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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 ^