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HomeMy WebLinkAboutCC Ord 1249 1987-09-08 '-...... ORDINANCE NUMBER /r.1 4 r AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER l4A, ENTITLED "DISTURBANCES CAUSED BY LOUD, UNNECESSARY AND UNUSUAL NOISE", TO THE SEAL BEACH CITY CODE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: section 1. ".-' The Seal Beach city Code is hereby amended by adding Chapter l4A to read as follows: CHAPTER 14A DISTURBANCES CAUSED BY LOUD, UNNECESSARY AND UNUSUAL NOISE Sec. l4A-1. Disturbances Caused bv Loud. UnnecessarY and Unusual Noise. Notwithstanding any other provisions of this Code and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, without limitation, the following: (a) The level of noise~ (b) Whether the nature of the noise is usual or unusual~ (c) Whether the origin of the noise is natural or unnatural~ (d) The level and intensity of the background noise, if any~ I I I I I I Ordinance Number /.;;~9 . (e) The proximity of the noise to residential sleeping facilities; (f) The nature and zoning of the area within which the noise emanates; (g) The density of the inhabitation of the area within which the noise emanates; (h) The time of the day and night the noise occurs; (i) The duration of the noise; (j) Whether the noise is recurrent, intermittent, or constant; and (k) Whether the noise is produced by a commercial or noncommercial activity. Sec. 14A-2. Liabilitv for Costs of Subseauent Responses to Disturbances. Upon the initial response of the police department to any disturbance involving loud, unnecessary and unusual noise, the chief of pOlice or his designee may, in lieu of or in addition to taking other action authorized by law, give notice to the person or persons in actual or apparent control of the activity creating the disturbance. or to the person or persons in actual or apparent control of the property or premises wherein the disturbance has occurred, or both, that liability may be imposed upon the person or persons receiving such notice for the costs to the City of any subsequent response by the police department in connection with any continuation or resumption of such disturbance. Such notification shall be in such form as may be approved by the chief of police. The costs of any subsequent response shall be assessed~to the person or persons receiving such notice and shall include all costs reasonably incurred by the City in providing law enforcement services and equipment at the scene of the disturbance, including the cost or value of the tjme expended by police department , . Ordinance Number /'?~9 . personnel in making any subsequent response. The method of computing such costs shall be established by the chief of police and approved by the City Council. The Finance Department shall invoice such costs to the person or persons liable therefor under I this Chapter, and such costs shall constitute a debt to the city and be collectible by the City in the same manner as in the case of an obligation under a contract, express or implied7 provided, however, that in no event shall a person's liability hereunder exceed one thousand dollars ($1,000) for any single subsequent response. Sec. l4A-3. Liabilitv of Parents and Guardians for Minors' Acts or Omissions. If a minor is in actual or apparent control of the activity creating the disturbance, or is in actual or apparent control of the property or premises wherein the disturbance has occurred, and, following notification pursuant to Sec. 14A-2 above, a subsequent response by the police department is made in connection with any continuation or resumption of such disturbance,. then the acts or omissions of said minor shall be I imputed to the parent or guardian having custody and control of the minor for all purposes of imposing liability for costs here- under, and the parent or guardian shall be jointly and severally liable with the minor for all costs resulting therefrom. The iiability imposed by this section shall be in addition to any other liability imposed by law. Section 2. The city Clerk shall certify to the passage of this ordinance and cause the same to be pUblished as required by law and the same shall take effect as provided by law. I -, "J- . 'I I I Ordinance Number /;:;~9 , PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on the 8rf:!. day at a regular meeting thereof held , 1987. ~ ~-6) if' ..;i~A-J1 ~or ~ vC Ci(/lerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California do hereby certify that the fore oing ordinance is an original copy of Ordinance Number ~ on file in the off~~Lof the City Cl fk, int uced at a eeting held on the ~ day of , 1987, and pa sed, approved and adopted by the City C o~the City 0 '1 eac at a meeting thereof held ~~ day of , 1987, by the following vo AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmember and do hereby further cert~ has been published pursuant Resolution Number 2836. that Ordinance Number /~~j7 to the Seal Beach City Charter and , ( , " ,/ ~u~Jh ~. Ci tV er , , 870702 j Iw A090.WBR (1) Ordinance Number ~~~~ PROOF OF PUBLICA TIOH 12015.5 C.C.P.1 . '. STATE OF CALIFORNIA, County of Oran.. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party tv or Interested In the above-entitled matter. I am the prlncl,pal clerk of the IDrlnter of the SEAL BEACH JOURNAL ..........~..J- J1'l ~....~,..,..,:-.;~a-:~~._....,...... .................................................... a newspaper of general circulation, printed WEEKLY and published ........;:-;:~... .....;................... in the City af . . p............... County of Orange. ana which news, paper has been adludged a newspaper of general circulation by the Superior Court of the County of Orange, State of 'California, under the date of,..~;.~"., 1,1~.." , , Case Number ..A 82f;ia~- .f thatthe notice,' of which the ailneXOftI'IlJ'lfprinted copy lset in type not 'smaller than nonpareil), has bee" published in each regular and entire issue of said newspaper and not In any supplement thereof on~h following d,te., to-wit: '. .............~ ...J];;......... all In the year 19.96..... . I certify lor declare,) under penalty of perlury that the foregoing Is true and correct . Dated at ......~~4h...J!Mx~................ Callf1"ltthi-:..9:..d'YOf.q8~ ~9 ~~~/ .....L:JJ.~(!&!fJ~ p," c..... II tllll .....11. ....... III., tie HCuncI........ CALIFORNIA NEWSPAPER SERVICE BUREAI, INC. . Legal Advertising Clearing House 120 Wut Second 81'1, Los Angeles, Calif. 90012 Telephone: 12131 825-2541 _....._rel.H..AL _., "'....._ w..... lrar... tII.1 tor.. This space Is for the County Clerk's Filing Stamp I f PUbIlC~~:~.~~... ~..... .rJAr1t.~ .. . ..... ......,.. ... ..a.V.,q...... .. Paste Clipping of Notice SECURELY . In This Space : I: , -J '.l" ..- iil.AiiY.:..... . 1 ORDINANCE NUMBER 1241 DISTURBANCES , . .. Ordinance Number'1249 of theClly of . Sell Beach which authorizes the im~ position of liability fdr costs and ex~ .. penses attributable to subsequent . responses by Police Department per- . sonne! to distrubancel caused by klud, unecessary and unusual noise, wa5 In- I troducecl at the fellLllar City COl.llICl1 t meednl of AulUlt 13, 1987. First . radinl of Ordinance Number 1249' : .. approved by the tallowinl vote: AYES; Chft, Grps. Hunt, Risner, - Wilson . NOES, N.... ' , ! ABSENT: Risner Motion carried., Ordinance Number 1249 will receive second reacllnl and be considered for '; adoption at the repl.. City Council ; meellnl of Tuesday, September B. 1 . 1987. Copies of Ordinance Number 1249 ar8available in Iheo_ofthe I'l City C1ertl, City Hall. 211-8ttl1ilreet. . Seal Beach: telephone (21.3) 431,2527" ~ DATEDllns 14th day ofAuIUlt. 1987. ~ Joanne M Yea, City Clerk i City of Seer IIeodl August 27. 1987. ,I ~i ~lish~.in_~~1 ~:..rna~ I .:-:.f~ . . ." f'r. : 'I I .,' J Ordinance Number /.2L/9 , ,," "....... 'IOO,i'o. PUBLICATION' (1'015.5 C.C. P.) , ...., :-.1' STATE OF CALIFORNIA, CDunty of aran,e I am a citizen of the Un,lted Stat.. end I resident of the County Iforeuld, I 1m over tite Ige of Ilahteen Yllr.. Ind not. Plrty to ~ Interested In the above.entltled mattlr, I em the principal cllrk of th rlnt.r 0' the ~ .~.;;;;;; '~f '~~?ic'~i ~ir~' 'I~;I;;: 'p~i~';~ and published.. "?i:J' .. ........., In th. City o'#lv.... ........ '" County of e. In hlch neWI, paper ha. b Idludged I MWlpa",r of generll circulation by the Supe"'or Court of the ~unty of Cringe. State of CalifornIa, und,;. thl date o~' It!: Case Number1.~; that the notice, of which the lrinlxed Is a printed copy (ut ' In type not 'smaller than nonparllll, h.. been published In lach reguler and entlrl Issue of said newspaper and not In an., supplement ther on the follOWing dat... to-wlt: all , "--..,...-............,,..-...-. -. -=--C:ALlFORNIA NEWSPAPIR SIRVIC. BUREAU, INC. ' ~...;_ ' Legal Advertising Clurlng HOUle 120 'NHt SeconcU"', Los Angll.., Calif. 90012 TI/tphone: 12131 825'2M1 _II _, 1,IN..aL _II "........ . ..... .....,... ",II""', ,'. , ...-. .. =--...--=-~.,. ... -~~-_._-- Thll .pacIII'or thl County Cllrk's Filing stlmp ( . . p~b:l~at:~.: ; ...... ..t!~ ".".,"""""~....~ .~.~........,.,.... Pelte Clipping 0' NotIce SECURELY, In Thll Space r~ ~~~::::=;,~~" PISTURIWICES . Ordinance Numbor 1249 of \tie CIty of Seal Beach which _ \tie 1m, position of liability far -. IIUI e., penses lIllriblltable III su~ent ......nses by Pallce Deportment per, , .....,IDd_causedbylcxHl, unnecessary and LmIIUIII noise, recejy.. I, eel seconcI ...dllll and was 1lIop\elIIl, ' the reau1lr City Council meeting of I Septembor 8, 1987 by It.. IoIlowl"l '1-'. ,'. i AYES. Clift. Hunt. Risner. Wilson J' r NOfS,Nane' ' I A8SENT, GIllS Mallon cam1ed ' ,. Copies of Ordil1ll1Cl Numbor 1249.. . IIVlIiIlbIe in the 011,," of tIie City CIa"', · CIty Hall, 21 i . 8th Street, Seal I Ileach, tl!lephone 2131431-2527: I DATED thIS !l1h clay 01 September, . 1987. , Joanne M. V... CIty af!I1< : City of 5..1 Ileach I September 17, 1987. _ _ . L~bl~~n The Sell 8oac1i Joufnal. .,' ,. J, . " " , I .' .' -, - -----.. __..----.t....... .'~__ -.