Info Source – http://www.nbpd.org/insidenbpd/services/lugo_dac.asp
Loud and Unruly Gathering & Disturbance Advisement Violations
The Newport Beach Police Department recognizes the important responsibility it shares in maintaining a safe, quiet and secure environment for those who live, work and play in the City. Along those lines, we currently utilize the following noise related ordinances to hold tenants and property owners accountable for hosting large, loud or unruly gatherings within our city.
Disturbance Advisement Card (DAC)
No person shall promote, host, organize or otherwise allow a large party, gathering or event to occur on private property which is determined by a Police Officer to threaten the public peace, health, safety or general welfare of the neighborhood or surrounding community.
If you have received a DAC violation you will be subject to fines as outlined in the blue section of the chart below.
If the residence is a rental property and the DAC violation was given to a tenant, the property owner will also be subject to fines as outlined in the green section of the chart below.
Loud and Unruly Gathering Ordinance (LUGO)
It shall be unlawful and constitute a public nuisance for any Owner or Responsible Person to cause or allow a Loud or Unruly Gathering to occur at any Residential Unit within the City. A Loud or Unruly Gathering may be abated by the City by all reasonable means, including, disbanding the Loud or Unruly Gathering at the request of the officer, the issuance of citations, and/or the arrest of any person(s) committing a violation of law under applicable State or local laws.
A “Loud or Unruly Gathering,” means a gathering of eight (8) or more persons on any Residential Unit for a social occasion or other activity upon which loud or unruly conduct occurs and results in a public nuisance or a threat to the public health, safety, general welfare, or quiet enjoyment of residential property or nearby public property. Loud or unruly conduct includes, without limitation, any or all of the following:
- Excessive noise or traffic;
- Obstruction of public streets by crowds or vehicles;
- Obstruction of rights of way by people or vehicles;
- Public drunkenness;
- The service of alcohol to Minors;
- Possession and/or consumption of alcohol by Minors;
- Assaults, batteries, fights, domestic violence or other disturbances of the peace;
- Litter; or
- Urinating or defecating in public.
When a LUGO violation occurs, police officers post the residential unit with a black and white notice. This posting comes on a laminated adhesive backed sheet of paper and includes the following elements:
- The intervention was necessary as a result of a public nuisance caused by a Loud or Unruly Gathering;
- Date of the intervention;
- Notice that any subsequent Loud or Unruly Gathering within 90 days from the date of the posting will result in civil fines for all Responsible Person(s) or other persons present;
- Notice that is it unlawful to remove, alter, tamper with or deface posted tag.
If your residence has been posted keep in mind you are responsible for maintaining the posting. If the posting has been removed, altered, tampered with or defaced both tenants and property owners will be assessed a $2,000 fine. If you as a tenant or property owner realize that your posting was wrongfully removed or damaged please contact NBPD Dispatch at 949-644-3717 to have an officer respond and repost the house.
If you are a property owner and have removed the problem tenants you must appeal to the Chief of Police in order to have the posting removed from your residence: NBPDChief@nbpd.org. Please include documentation proving that the problem tenants have been permanently removed from the location.
The Fine Schedule for LUGO violations is detailed in the chart below.
For more informaiton, you may contact the Police Department via e-mail (NoiseOrdinances@nbpd.org) or by phone at 949-644-3652.