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Home My WebLink About1601 '-, " , .. \ \, \. \. ORDINANCE NO. 1601 on original at bottom "NEVER ADOPTED" '\, , , , \ \\ \ \, ~ O!:?INANCE NO. 1601 ) ------- ~ lIN ORDINANCE OF THE CITY OF lIRClIDIlI, ClILIFORNIlI, liDDING SEC'I'ION 4224 liNn , . DIViSION 4, RESIDEN'l'IlIL PlI1l.'l'lES:NOTICE ....... REQUI-RED_ '1'0 PlIRT 2, CHlIPTER 2, lIRTICLE IV OF TliE AR(o-ADIA MUNICIPlI CODE (1) There has The City Council of the City of lIrcadia hereby follows: a recent and sudden increase In large social place on property in private homes located on property or simply used for residential purposes in the City adia, characterized chiefly by fifty (501 or more persons in attendance under the drinking age of 21, un- accompanied by legal guardian, while the service or consumption of beverages is taking place on the premises and where there exists live or amplified recorded CITY COUNCIL OF THE CITY OF lIRClIDIlI DOES ORDlIIN liS FOLLOWS: finds music, which stances " are inimical to the public peace, health, sarety and welfare in that: A. The noise is distu ing to the peace, quiet and comfort of others residing the neighborhood, resulting in numerous complaints t the lIrcadia Police Department, depleting manpower for ther law enforcement purposes; and B. These social parties are onducted without adequate sanI- tation facilities which enc'\,urage those in attcncJance to discharge their fluid waste~~n the lawns and shubbery and landscapinCj of rrivil tc re~i\ences unci 1'1.II.>.1..i,c property, 'crei'l titH) i'l C.1.Ci'l r '.1nd pre,;cll t ([;,11," ,- Lr) 1'llh.1..i,c hc:':!, Lh; ;IIHI C. There exists a clear and presen,t gestion caused by numerous vehicles traffic eon- by those in attendance, often under the influence of 'ntoxicating beverages, often resulting in property dama and personal injury; and -1- 1601 D. I There exists inadequate facilities to accommodate the parking of vehicles attracted by such social parties which creates the clear and present danger. of blocking the driveways of neighboring homeowners, restricting ingress and egress from their properties should such ingress or egress be needed in an emergency~ and E. There also.exists a clear and present danger caused by the attendance of such large numbers of people in private homes of rendering the premises dangerous should a fire conflagration occur~ and F. That there exists a clear and present danger of the assemblage of persons in such large numbers in an intoxi- cated condition as to foster riotous conduct and render inadequate the numbers of officers of the Arcadia Police Department to terminate such conduct, necessitating the wasteful public expense of requesting aid of the police departments of neighboring cities; and G. There exists the clear and present danger ln such circum- stances of a refusal of such large riotous assemblies to disregard orders to disband such unlawful assemblages or orders to cease and desist in the commission of public offenses of State law, which law enforcement orders are greeted by the throwing of alcoholic and non-alcoholic beverage containers at law enforcement officers, which has caused and will continue to cause, personal injury to such officers and damage to police vehicles and private property, which results in wanton destruction of both private and public property, and litter and debris inimical and danger- ous to the health and safety of others residing in the neighborhood. (2) We hereby find that the above-described circumstances have not been created by bona fide weddings, wedding receptions, wedding anniversary parties, engagement parties, social events for charity, or for non-profit tax exempt organizations. -2- 1601 SECTION 2. by adding Section IV of the Arcadia The Arcadia Municipal Code is hereby amended 4224 and Division 4 to Part 2, Chapter 2, Article Municipal Code which shall read as follows: "ARTICLE IV. CHAPTER 2. PART 2. DIVISION 4. PUBLIC WELFARE, MORALS AND POLICY DISORDERLY CONDUCT, NUISANCES, ETC. DISORDERLY CONDUCT RESIDENTIAL PARTIES: NOTICE REQUIRED 4224. RESIDENTIAL PARTIES: NOTICE REQUIRED. Each person who owns, leases or controls real property zoned or used for residen- tial purposes, who intends to cause, permit or allow fifty or more persons under twenty-one (21) years of age, not related by blood or marriage, not accompanied by a parent or legal guardian, to be present on said property, when alcoholic beverages will either be served or consumed, and where amplified sound equil?ment will be used for music,. shall notify the Arcadia Police Department three days in advance of the date of such intended assemblage of the time, address, and approxi- mate number of people of such assemblage. Weddings, wedding receptions, engagement parties, wedding anniversary parties, social events for charity or for non-profit tax exempt organizations shall not be subject to this notice requirement. The purpose of such advance notification is to afford sufficient time for the Arcadia Police Department to advise neighboring law enforcement agencies of the need for aid in the form of additional law enforcement officers to protect the public peace, health, safety, morals and wel- fare of the City, residents, and inhabitants thereof. Failure to provide said notice shall be a misdemeanor under this Sec- tion and shall be punishable only by a fine not to exceed Five Hundred Dollars." -3- l601 SECTION 3. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable only by a fine of not more than Five Hundred Dollars. SECTION 4. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 5. 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 vali- di ty of the remaining portions of this ordinance. The City. Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that -4- 1601 anyone or more .sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. SECTION 7. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the day of 1977. SIGNED AND APPROVED this day of MAYOR OF THE CITY OF ARCADIA ATTEST: CITY CLERK I HEREBY CERTIFY thCl t the EorcfJoinq at a regular meeting of the City Council of California, held on the day of vote of at least three Council members,- to AYES: NOES: ABSENT: ordinClncc WQS Cldoptcd the City of Aacadia, by the affirmative wit: CITY CLERK OF THE CITY OR ARCADIA -5- 1601