Chapter 9.13
UNRULY GATHERINGS

Sections:

9.13.010    Declaration of policy.

9.13.020    Definitions.

9.13.030    Unruly gatherings prohibited.

9.13.040    Notice of unruly gathering—Mailing to property owner.

9.13.050    Persons liable for a response to an unruly gathering.

9.13.060    Enforcement.

9.13.070    Collection of delinquent costs.

9.13.010 Declaration of policy.

A. In order to control unnecessary disturbances caused by unruly gatherings in the city, it is declared to be the policy of the city to prohibit unruly gatherings that create a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood as specified in this chapter.

B. It is determined that unruly gatherings are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, the council declares that creating, maintaining, causing, or allowing to be created, maintained, or caused, any unruly gathering in a manner prohibited by or not in conformity with the provisions of this chapter is a public nuisance and shall be punishable as such in any manner provided by law, including but not necessarily limited to the filing of a civil or criminal action. (Ord. 1546 § 1 (part), 2010)

9.13.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. “Gathering” means a group of persons who have assembled or are assembling for a party or social event, occasion or activity on private property.

B. “Responsible person” means and includes, but is not limited to: (1) the person who owns, rents, leases, or otherwise has legal control of the property where the gathering takes place; or (2) the person who caused the gathering to occur.

C. “Juvenile” means and includes any person under the age of eighteen.

D. “Minor” means and includes any person at least eighteen years old but under the age of twenty-one.

E. “Unruly gathering” shall mean a gathering of twenty or more persons on private property that results in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood or presents a threat to the health, welfare and safety of those in attendance, responding enforcement personnel, or nearby residents or properties. For purposes of this chapter, “conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood, or presents a threat to the health and safety…” shall include, but is not limited to, any or all of the following: a noise disturbance; obstruction of public streets or rights-of-way by people or vehicles; public drunkenness; unlawful possession of alcohol or drugs; serving alcohol to minors; fights; disturbances of the peace; urinating or defecating in public; setting off fireworks; vandalism; littering on public property or private property not belonging to the host of the gathering; presence of persons on rooftop areas not designed for occupancy; unpermitted live bands, amplified music or DJs; and throwing bottles or other objects or substances at law enforcement or any other person. (Ord. 1621 § 1, 2015; Ord. 1546 § 1 (part), 2010)

9.13.030 Unruly gatherings prohibited.

A. It shall be unlawful and constitute a public nuisance, as defined in Chapter 8.24, for any responsible person(s) to cause or allow an unruly gathering to occur on any private property within the city. An unruly gathering may be abated by the city by all reasonable means including, but not limited to, an order requiring the unruly gathering to be disbanded, the issuance of citations, and/or the arrests of any law violators under any applicable local laws and state statutes.

B. It shall be unlawful and a violation of this chapter for any person to attend or participate in an unruly gathering in a manner that contributes to the unruly gathering by engaging in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood, or presents a threat to the health, welfare, and safety of those in attendance, responding enforcement personnel, or nearby residents or properties, as defined in Section 9.13.020(E). (Ord. 1621 § 2, 2015: Ord. 1546 § 1 (part), 2010)

9.13.040 Notice of unruly gathering—Mailing to property owner.

When a peace officer has determined that an unruly gathering has occurred, and either the unruly gathering was hosted by a person or persons other than the owner or responding personnel are unable to determine whether the owner was the host, the police department shall mail a notice to the owner of the property where the unruly gathering occurred. The notice shall advise the property owner(s) that any subsequent violation of this chapter at the same property may result in the property owner being subject to administrative action and penalties as defined in this chapter. (Ord. 1621 § 3, 2015: Ord. 1546 § 1 (part), 2010)

9.13.050 Persons liable for a response to an unruly gathering.

If the city is required to respond to an unruly gathering, the following persons shall be jointly and severally liable for civil penalties as set forth in Section 9.13.060, 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 unruly gathering took place; provided, that notice has been mailed to the owner of the property as set forth herein and a subsequent unruly gathering occurs at least two weeks after the mailing of such notice.

B. The responsible person or persons; provided, however, that if the responsible person is a juvenile, then the parents or guardians of the juvenile will be jointly and severally liable for penalties and liabilities herein.

C. Any persons in attendance at and engaging in conduct contributing to the unruly gathering as set forth in Section 9.13.030(B).

D. Nothing in this section shall be construed to impose liability on a property owner or responsible person for the conduct of persons who are present without the express or implied consent of the property owner/responsible person as long as the property owner/responsible person has taken reasonable steps to exclude such uninvited participants from the property. Where an invited person engages in conduct which the property owner/responsible person could not reasonably foresee and the conduct is an isolated instance of a person at the gathering violating the law which the property owner/responsible person is unable to reasonably control without the intervention of the police, the unlawful conduct of that person shall not be attributable to the property owner/responsible person for the purposes of determining whether the gathering constitutes an unruly gathering. (Ord. 1621 § 4, 2015: Ord. 1546 § 1 (part), 2010)

9.13.060 Enforcement.

A. Any citation issued for an unruly gathering as defined in Section 9.13.020(E) shall be deemed to be prima facie evidence of a violation of the provisions of this chapter for purposes of administrative enforcement.

B. Any violation of this chapter shall be a misdemeanor and is subject to criminal, civil or administrative enforcement as provided in this code. Each hour such violation is committed or is permitted to continue shall constitute a separate offense and may be punishable as such.

C. If administrative enforcement is initiated in accordance with Chapter 1.24, penalties shall be assessed against all responsible persons, and individuals liable for the city’s intervention to abate an unruly gathering pursuant to Section 9.13.050, in the following amounts:

1. The initial violation of this chapter will result in a penalty in the sum of seven hundred dollars against responsible persons, other than the owner(s) of the property who was not present and responsible for the gathering, and/or individual attendees as provided in Section 9.13.050(C).

2. Subsequent violations of this chapter in any twelve-month period following the date of the first violation will result in a penalty of one thousand dollars against responsible persons, other than the owner(s) of the property who was not present and responsible for the gathering.

3. The person(s) who owns the property where the unruly gathering took place will be assessed a penalty of five hundred dollars, provided the owner(s) was not present during the gathering, and proper notice of a prior violation at the property was provided to the owner pursuant to Section 9.13.040.

4. The initial violation of this chapter by an individual present and contributing to the unruly gathering, as provided in Section 9.13.050(C), will result in the assessment of penalty in the sum of three hundred fifty dollars. A second violation of this chapter by the same individual within one year of the initial violation will result in the assessment of a penalty in the sum of seven hundred dollars and each subsequent violation within one year of the initial violation will result in the assessment of a penalty in the sum of one thousand dollars.

5. 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 an unruly gathering.

D. Continued Violations. Once a peace officer has determined there has been a violation of this chapter, the owner(s) of the property where the violation occurred may be subject to administrative action for allowing a subsequent violation of this chapter to occur on the property, provided the property owner has received notice as required by Section 9.13.040, and at least fourteen days have elapsed since the date the notice was mailed to the property owner(s). The city may defer or delay administrative action against any property owner who can demonstrate due diligence in preventing future unruly gatherings, such as evicting those responsible for such gatherings. (Ord. 1621 § 5, 2015: Ord. 1546 § 1 (part), 2010)

9.13.070 Collection of delinquent costs.

The penalties assessed as a result of a city response to an unruly gathering shall constitute a debt of all persons liable for the penalties in favor of the city and may be collected in any manner authorized by Chapter 1.24. (Ord. 1546 § 1 (part), 2010)