken pursuant to subdivision A)(2) of this section shall be guilty of a misdemeanor punishable by fine of up to $1.000. imprisonment for up to six months, or both such fine and imprisonment. This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law. F:\USERLIS'nCityderk\Ordinances\Ordinance 1196 Noise Ord.doc BIB] 37638-U01 ORD-U02 1196-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8942-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1196$Í;¢f4õOrdinance No. 1196 Page 4 D) Any individual who fails or refuses to comply with a police officers order to exit property where the assemblage exists, or who fails or refuses to comply with a police officer's order to disburse from an assemblage area, shall be guilty of a misdemeanor punishable by fine of up to $1.000, imprisonment for up to six months, or both such fine and imprisonment This penalty shall be in addition to any other administrative, civil, or criminal penalty which may exist in statute, regulation, ordinance, or other provision of law. SECTION 2. The City Council hereby declares it would have passed this Ordinance sentence by sentence, and paragraph by paragraph, and Section by Section, and does hereby declare that the provisions of this Ordinance are severable and, rf for any reason any sentence, paragraph, or Section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify the passage and adoption of this Ordinance and it shall thereupon be in full force and effect PASSED and APPROVED this 6th day of November 2002. J^^ WOELLOZANO MAYOR F \USERLtST\Crtycterk\Ordtnances\Ordmarrce 1196 Noise Ord doc BIB] 37638-U01 ORD-U02 1196-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8942-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1196$Í;¢f4õOrdinance No. 1196 Page 5 ATTESTS: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, CMC. Chief City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No. 1194 was introduced for the first reading at the regular meeting of October 16th, 2002 and was duly adopted by the City Council of the City of Baldwin Park and approved at a regular meeting held on, November 6, 2002 by the following vote: AYES: COUNCILMEMBERS: Linda Gair. Ricardo Pacheco. Bill Van Cleave. Mayor Pro Tern Marten Garcia and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ROSEMARY CHIEF DEPU IREZ. CMC CLERK F:\USERLtS"nCityclerk\Ordinances\Ordinance 1196 Noise Oni.doc BIB] 37638-U01 ORD-U02 1196-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8942-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04