2001 AGN DEC 18 I01 - Laserfiche WebLink

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Item #1 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF December 18, 2001 TO: Honorable Mayor and City Council FROM: City Attorney SUBJECT: Adoption of Ordinance Relating to Disturbing the Peace and the Regulation of Parties, Gatherings or Events on Private Property DATE: December 18, 2001 BACKGROUND: City staff requested that the City Attorney research possible actions that the City Council may take to regulate or prohibit disruptive parties, gatherings or events on private property. This issue was raised by the Police Department as a result of officers being required to make many return calls to disperse loud, disruptive parties and gatherings in residential areas. DISCUSSION / ANALYSIS: Under the California Government Code, the City Council may declare public nuisances and adopt administrative regulations to abate such nuisances. (Gov. Code Sections 38771, 38773.1 et seq.) The City has determined that a public nuisance exists when parties, gatherings or events on private property become loud and disruptive, creating the need for law enforcement officers to make repeated calls to disperse uncooperative and unruly participants. Such calls drain the Police Department's resources and can leave other areas of the City without acceptable levels of law enforcement protection, which can create a significant hazard to the health, safety and general welfare of the public and the City's Police officers. The proposed ordinance will prohibit events or gatherings that disturb the peace and quiet enjoyment of neighborhoods and cause discomfort or annoyance to persons within the area. The proposed ordinance also sets standards to be used in determining whether a party or gathering is a public nuisance and authorizes the City to establish a public safety service fee to be paid when the proposed ordinance is violated. The amount of the fee will be set by resolution at a later date and, pursuant to State law, will be calculated according to the estimated reasonable costs of providing responses to requests for law enforcement personnel and associated administrative costs. In addition to the public safety service fee, persons violating the proposed ordinance will be subject to an administrative fine and penalty, under Colton Municipal Code Section 8.12.030(A)(1). RVPUBWGSV623714