HomeMy WebLinkAboutORD 1196ORD 1196 $Í ;¢f4 õ ORDINANCE 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:
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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.
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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.
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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
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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
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