|
|
Article 10-10
LOUD OR UNRULY GATHERINGSSections:
10-10-1 Definition - Loud Gathering Unlawful
10-10-2 Notice of Unruly Gathering Posting
10-10-3 Notification of Property Owner
10-10-4 Subsequent Unruly Gathering a Civil Infraction; Parties Liable
10-10-5 Penalty
10-10-6 Enforcement
10-10-1 Definition - Loud Gathering Unlawful
An unruly gathering is a gathering of five (5) or more persons on any private property, including property used to conduct business, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons, and shall be unlawful. Such disturbances include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and littering. An unruly gathering may be abated by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes, including this one.
(02-07, Added, 03/20/2002)
10-10-2 Notice of Unruly Gathering Posting
A. The premises at which the unruly gathering occurs shall be posted with a notice stating that the intervention of the police has been necessitated by the occurrence of an unruly gathering at the premises. The notice shall state the date of the police intervention, and that any subsequent unruly gathering on the same premises within a one hundred and twenty (120) day period shall result in liability for the penalties provided for in this article. Parties liable include any persons in attendance causing the gathering to be unruly, or any owner, occupant or tenant of the premises at which the unruly gathering occurred, or any sponsor of the event constituting the unruly gathering.
B. Premises shall be posted with a notice as provided in this section each time an unruly gathering occurs. In the event that premises are already posted at the time of the subsequent posting, the one hundred twenty day period from the date of the existing posting shall be extended to one hundred twenty days from the date of the subsequent posting. Once premises are initially posted as a result of an unruly gathering and the conduct causing the gathering to be unruly has ceased, a resumption of unruly behavior on the premises resulting in another police response shall constitute a new and separate unruly gathering for the purposes of this article.
C. The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, moved, defaced or concealed. The removal, movement, defacement, or concealment of a posted notice shall be a civil infraction carrying a penalty of a minimum mandatory two hundred dollar ($200.00) fine, in addition to any other penalties which may be imposed under this article. The owner, occupant or tenant of the premises or sponsor of the event constituting the unruly gathering, if present, shall be consulted as to the location in which such notice is posted in order to achieve the security of the notice and to provide for its prominent display.
D. An owner, occupant or tenant of the posted premises may contest the posting of the notice by filing a written application for hearing with the Oro Valley Magistrate Court requesting that the court determine whether justification existed for posting of the notice under the provisions of this article. The application shall be filed within ten (10) days after the initial posting of the notice, or, if the notice is given by mail, within ten (10) days after mailing the notice, and in no circumstances thereafter. The court shall set a time and date for a hearing to be held not later than thirty (30) days after receipt of the written application for a hearing and shall notify both the applicant and the town prosecutor’s office of the hearing date. At the hearing, the Town shall prove by a preponderance of the evidence that the posting of the notice was justified pursuant to the provisions of this article.
(02-07, Added, 03/20/2002)
10-10-3 Notification of Property Owner
Notification of the posting of the notice of the unruly gathering shall be mailed to any property owner at the address shown on the Pima County property tax assessment records. The notification shall advise the property owner that any subsequent unruly gathering within one hundred and twenty (120) days on the same premises shall result in liability of the property owner for all applicable penalties as provided in this article. Notification shall be made by certified mail. The return receipt shall be prima facie evidence of service for court proceedings. The owner of the property may also be notified by telephone and will be documented once individual contact with the owner has been made and the owner notified of the unruly gathering and posting.
(02-07, Added, 03/20/2002)
10-10-4 Subsequent Unruly Gathering a Civil Infraction; Parties Liable
The occurrence of an unruly gathering on the same premises more than once in any one hundred and twenty day period shall be a civil infraction. The following parties, if found responsible for such an infraction, shall be liable for the penalties provided for in Section 10-10-5.
A. The owner of the property where the unruly gathering occurred, provided that notification of posting was mailed to the owner of the property as provided for in Section 10-10-3, and that the unruly gathering occurred not less than two (2) weeks after the mailing of such notification.
B. The owner, occupant or tenant of the property where the unruly gathering occurred.
C. The person or persons who organized or sponsored the event constituting the unruly gathering.
D. Any person in attendance at the unruly gathering who engaged in any conduct causing the gathering to be unruly.
Nothing in this Section shall be construed to impose liability on the owner, occupant or tenant of the premises or sponsor of the event constituting the unruly gathering, for the conduct of the perons who are in attendance without the express or implied consent of the owner, occupant, tenant or sponsor, as long as the owner, occupant, tenant or sponsor has taken all steps reasonably necessary to exclude the uninvited persons from the premises. Where an invited person engages in unlawful conduct which the owner, occupant, tenant or sponsor could not reasonably foresee and could not reasonably control without the intervention of the police, the unlawful conduct of the person shall not be attributable to the owner, occupant, tenant, or sponsor for the purposes of determining liability under this Section.
(02-07, Added, 03/20/2002)
10-10-5 Penalty
The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Section 10-10-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for the third or each subsequent violation thereafter.
The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of the law committed during the course of an unruly gathering.
The court may also enter an order of abatement against a party found responsible for a violation of this article.
(02-07, Added, 03/20/2002)
10-10-6 Enforcement
The police department is authorized to enforce the provisions of this article provided that enforcement is initiated by a complaint from a member of the public. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible.
(02-07, Added, 03/20/2002)
|
|