2013/08/13 City Council Ordinance 862ORDINANCE NO. 862
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, AMENDING CHAPTER 9.48 (ALCOHOL
OFFENSES /LOUD PARTIES) OF THE ROHNERT PARK MUNICIPAL CODE
TO AMEND PROVISIONS RELATING TO PENALTIES FOR MULTIPLE
RESPONSES TO LOUD OR UNRULY PARTIES, GATHERINGS, OR SIMILAR
EVENTS AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in
Government Code Section 36937(b) and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to the police powers delegated to it by Article XI, Section 7 of the California Constitution,
the City of Rohnert Park ( "City ") may make and enforce laws that promote the public health,
safety and general welfare of its residents.
B. Rohnert Park was founded in 1962 to create a safe and peaceful mix of residential, commercial
and recreational neighborhoods with easy access to neighborhood parks and pools, and
recreational activities; and the City Council is dedicated to maintaining our quality of life and
keeping Rohnert Park a safe place to live, work and raise a family.
C. One way the City maintains the quality of life enjoyed by its residents is to preserve the peace
and quite enjoyment of residential property. The Noise Element of the City's General Plan
includes several policies designed to foster the peace and quiet enjoyment by minimizing the
exposure of residential uses to noise, including: (1) Goal NS -A which strives to protect public
health and welfare by eliminating or minimizing excessive noise levels; (2) Goal NS -B which
seeks to minimize the exposure of noise- sensitive uses — including residences, schools,
churches, hospitals, and other public uses —to excessive noise levels; and (3) Policy PF -3 which
requires the City to control noise at the source through site design, building design, buffering,
hours of operation, and other regulations, for any noise - emitting use.
Due to inadequate supervision, some large gatherings of people, commonly referred to as
parties, frequently become loud and unruly to the point that they constitute a threat to the peace,
health, safety, or general welfare of the public as a result of excessive noise, excessive traffic,
obstruction of public streets or crowds who have spilled over into public streets, public
drunkenness, the service of alcohol to minors, fights, disturbances of the peace, and litter.
E. The presence of the campus of Sonoma State University ( "SSU ") within the Rohnert Park city
limits contributes to the frequency of these large gatherings. Approximately 8,700 students
attend SSU, and many of these students live in off - campus rental housing in Rohnert Park
neighborhoods. These off - campus student dwellings frequently host large gatherings and parties
that can constitute a threat to the peace, health, safety, or general welfare of the public as a result
of excessive noise, excessive traffic, obstruction of public streets or crowds who have spilled over
into public streets, public drunkenness, the service of alcohol to minors, fights, disturbances of
the peace, and litter, and require law enforcement responses from the City.
F. To combat the adverse primary and secondary effects associated with such large gatherings, the
City enacted Chapter 9.48 of the Rohnert Park Municipal Code ( "RPMC ") which, among other
things, declares that certain loud and unruly gatherings constitute a public nuisance, imposes civil
penalties on residents and guests of such premises creating the public nuisance, and subjects
the residents, guests, and property(s) owner of such premises to additional penalties and fines for
any subsequent event on the same premises within sixty (60) days.
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G. Despite these controls, the Department of Public Safety sees a sharp increase in public
nuisance /party calls every August when the SSU students return to campus, and these calls
remain high during the majority of the school year. While the number of public nuisance /party
calls trail off slightly during the late fall and winter, they peak again in May around graduation time
at SSU.
Neighborhoods that are subjected to student rental housing see a disproportionately higher share
of these loud and unruly parties requiring a law enforcement response from the City. Further, a
significant number of the calls requiring a City response are to premises throwing a "61St Day
Party" (i.e. a subsequent event that is not currently subject to the additional penalties and fines
set forth in the RPMC).
The occurrence of loud or unruly gatherings on private property is a threat to the public health,
safety, general welfare, and quiet enjoyment of residential property and constitutes a public
nuisance.
J. The citizens in one residential neighborhood adjacent to the SSU campus are so impacted by the
problem that they have convened two meetings with representatives from the Department of
Public Safety and members of the City Council to air their concerns about the magnitude of
problem created by these gatherings and express the need for additional regulations to curb the
recurrence of such events.
K. Law enforcement responses to loud and unruly gatherings cause a drain of law enforcement
resources and, in some cases, leave other areas of the City with inadequate law enforcement
protection.
L. The City is required to make multiple responses to such unruly gatherings in order to restore and
maintain the peace and protect public safety. Such gatherings are a burden on scarce City
resources and can result in public safety responses to regular and emergency calls being delayed
and public safety protection to the rest of the City being reduced.
M. Over the past several years there has been a steady increase in the number of unruly parties to
which public safety officers must respond. While the 60 -day window on subsequent events at a
particular premises has had some deterrent effect, additional restrictions are necessary to
preserve the quality of life in the City's residential neighborhoods.
N. Problems associated with loud or unruly gatherings are difficult to prevent or deter unless law
enforcement has the additional legal authority to impose civil fines.
The establishment of more stringent penalties for multiple responses to loud and unruly parties
and gatherings at a single premises would serve to reduce the threat to the public health, safety,
general welfare, and quiet enjoyment of residential property and would serve as a deterrent to
such events in the future.
P. The City considered the adoption of this interim urgency ordinance in accordance with
Government Code § 36937 at a duly noticed public meeting on August 13, 2013, at which time it
received and considered testimony from members of the public.
Q. Government Code section 36937(b) authorizes the adoption of an interim urgency ordinance to
protect the public health, safety and welfare.
R. The City Council hereby determines that the RPMC is in need of revision to protect the public
against potential negative health, safety, and welfare impacts and to address potential
deficiencies in its Code associated with loud and unruly gatherings. Further, it is imperative that
these revisions take effect before the start of the next school year for SSU in two weeks to
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preserve and protect the quiet enjoyment of residential neighborhoods adjacent to the SSU
campus and student rental housing.
S. Failure to adopt the revisions set forth in this ordinance on an urgency basis would subject
neighborhoods with substantial student rental housing to large gatherings and parties that
potentially could disturb the peace, health, safety, or general welfare of the public as a result of
excessive noise, excessive traffic, obstruction of public streets or crowds who have spilled over
into public streets, public drunkenness, the service of alcohol to minors, fights, disturbances of
the peace, and litter, and require disproportionate response from law enforcement.
T. The City Council further finds that this ordinance is a matter of local and City -wide importance
and is not directed towards any particular person or property owner in the City.
SECTION 3. Urgency Declared. In accordance with the authority granted the City under
Government Code section 36937(b), and pursuant to the findings stated herein, the City Council hereby
finds (1) that there exists a current and immediate threat to the public health, safety, and welfare requiring
this change in the City's regulations governing loud and unruly gatherings, (2) that this ordinance is
necessary for the immediate preservation of the public peace, health, and safety as set forth herein, and
(3) that, therefore, this ordinance shall take effect immediately.
SECTION 4. Amendment to RPMC Section 9.48.070. Section 9.48.070 (Notice of unruly
gathering— Posting, mail) of Chapter 9.48 of the Rohnert Park Municipal Code is hereby amended to read
in its entirety as follows:
9.48.070 Notice of unruly gathering – Posting, mail.
A. Posting of Premises. When the city intervenes at a gathering which constitutes a nuisance
under this chapter, the premises at which such nuisance occurred shall be posted with a
notice stating that the intervention of the city has been necessitated as a result of a public
nuisance under this chapter caused by an event at the premises, the date of the police
intervention, and that any subsequent event within a one hundred twenty (120) day period
therefrom on the same premises, which necessitates city intervention, shall result in the joint
and several liability of any guests causing the public nuisance, or any persons who own or
are residents of the property at which the public nuisance occurred, or who sponsored the
event constituting the public nuisance as more fully set forth in Sections 9.48.080 of this
chapter. The residents of such property shall be responsible for ensuring that such notice is
not removed or defaced within the one hundred twenty (120) day period listed in the notice
and shall be liable for a civil penalty of one hundred dollars ($100.00) in addition to any other
penalties which may be due under this section if such notice is removed or defaced;
provided, however, that the residents of the house of sponsor of the event, if present, shall be
consulted as to the location in which such notice is posted in order to achieve both the
security of the notice and its prominent display.
B. Mailing of Notice to Property Owner. Notice of the event shall also be mailed to any property
owner at the address shown on the city's property tax assessment records and shall advise
the property owner that any subsequent event within one hundred twenty (120) days on the
same premises necessitating city intervention shall result in liability of the property owner for
all penalties associated with such intervention as more particularly set forth below.
SECTION 5. Amendment to RPMC Section 9.48.080. Section 9.48.080 (Persons liable for a
subsequent response to a gathering constituting a nuisance) of Chapter 9.48 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
9.48.080 Persons liable for a subsequent response to a gathering constituting a
nuisance.
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If the city is required to respond to a gathering constituting a public nuisance on the same
premises more than once in any one hundred twenty (120) day period, the following persons shall
be jointly and severally liable for civil penalties as set forth in Section 9.48.090 of this chapter, in
addition to liability for any injuries to city personnel or damage to city property.
A. The person or persons who own the property where the gathering constituting a public
nuisance took place, provided that notice has been mailed to the owner of the property as set
forth herein and the gathering occurs at least two weeks after the mailing of such notice.
B. The person or persons residing on or otherwise in control of the property where such
gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting in the public
nuisance.
E. Nothing in this section shall be construed to impose liability on the resident or owners of the
premises or sponsor of the gathering, for the conduct of persons who are present without the
express or implied consent of the resident or sponsor, as long as the resident and sponsor
have taken reasonable steps to exclude such uninvited participants from the premises.
Where an invited guest engages in conduct which the sponsor or resident could not
reasonably foresee and the conduct is an isolated instance of a guest at the event violating
the law which the sponsor is unable to reasonably control without the intervention of the
police, the unlawful conduct of the individual guest shall not be attributable to the sponsor or
resident for the purposes of determining whether the event constitutes a public nuisance
under this section.
F. Any property owner who has demonstrated due diligence in abating unmanageable tenants
and is waiting the prescribed time period prior to eviction actions, shall not be held liable for
purposes of this section.
SECTION 6. Amendment to RPMC Section 9.48.090. Section 9.48.090 (Schedule of civil
penalties) of Chapter 9.48 of the Rohnert Park Municipal Code is hereby amended to read in its entirety
as follows:
9.48.090 Schedule of civil penalties.
A. If an administrative citation is issued in accordance with Section 1.24,100, "Violation" of this
code, civil penalties shall be assessed against all persons liable for the city's intervention to
abate a gathering constituting a nuisance. Any administrative citation issued in accordance
with Chapter 1.25 may be contested in accordance with Section 1.25.090 and following
sections of this code. If a second, third, or further investigation is required within a one
hundred twenty (120) day period, the civil penalties will be as shown below:
1. For the second response in any one hundred twenty (120) day period, the penalty shall
be the total sum of five hundred dollars ($500.00).
2. For the third response in any one hundred twenty (120) day period, the penalty shall be
the total sum of seven hundred and fifty dollars ($750.00).
3. For any further response in any one hundred twenty (120) day period, the penalty shall
be the total sum of one thousand dollars ($1,000.00) for each such further response.
4. The administrative citation penalties provided herein shall be in addition to any other
penalties imposed by law for particular violations of law committed during the course of
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an event which is a nuisance under this ordinance, including those remedies set forth in
Chapter 1.24, "Nuisance Abatement," of this code.
B. Collection of penalties shall be pursuant to Chapter 1.27, "Collection Procedures," of this
code.
SECTION 7. Environmental Review. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment pending the completion
of the contemplated municipal code review.
SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. Effective Date. This ordinance is an urgency ordinance enacted under California
Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a
four -fifths (4/5) vote of the City Council.
SECTION 10. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
PASSED, APPROVED, AND ADOPTED this 13th day of August, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
THREE (3) Councilmembers Ahanotu, Belforte and Mayor Stafford
NONE (O'
TWO (2 Councilmembers Callinan and Mackenzie
NONE (0)
ATTEST:
k. .A o- • Y 1 ((.1 JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
13 54
Michele Marchetta Kenyon (P}leKcck .t f. .(3 '4,
City Attorney
Pam Stafford, Mayo
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STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF ROHNERT PARK )
CITY CLERK'S CERTIFICATION OF
THE ADOPTION OF ORDINANCE
I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing
Ordinance No. 862 was introduced and adopted, as an urgency measure pursuant to California
Government Code section 36937 (b), at a regular meeting of the City Council on the 13th day of August,
2013 by the following roll -call vote:
AYES: Three (3) COUNCIL MEMBERS: Ahanotu, Belforte and Mayor Stafford
NOES: None (0) COUNCIL MEMBERS:
ABSENT:Two (2) COUNCIL MEMBERS: Callinan and Mackenzie
ABSTAIN:None(0) COUNCIL MEMBERS:
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