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Home My WebLink About11A - 2ND READ ORD - LOUD NOISESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: ORDINANCE SECOND READING: AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES (STRATEGIC PLAN NO. 5,1) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On March 19, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Sarmiento absent): ORDINANCE NO. NS -2964 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH PROCEDURES FOR ISSUANCE OF FINES In summary, the Ordinance (Exhibit 1) amends Article I of Chapter 10, Section 153 of the Santa Ana Municipal Code regarding Crimes and Miscellaneous Law Enforcement Provisions, amending the word "Person," to include property owners, pursuant to loud and raucous noise violations. The proposed revisions also allow for administrative fines ranging from $100 to $1,000 for property owners who allow illegal conduct to occur upon their properties. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11 A-1 Second Reading Ordinance: Amending SAMC Related to Loud and Raucous Noises April 2, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS -2964 11 A-2 EXHIBIT 1 TB 3.5.2019 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH PROCEDURES FOR ISSUANCE OF FINES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 1, 1993, City Council approved Ordinance No. NS -2184 adding Section 10-153 to Chapter 10 of the Santa Ana Municipal Code to regulate electronically amplified loud and raucous noise within the City of Santa Ana. B. Currently, when the Police Department receives a report of electronically amplified loud and raucous noise, police officers respond to the location to enforce the provisions of Section 10-153. As presently written, however, enforcement has been difficult because Section 10-153 does not expressly define those persons who may be held responsible for the amplified noise. C. Noise disturbance complaints tend to be one of the highest calls for service to the Police Department. The proposed Santa Ana Municipal Code revisions will give the Police Department the ability to respond effectively to those complaints and, thereby, address community needs and concerns, by identifying those persons who may be cited for violating Section 10-153. The proposed ordinance also sets forth the schedule of fines for each violation of Section 10- 153. enforcement against the property owner, thus eliminating the need to identify the individual(s) on scene responsible for the disturbance. Section 2. Section 10-153 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE I. IN GENERAL Sec. 10-153. - Loud and raucous noise from sound -making or amplifying devices prohibited. (a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound -making or 11 A-3 TB 3.5.2019 sound -amplifying device in his/her possession or under his/her control: (1) Upon any private property; or (2) Upon any public street, alley, sidewalk or thoroughfare; or (3) In or upon any public park or other public place or property except upon any school district property. (b) The words "loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power, such that it can be heard fifty (50) feet from the location where the electrical, mechanical or other device is amplifying the sound. (c) The word "person" as used herein means any of the following: (1) The owner(s) of record of the real property and/or location where the party, gathering or event takes place. (2) The person(s) in charge or purportedly in charge of the real property and/or location where the event takes place. (3) The person(s) authorizing the use of the real property and/or location for the event except when a permit has been issued by the City of Santa Ana. (4) The person(s) who organized the event. (5) The person(s) who is operating the electrical, mechanical or other device amplifying the sound in the manner described in subparagraph (b) above. (6) If the person in charge of the premises from which the loud or raucous noise originates is a minor, who resides with one or more parents or legal guardian(s), then the parent(s) or legal guardian(s) shall be deemed "person" within the meaning of this section. (d) The word "subsequent' means any and all occasions within a calendar year (January 1 —December 31) , when one or more police officers are dispatched to the scene of a party, gathering, or similar event from which loud and raucous noise originates at the same location. (e) The word "location" means the physical address, APN, parcel of land, and/or structures thereon regardless of the number of units on the property. (f) Any officer may issue an administrative citation to a person pursuant to this chapter and SAMC 1-21. Each administrative citation shall contain the following information: 11 A-4 TB 3.5.2019 (1) The name of the person charged with any violation of the Code. (2) The date(s) on which the person violated the Code. (3) The section(s) of the Code so violated. (4) The location where the violation occurred. (5) A notice that each violation of the Code also constitutes a nuisance and that nuisance abatement costs may be enforced as an assessment or lien against the real property and/or location where the Code violation occurred. (6) A statement indicating that any person receiving a notice of violation may file an appeal pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the citation. The absence of any of the above information in the Notice of Violation form shall not invalidate the City's process or issuance of the Notice of Violation. (g) The City shall have the authority to impose an administrative fine for violations of this Section following the issuance of an administrative citation as authorized in subdivision (f) above. The City is authorized to collect the amount of the fine specified below in addition to any other amount to which the City may be entitled under the law. The fines shall be in the following amounts and shall be due to the City within thirty (30) days of the date of the issuance of the citation as follows: (1) 1 st response: No fine (2) 2"d subsequent response: $100.00. (2) 3rd subsequent response: $250.00. (3) 4th subsequent response: $500.00. (4) 5th subsequent response: $750. (5) 6th subsequent response or thereafter: $1,000 (h) Collection of Unpaid Fines. At its discretion, the City may pursue any and all legal and equitable remedies to collect unpaid fines imposed pursuant to this Chapter. Pursuit of one remedy does not preclude the pursuit of any other remedy. It is intended that persons, maintaining, and/or permitting the violation, and not the taxpayers, bear the financial burden of the City's enforcement activity. (i) Cumulative Remedies. The remedies provided under this chapter are cumulative, and shall not restrict the City's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this Chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this Chapter be deemed to 11 A-5 TB 3.5.2019 conflict with any penalty or provision under State law, or prohibit any conduct authorized by the State or Federal constitutions. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of March, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: S 'a Canral , City Attorney 1 By: a, ara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Norma Mitre Acting Clerk of the Council City of Santa Ana 11 A-6