CC - Item 3L - Ordinance 673 - Urgency prohibiting noise disturbances and providing for the abatement and assessment cost - Interal Files Box 069TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: ~l RANK G. TRIPEPI, CITY MANAGER
DATE: Uu SEPTEMBER 6, 1990
RE: ORDINANCE 4673 - AN URGENCY ORDINANCE PROHIBITING NOISE
DISTURBANCES AND PROVIDING FOR THE ABATEMENT AND ASSESSMENT
OF COSTS ON ACCOUNT OF SUCH NOISE DISTURBANCES
This item is being placed on the Agenda for your consideration at the
request of Councilman Imperial.
Adoption of this ordinance will provide staff with an additional
method of enforcing disturbances caused by loud parties. It will
provide us with the ability to assess the person or persons
responsible for the disturbance, up to $500 for each incident. The
Cities of E1 Monte and South E1 Monte have similar ordinances.
It is recommended that the Rosemead City Council adopt Urgency
Ordinance #673 Prohibiting Noise Disturbances and Providing for the
Abatement and Assessment of Costs on Account of Such Noise
Disturbances.
FGT:js
A:091190j(7)
COUNCIL AGENDA
SEP 1 1 IND
ITEM No.
ORDINANCE NO. 673
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD PROHIBITING NOISE
DISTURBANCES AND PROVIDING FOR THE ABATEMENT
AND ASSESSMENT OF COSTS ON ACCOUNT SUCH NOISE
DISTURBANCES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. New Sections 4323, 4324, 4325 and 4326 are hereby added to the
Rosemead Municipal Code to read as follows:
4323. NOISE DISTURBANCE DEFINED.
"Noise Disturbance shall mean any sound or noise which endangers
or injures the safety or health of human beings or animals or which annoys
or disturbs reasonable persons of normal sensitivities or which is of such a
noise level or volume as would annoy or disturb reasonable persons of
normal sensitivities or which endangers or injures personal or real property,
or which violates the ambient noise standards set forth in Section 4300 e
sue. of this Code."
4324. NOISE DISTURBANCE PROHIBIT
"No person shall create, conduct, maintain or cause a noise
disturbance. No person shall host or conduct a private or public dance,
party, gathering or event in a residential neighborhood or in another
neighborhood inhabited for residential use where the sound or noise
emanating therefrom constitutes a noise disturbance. The source of
instrumentalities of a noise disturbance may be seized in conjunction with
the abatement of a noise disturbance."
4325. ABATEMENT OF NOISE DISTURBANCE.
"Any peace officer and any person empowered and authorized to
make arrests for violations of provisions of this Code is hereby empowered
and authorized to summarily abate a noise disturbance."
4326. COSTS FOR NOISE ABATEMENT,
"When a large party or gathering occurs on a private property and a
Deputy Sheriff at the scene determines that such party or gathering is a
noise disturbance as such term is defined in Section 4323 of this Code or
the party or gathering for any other reason is a threat to the public peace,
health, safety or general welfare, the person in charge of the premises and
the person responsible for the event, or if either of those persons is a
minor, then the parents or guardians of that minor, will be held jointly and
severally liable for the cost of providing Sheriffs personnel on special
security assignment over and above the services normally provided by the
Sheriffs Department. The Sheriffs personnel utilized during a second
response after the first warning to abate the noise disturbance or otherwise
to control the threat to the public peace, health, safety or general welfare,
shall be deemed to be on special security assignment over and above the
services normally provided. The costs of such special security assignment
may include minor damages to City property and/or injuries to City and/or
Sheriffs personnel. Costs assessed shall not be in excess of $500 for a
single incident. The City reserves its legal options to elect any other legal
remedies when said costs or damage exceed $500.
Upon the first response to such an assemblage, the person in charge
of the assemblage and the person or persons in charge of the premises, and
if such person is a minor, then the parents or guardians of that minor, shall
be given a first warning in the form of a written notification stating that the
first response as above described shall be deemed to be the normal
Sheriffs services provided. The Sheriffs personnel necessarily utilized
after such first warning to control a noise disturbance or a threat to the
public peace, health, safety or general welfare shall be deemed to be on
special security assignment over and above the normal services provided
and the owner of the property and/or the person in charge of the property
where such assemblage occurs, and/or the person responsible for such
assemblage, shall be personally responsible for the cost of such special
security assignment in an amount determined upon a cost accounting basis
by the City and that the cost of such special security assignment, shall
include damage to City property and/or injuries to City and/or Sheriffs
personnel."
Section 2. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 11th day of September, 1990.
MA
ATTEST:
CITY CLERK
I hereby certify that the foregoing Ordinance No. 673 was adopted as an urgency
ordinance at a regular meeting of the City Council of the City of Rosemead held on the
11th day of September, 1990 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
CITY CLERK ^