ORDINANCE 1568 ORDINANCE NO. 1568
AN ORDINANCE AMENDING TITLE 7 OF THE EL
SEGUNDO MUNICIPAL CODE TO PROHIBIT LOUD AND
UNRULY GATHERINGS
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: Findings.
A. The City of EI Segundo, pursuant to the police powers delegated to it by the
California Constitution, has the authority to enact laws which promote the
public health, safety and general welfare of its residents. Furthermore,
Government Code § 38771 authorizes the City to declare what constitutes
a nuisance by ordinance;
B. The occurrence of loud or unruly gatherings on residential property is a
threat to the quiet enjoyment of property and to public health, safety, and
welfare due to excessive noise, traffic, obstruction of streets, public
drunkenness, fights, disturbances of the peace, vandalism and litter;
C. Persons who actively or passively aid, abet, or allow loud and unruly
gatherings to occur on their property should be held liable for the nuisances
created by such gatherings. To mitigate the negative impacts of loud or
unruly gatherings, residential property owners and persons responsible for
these gatherings should be held accountable through the issuance of
administrative citations and other penalties; and
D. The City Council finds it is in the public interest to adopt this ordinance to
deter loud or unruly gatherings; and preserve public health, safety and
welfare.
SECTION 2: Environmental Assessment. Pursuant to 14 Cal. Code Regs. § 15060(c)(2)
the proposed ordinance is exempt from the California Environmental Quality Act("CEQA")
because the proposed Code amendment is not considered to be a "project" under CEQA
and will not result in direct or indirect physical changes in the environment. The proposed
ordinance consists of an amendment to regulate loud or unruly gatherings as a nuisance
under the EI Segundo Municipal Code, as such, it is an organizational or administrative
governmental activity which does not fall under the definition of "project" found in 14 Cal.
Code Regs. § 15378(b)(5). Accordingly, this ordinance is exempt from further
environmental review pursuant to 14 Cal. Code Regs. §15060.
SECTION 3: ESMC Title 7 (Nuisances and Offenses) is amended to add a new chapter,
Chapter 12 (Loud and Unruly Gatherings) to read as follows:
"CHAPTER 12
LOUD OR UNRULY GATHERINGS
7-12-1: FINDINGS; PURPOSE
7-12-2: DEFINITIONS
7-12-3: LOUD-OR UNRULY GATHERINGS PROHIBITED
7-12-4: CITATION AND NOTICE — CONTENTS
7-12-5: CITATION AND NOTICE — PROCEDURE
7-12-6: VIOLATIONS, FINES AND PENALTIES
7-12-1: FINDINGS; PURPOSE
A. Loud or unruly social gatherings frequently become public nuisances
since they interfere with the comfortable enjoyment of life, property, and
threaten public safety. All such activities detrimentally affect the
neighbors that surround these nuisances.
B. Frequently, these loud or unruly gatherings create opportunities for
crimes against persons, public peace and property. The City has, both
now and in the past, responded to code violations multiple times for
enforcement actions.
C. In addition, the public services required for responding to incidents that
occur as a consequence of unruly gatherings (for example, driving while
intoxicated, increased social violence, and incidents of sexual assault)
are also disproportionately greater than what is required within the City's
jurisdiction.
D. It is in the public interest to establish procedures for recovering costs
incurred by the City when enforcing any provision of this code through
inspections, nuisance abatement, or other similar, administrative or
judicial means.
E. Nothing contained in this ordinance is intended to, nor will it, interfere
with any California law provision that regulates activities identified by this
ordinance; it is intended only to enact measures that are different from,
or supplement, California law to further restrict acts associated with loud
or unruly gatherings.
7-12-2: DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following
definitions will govern the construction of the words and phrases used in this
chapter:
CITATION means an Administrative Citation issued pursuant to Title 1, Chapter
2A of this Code.
CODE ENFORCEMENT OFFICER has the same meaning as in Section 1-2A-3 of
this Code.
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LOUD OR UNRULY CONDUCT, as used in this chapter, includes any of the
following conduct if in violation of any provision of this Code or State law:
i. Loud noise;
ii. Obstruction of a street or public right-of-way, including a sidewalk or
driveway;
iii. Public intoxication or drinking in public;
iv. Assault, battery, fights, domestic violence or other disturbances of the
peace;
V. Vandalism or destruction of property;
vi. Litter;
vii. Urinating or defecating in public;
viii. Trespassing; or
ix. Illegal drug use.
Loud or Unruly Conduct does not include any activity that is protected by Article 1,
Section 4 of the California Constitution, or protected by the First or Fourteenth
Amendments to the United States Constitution.
LOUD OR UNRULY GATHERING means a gathering of Persons at any
Residence where Loud or Unruly Conduct occurs at the Residence and which
threatens or interferes with the public health, safety or welfare, or the comfortable
enjoyment of life and property.
PERSON means an individual or any firm, association, organization, partnership,
trust, business, corporation, company or entity.
RESIDENCE means any lot in a residential zone, and includes any garage,
carport, walkway, yard, patio, deck, or other structure or area on said lot, whether
owned, leased, rented or used with or without compensation. The term
"Residence" also includes any sidewalk, street or alleyway which abuts the lot.
RESPONSIBLE PARTY means:
i. Any Person(s) with a right of possession or ownership interests in the
Residence where a Loud or Unruly Gathering occurs; or
ii. Any Person who organizes, supervises, officiates, conducts, or controls
the gathering or any other Person(s) accepting responsibility for such a
gathering at a Residence.
7-12-3: LOUD OR UNRULY GATHERINGS PROHIBITED
Loud or Unruly Gatherings are prohibited and constitute a public nuisance
subjecting the owner and/or Responsible Party to fines and/or penalties under this
section. The City may abate a Loud or Unruly Gathering by all available means,
including, but not limited to, an order of a peace officer requiring individuals at the
Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or
the arrest of anyone committing a criminal violation under this section or any other
applicable State or local law.
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7-12-4: CITATION AND NOTICE - CONTENTS
A peace officer responding to a Loud or Unruly Gathering must post, on the front
entrance of the Residence at which the Loud or Unruly Gathering occurs, a notice
stating:
A. The name and agency of the officer who responded to the Loud or Unruly
Gathering;
B. The address of the Residence and the date of the Loud or Unruly Gathering,
along with a description of the Loud or Unruly Conduct observed; and
C. That it is unlawful to alter, tamper with or deface this notice, or remove it
prior to 30 days from the date of the posting.
7-12-5: CITATION AND NOTICE - PROCEDURE
A. Referral to Code Enforcement Officer. A copy of any notice caused to be
issued by a peace officer during the enforcement of this section will be
referred to the Director of Planning and Building and Safety, or his/her
designee. Once referred, the Code Enforcement Division will be
responsible for processing, investigating and implementing the Citation.
However, the peace officer who issued the Citation may be required to
submit evidence and/or attend any administrative hearing pertaining to the
Citation, if necessary.
B. Notice. The Code Enforcement Officer must serve on all Responsible
Parties a copy of the notice posted pursuant to Subdivision A of this section.
The delivery of the notice must be by personal service or by depositing in
the mail for delivery by the United States Postal Service, in a sealed
envelope, postage prepaid. Notice to the property owner must be sent to
the address shown on the County's last equalized property tax assessment
roll.
C. Administrative Process Applicable to Citations. Unless otherwise specified
herein, all Citations issued for violations of this chapter will be subject to the
provisions set forth in Chapter 2A of this Code, including, but not limited to,
the administrative hearing and appeal process.
7-12-6: VIOLATIONS, FINES AND PENALTIES
A. Any Person who alters, tampers with or defaces a posted notice issued
pursuant to this Chapter, and/or who violates Section 7-12-3 of this chapter
may be subjected to administrative fines and penalties. Penalties will be
established by City Council resolution. Any violation which arises within 12-
months from the date of the first violation will trigger escalating penalty
amounts, as established by City Council resolution. A violation occurring
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after a period of 12 consecutive months of no violations will be considered
a first violation.
B. Any escalated penalty amounts in this resolution will apply to the same
Responsible Party, regardless of whether different Residences throughout
the city are utilized as venues for Loud or Unruly Gatherings.
C. Fine for Removal of Posted Notice. Any Person who alters, tampers with or
defaces a posted notice issued pursuant to this chapter will be subject to an
administrative fine of$500.
D. Nothing in this chapter shall be deemed to prevent the city from
commencing a civil or criminal proceeding to abate a public nuisance or
from pursuing any other means available under any other statute, ordinance
or law (civil or criminal), to correct conduct regulated by this chapter in
addition to or as alternatives to the procedures set forth herein. This chapter
in no way limits the authority of law enforcement personnel to make arrests
for any criminal offense arising out of conduct regulated by this chapter."
SECTION 4: The definition for "CODE ENFORCEMENT OFFICER" in Section 1-2A-3
(Definitions) of Chapter 1-2A (Administrative Citations) of Title 1 (Administration and
Personnel) is hereby amended to read as follows:
CODE ENFORCEMENT OFFICER: City employees from the public works
department, planning and building safety department, police or fire department with the
authority to enforce this code.
SECTION 5: Section 7-2-14 of the EI Segundo Municipal Code (Use of Police at Parties;
Second Response) is deleted.
SECTION 6: CONSTRUCTION. This ordinance must be broadly construed in order to
achieve the purposes stated in this ordinance. It is the City Council's intent that the
provisions of this ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this ordinance.
SECTION 6: ENFORCEABILITY. Repeal of any provision of the EI Segundo Municipal
Code does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this ordinance.
SECTION 7: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this ordinance will be rendered void
and cause such previous ESMC provision or other ordinance to remain in full force and
effect for all purposes.
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Page 5 of 6
SECTION 8: SEVERABILITY. If any part of this ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this ordinance are severable.
SECTION 9: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 10: This Ordinance will become effective on the thirty-first day following its
passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1568 this 19th day of June,
2018.
,D'%Tew, BoyN`es, Moor
ATTEST:
W
Tracy Wea.v City Clerk
APPROVED AS TO FORM:
r
IrOP—
Ma1k .Jle ty Attorney
ORDINANCE No. 1568
Page 6 of 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1568 was duly introduced by said City Council at a regular meeting held
on the 5t" day of June 2018, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 19th day of June, 2018, and the same was so passed
and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of August,
2018.
T cy Weaver, City Clerk
of the City of EI Segundo,
California