HomeMy WebLinkAboutORD NO 4372
ORDINANCE NO.
J 81 a
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
CHAPTER 9.23 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO LOUD
AND UNRULY EVENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 9.23 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 9.23
Sections:
9.23.010
9.23.020
9.23.030
9.23.040
9.23.050
9.23.060
9.23.070
9.23.080
9.23.090
9.23.100
9.23.110
9.23.120
9.23.130
9.23.140
9.23.150
9.23.010
LOUD OR UNRULY EVENTS
Purpose.
Findings.
Definitions.
Responsibility for Property Management
Warning issued at time of initial response.
Civil liability for the costs of a second or subsequent response
to a loud or unruly event.
Penalty and amount of service fee.
Assessment of service fee.
Notice of assessment of service fee.
Payment of service fee.
Loud or Unruly Events where alcoholic beverages are served
to, or consumed by, underage persons.
Protected activities.
Right to Appeal Administrative Citation and Service Fee to the
City Manager.
Enforcement.
Severability.
Purpose.
This Chapter is adopted pursuant to Article III of the City Charter in order to
provide a means for recovering the costs incurred by the City for the City police and fire
department personnel participating in a second or subsequent response to a loud or
unruly event from the person or persons responsible for such event or multiple
responses to multiple loud or unruly events at the same address. 'Q~KS'?>
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Further, this Chapter is intended to deter the service to, and consumption of
alcoholic beverages by underage persons. This purpose is implemented by the
imposition of a civil money penalty against social hosts and landowners (including
landlords) for loud or unruly events where alcoholic beverages are served to or
consumed by, underage persons.
A violation of this Chapter shall be a civil offense separate from any potential
criminal implications. As such, violators may be subject to the civil remedies available to
the City of Bakersfield, such as fines, restitution and abatement measures. Further,
unlike criminal offenses, a violation of this Chapter does not carry the possibility of
incarceration.
9.23.020
Findinas.
The City Council finds as follows:
A. That personnel from the City police and fire departments spend a
significant amount of their time responding to loud and unruly events as defined in this
Chapter;
B. That frequently, police and fire department personnel are required to
respond a second or multiple times to the same loud or unruly event after warning the
person or persons responsible for such event that the event is being conducted in an
unlawful manner and must be terminated and that frequently, a response is required
because those responsible failed to take the steps necessary to terminate such unlawful
conduct.
C. That frequently, police and fire department personnel are required to
respond multiple times to the same address for multiple loud or unruly events after
warning the person or persons responsible for such events that they are being
conducted in an unlawful manner and that frequently, a response is required because
those responsible failed to take the steps necessary to prevent the occurrence of further
unlawful events at that address.
D. That it would be appropriate to recover from the person or persons
responsible for a loud or unruly event the costs incurred by the City for the police and
fire department personnel participating in a second or subsequent response to an
address in those situations in which such person or persons were duly warned at the
time of the initial response that a service fee would be assessed against them if further
responses were required due to the continuation of the unlawful event or the occurrence
of future unlawful events.
E. That the occurrence of loud and unruly events where alcoholic beverages
are served to, or consumed by, underage persons is harmful to the underage persons
involved and a threat to public health, safety, quiet enjoyment of residential property and
the general welfare. Underage persons often obtain alcoholic beverages at events that
are under the control of a person who knows, or should know, of the underage x 'Q~KS'?>
consumption of alcohol. 0 ~
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F. That in many cases, persons having possession or control of property who
are responsible for the occurrence of loud or unruly events on that property have failed
to ensure that alcoholic beverages are neither served to, nor consumed by, underage
persons at these events. Furthermore, problems associated with loud or unruly events
where alcoholic beverages are served to, or consumed by, underage persons are
difficult to prevent and deter unless the Bakersfield Police Department has the legal
authority to direct the host to disperse the gathering.
G. That law enforcement, fire and other emergency response services
personnel have, and are required to, respond, sometimes on multiple occasions in the
same calendar year, to loud and unruly events resulting in a disproportionate
expenditure of public safety resources and delaying official responses to regular and
emergency calls in the rest of the City of Bakersfield. Additionally, underage drinking at
such events has resulted in disproportionately higher numbers of underage persons
driving while intoxicated, increased social violence, and incidents of sexual assault.
9.23.030
Definitions.
For purposes of this Chapter, the following terms are defined as follows:
A. A loud event means an event or incident which results in any loud or
unusual noise which disturbs the peace and quiet of a neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitivity residing in the
neighborhood and is unlawful under the provisions of Chapter 9.22 of this Code; and
B. An unruly event is any event or incident which threatens the public health,
safety or welfare and is unlawful under the provisions of this Code or the laws of the
state.
C. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
D. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and which
contains one-half of one 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.
E. "Juvenile" means any person under eighteen years of age.
F. "Underage person" means any person under twenty-one years of age.
G. "Persons responsible," for purposes of this Chapter, a person over the age
of eighteen (18) shall be considered to be responsible for an event if:
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1. Such person is entitled to possession of any private property on
which the event occurs, either by reason of the fact that such person is an owner
entitled to possession of such property or by reason of the fact that such person is a
lessee or tenant entitled to possession of the property; or
2. Such person is entitled to the use of any public property on which
the event occurs by reason of any permit or entitlement issued to such person by the
City or any other governmental agency owning or otherwise controlling the property; or
3. Such person accepts responsibility for the event.
A responsible person for a loud or unruly event need not be present at such event
resulting in the response giving rise to the imposition of civil money penalties or
response costs. Prior knowledge of the loud or unruly event is not a pre-requisite to a
finding that any specific individual is a responsible person as defined by this Section.
9.23.040
Responsibilitv for Property Manaaement.
Every owner, occupant, lessee or holder of any possessory interest of a property
within the City of Bakersfield is required to maintain, manage and supervise the property
and all persons thereon in a manner so as not to violate the provisions of this Chapter.
The owner of the property remains liable for such violations regardless of any contract
or agreement with any third party regarding the property.
9.23.050
Warnina issued at time of initial response.
Where personnel from the City police or fire department responding to a loud or
unruly event determine that the event can be terminated or otherwise appropriately
addressed without arresting or citing the person or persons responsible for the event,
such police or fire department personnel may issue a warning to any person responsible
for the event in lieu of arresting or issuing a citation to such person or persons for the
loud or unruly event. Such warning shall set forth the date and time of the initial
response, a brief description of the unlawful activity complained of and/or observed at
the event, the address of the property on which the event occurred, and a statement
that if City police or fire department personnel are required to respond a second time or
a subsequent time to the same address because of the same event or another event
within a thirty day period by reason of the fact that the event continues to be conducted
in an unlawful manner or by reason of the fact that future events are loud or unruly
events as defined in Section 9.23.030 of this Code, such person or persons will be
assessed a service fee for the City's second or subsequent response costs in the
amount provided for by this Chapter. Such warning shall also state that the service fee,
if any, shall be in addition to any criminal fine or other sanction arising out of any arrest
of such person or the issuance of a citation to such person as a result of such response
or responses. Any person issued a written warning in the manner provided for by this
Section shall sign the warning acknowledging receipt thereof. At a loud or unruly event
where alcohol is served to an underage person or persons in violation of Section
9.23.110 of this Code, an administrative citation for violation of Section 9.23.110 may be
issued in addition to a warning for the loud or unruly event.
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9.23.060
Civil liability for the costs of a second or subseQuent response to a
loud or unruly event.
Any person or persons responsible for a loud or unruly event shall be civilly liable
to the City for a service which fee shall represent all costs incurred by the City arising
out of a second or subsequent response which is made by the City police or fire
department to an address where:
A. Any member of the police or fire department initially responded to the same
address during the preceding thirty day period;
B. At the time of making such initial response, personnel from the City police
or fire department warned such person or persons, in writing, that the event was being
conducted in an unlawful manner, and that if police or fire department personnel were
required to respond a second time or multiple times to the address because of the same
loud or unruly event or other loud or unruly events, such person or persons would be
assessed a service fee for the City's response costs in the amount provided for by this
Chapter; and
C. Following such initial response, the City police or fire department were
required to respond a second or subsequent time to the same address by reason of the
fact that either the event continued to be conducted in an unlawful manner, or another
loud or unruly event was held in an unlawful manner at the same address,
notwithstanding such previous written warning.
9.23.070
Penalty and amount of service fee.
In addition to the penalties provided for in Chapter 1.40 of this Code or Section
9.23.110 of this Code when appropriate, the City of Bakersfield may assess the service
fee specified in Section 9.23.060 pursuant to Chapter 3.70 of this Code if the City has
satisfied all the conditions stated in Section 9.23.060.
9.23.080
Assessment of service fee.
Where the Chief of Police or his designee determines that a second response or
subsequent response has been made to a loud or unruly event within a thirty day period
following the initial response to the same address, the Chief of Police or his designee
shall assess a service fee against any person or persons responsible for the event who
was issued a written warning at the time of the initial response to the event in the
manner provided by this Chapter. Such service fee shall be determined pursuant to
Chapter 3.70 and shall be consistent with the costs incurred by the City for all of the
police and/or fire department personnel participating in the second, or subsequent
response, or the sum of one thousand dollars, whichever is less. Where two or more
persons are assessed a service fee for the same response to a loud or unruly event, all
such persons shall be jointly and severally liable to the City for the full amount of such
fee. Each response by City police or fire department personnel is a separate event, and
a corresponding service fee may be assessed for each such response that occurs 'Q~KS'.
within thirty days after an initial warning is given. ~ :.s>~
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9.23.090
Notice of assessment of service fee.
Upon a determination to assess a service fee or fees against a person or
persons responsible for a loud or unruly event or events, the Chief of Police or his
designee shall cause notice of the assessment to be served on such person or persons
by depositing such notice, first class postage prepaid, in the United States mail
addressed to each person at each person's last known address, in addition to setting
forth the amount of the service fee.
9.23.100
Payment of service fee.
Every service fee assessed upon a person or persons responsible for a loud or
unruly event in the manner provided by this Chapter shall be due and payable on or
before the last day of the month immediately following the month in which notice of the
assessment of the fee was mailed to such person. In the event of the failure of a person
assessed a service fee or fees to pay such fee when due, a delinquency penalty of ten
percent shall be added to the fee on the last day of each month after the due date
thereof; provided, however, that the total amount of such penalties shall not exceed fifty
percent of the fee or fees. In addition, in the event of the failure of a person assessed a
service fee or fees to pay such fee or fees when due, such person shall be assessed
interest on the amount of the delinquent fee or fees, exclusive of any penalties thereon,
at the rate of one percent per month, or any fraction thereof, from the date the fee or
fees first became delinquent until the date the fee or fees is paid.
9.23.110
Loud or Unruly Events where alcoholic beveraaes are served to. or
consumed by. underaae persons.
A. It is a civil violation of this Chapter, and a public nuisance constituting an
immediate threat to public health and safety warranting summary abatement, for any
responsible person to conduct or allow a loud or unruly event at which service to, or
consumption of alcohol or alcoholic beverages by, underage persons occurs. Each
responsible person found in violation of this section will be individually subject to the full
civil money penalty of $1000, irrespective of the number of persons held liable for the
same event.
B. Nothing in this section shall be construed as a waiver by the City of
Bakersfield of any right to seek reimbursement for actual costs of response services
through other legal remedies or procedures. Imposition of a service fee or fees under
section 9.23.060 of this Code is separate from the civil penalty of this section and may
be imposed in addition to the penalty described in this section.
C. Any loud or unruly event at which service to or consumption of alcohol or
alcoholic beverages by underage persons occurs constitutes a public nuisance and an
immediate threat to public health and safety and shall be summarily abated by the
Bakersfield Police Department by all reasonable means including, but not limited to, an
order requiring the event to be disbanded and citation under this Chapter as well .as an 'Q~Ks:
administrative citation and/or arrest of any law violators under any other applicable ~ ~%
ordinances and state statutes. ~ ~
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D. The City Attorney and the Bakersfield Police Department are authorized to
administer and enforce the provisions of this section. The City Attorney and the
Bakersfield Police Department may exercise any enforcement powers provided by law
in executing this section.
E. The Bakersfield Police Department shall issue a citation to any persons
found responsible for the loud or unruly event involving service to or consumption of
alcohol by underage individuals. The citation will be issued at the location of such an
event, at which time the responsible person( s) shall sign his/her name to acknowledge
its receipt.
9.23.120
Protected activities.
This Chapter shall not apply to activities protected by Article I, Section 4 of the
California Constitution.
9.23.130
Riaht to Appeal Administrative Citation and Service Fee to the City
Manaaer.
A. A responsible person who is subject to civil liability or a penalty pursuant
to Section 9.23.060 or 9.23.110 may contest by filing an appeal with the City Clerk
within ten (10) days from the date of the issuance of the administrative citation or
service fee mailing.
B. The City Manager may reverse, affirm wholly or partly, or modify the
administrative penalty or service fee. The decision of the City Manager on any such
appeal shall be final on adoption of an order containing its determination. Notice of the
final decision shall be served by certified or registered mail on the affected persons.
9.23.140
Enforcement.
The City or its agent may use all legal means to enforce the assessment of the
any service fee or fees or administrative penalty or penalties. The City or its agent may
use all legal means to enforce any judgment obtained against the responsible parties
including but not limited to recording an abstract of judgment and wage garnishment.
9.23.150
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portion thereof.
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SECTION 2.
This Ordinance shall be posted in accordance with the prOVISions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted b.Y-
the Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 3 20U~
by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM. MAGGARD. COUCH. HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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Council of the City of Bakersfield
APPROVED:
SEP 1 3 2006
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: d- ~
ANDREW WHANG
Associate City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 14th day of September , 2006 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4372 passed by
the Bakersfield City Council at a meeting held on the 13th day of September. 2006
and entitled:
ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
AMENDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO LOUD AND UNRULY EVENTS
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEP Y y Clerk
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