18.140 may, within 10 days of receipt of notice of the

designated by the city manager by filing a written appeal with the chief of police or his/her designee. The hearing officer shall be a person other than the chief of police or his/her designee.

The written appeal shall set forth the specific objections to the decision of the chief of police which form the basis of the appeal.

The hearing officer shall set a time and place for the hearing as soon as practicable.

The hearing process shall be conducted in an informal process:

The hearing officer shall not be bound by the technical rules of evidence in the conduct of such hearings.

All parties to the hearing shall have the right to present evidence in support or in opposition to the decision of the chief of police or his/her designee.

The decision of the hearing officer shall be based on the evidence presented, and shall either:

Affirm the decision of the chief of police or his/her designee, in which case any fee imposed or permit revoked pursuant to sections 14-18.140 and 14-18.180(a) shall be sustained; or

Reverse the decision of the chief of police or his/her designee, in whole or in part, in which case no fee, no revocation, or a lessor fee shall be imposed.

(Ord. No. 1440)

14-18.170 Notices. Except as otherwise provided in this chapter, any notice or other written proof required by this chapter to be served or given to any person shall be in writing and shall be duly served and given when personally delivered to the person to whom it is directed or, when deposited in United States mail, First Class postage, pre-paid, addressed to the last known address of the person to whom it is directed.

(Ord. No. 1440)

14-18.180 Violations.

Penalties. Except where punishment is specifically provided elsewhere in this code, any person who violates any provision of this chapter is subject to the following terms and penalties:

Violation of sections 14-18.040(a)(1), 14-18.040(b)(1), 14-18.040(b)(2), 14-18.040(d), 14-18.050(a), 14-18.060(b), 14-18.070(b) and 14-18.070(c) are infractions punishable by (a) a fine not exceeding one hundred dollars ($100.00) for the first violation; (b) a fine not exceeding two hundred dollars ($200.00) for the second violation within one year of a prior violation; and (c) a fine not exceeding two hundred and fifty dollars ($250.00) dollars for the third and each successive violation within one year of a prior violation.

A violation of section 14-18.060(a) may be filed as either a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the County Jail not exceeding six months, or both.

A violation of section 14-18.070(a)(1) is an infraction punishable as provided in section 14-18.180(a)(1). The permittee is liable to the city for a fee of one hundred and seventeen dollars ($117.00) per false alarm upon the second fourth false alarm and upon any alarm exceeding one false alarm for the cost of providing police response where an emergency does not exist. The permittee is responsible for payment of any fees imposed.

Enforcement. The conviction or punishment of any person for violating the provisions of this chapter or for failing to secure a permit as required in this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction or punishment, nor shall payment of any permit fee bar a criminal prosecution for violation of any provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee due and owing shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days from the date they are due and payable.

(Ord. No. 1440)

(Ord. No. 1549, § 4, 6-8-2010)

14-18.190 Applicability to Existing Alarm Systems. The provisions of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the effective date of this chapter.

(Ord. No. 1440)

14-18.200 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance.

The city council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

(Ord. No. 1440)

14-18.210 Publication and Effective Date. The ordinance codified in this chapter shall be published in accordance with applicable provisions of law, by either:

Publishing the entire ordinance once in the Novato Advance, a newspaper of general circulation, published in the City of Novato, within 15 days after its passage and adoption; or

Publishing the title or appropriate summary in the Novato Advance at least five days prior to adoption, and a second time within 15 days after its passage and adoption with the names of those city councilmembers voting

for and against the ordinance; and

This ordinance shall go into effect 30 days after the date of its passage and adoption.

(Ord. No. 1440)

14-19 - Uncontrolled gatherings a public nuisance.

14-19.1 Purpose: The purpose of this chapter is to provide the City an additional legal remedy against gatherings of people on private property that become so loud and raucous as to constitute a threat to the peace, health, safety, or general welfare of reasonable persons of normal sensitivity residing in the vicinity of that gathering. The residents of an area should, if possible, first attempt to resolve issues of neighborhood disturbance between themselves before involving law enforcement personnel.

14-19.2 Definitions: For the purposes of this section, unless the context otherwise requires, the following terms or phrases shall be defined as follows:

"Owner" means the person or persons identified by applicable property tax records as the owner of the premises at which an uncontrolled gathering occurs.

"Premises" means the property that is the site of the uncontrolled gathering. For residential properties, premises means the dwelling unit or units where the uncontrolled gathering occurs.

"Uncontrolled gathering" means a gathering of three (3) or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property by the emanation of loud and raucous noise in violation of Novato Municipal Code section 1-6.4(n).

"Hearing Board" shall be designated as the Police Advisory Review Board, which was originally created by ordinance in 1992 by the Novato City Council, and is currently governed by restated City of Novato Resolutions.

14-19.3 Uncontrolled Gatherings—Public Nuisance.

An uncontrolled gathering shall constitute a public nuisance subject to the penalty and enforcement provisions of this chapter.

A peace officer may abate an uncontrolled gathering by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes or the dispersal of the persons attending the uncontrolled gathering provided the peace officer's actions are consistent with the First and Fourth Amendments to the United States Constitution.

14-19.4 Notice of Uncontrolled Gathering, Posting and Mailing.

When a peace officer responds to a first uncontrolled gathering at a premises in the City, the peace officer shall inform any responsible person at the premises that an uncontrolled gathering in violation of this chapter is occurring and any future uncontrolled gathering at the premises within the next one hundred eighty (180) days from the date of this police response may result in liability for the penalties provided in this chapter.

The peace officer shall send a letter by first class mail to the occupant or tenant of the premises at which the uncontrolled gathering occurred stating:

That an uncontrolled gathering has occurred at the premises;

The date of the uncontrolled gathering;

That any subsequent uncontrolled gathering at the same premises within a one hundred eighty (180) day period may result in the imposition of the penalties provided in this section. The letter shall also state that if the police must respond to a future uncontrolled gathering, the parties who may be subject to penalty include the persons in attendance who cause the gathering to be uncontrolled, the owner of the premises, and the occupant or tenant of the premises.

The letter to the occupant or tenant shall be for informational purposes only. The City shall not be precluded from responding to a second or subsequent uncontrolled gathering at the premises that occurs prior to the date the peace officer sends the letter. It shall not be a defense to any future City enforcement of this ordinance against the occupant or tenant or any other person that the occupant or tenant failed to receive the letter or that the peace officer failed to send the letter.

A letter shall also be mailed to the property owner of the premises at the address shown on the property tax assessment records maintained by Marin County. The notification shall inform the owner that any subsequent uncontrolled gathering at the same premises within 180 days may result in the owner being liable for all of the applicable penalties provided for in this chapter. The notice shall be mailed by certified mail. The return receipt shall be prima facie evidence of service.

14-19.5 Persons Liable for a Subsequent Police Response to an Uncontrolled Gathering. If the City is required to respond to an uncontrolled gathering at the same premises more than once in any 180 day period, including a second response during the same day or night as the first response, the following persons may be subject to the criminal or administrative penalties provided for in this chapter.

The owner of the premises at which the uncontrolled gathering occurred if: (1) the owner was present at the time of the City's first response, or (2) a letter was sent to the owner as provided for in section 14-19.4(d) and at least fourteen (14) days have elapsed since the City's receipt of the return receipt.

The person or persons residing in, or otherwise in control of, the premises where the uncontrolled gathering occurred.

All persons attending the uncontrolled gathering and who caused and contributed to the gathering being uncontrolled.

14-19.6 Enforcement and Penalties.

If the City is required to respond to an uncontrolled gathering at the same premises more than once in any 180 day period, including a second response during the same day or night as the first response, the responding peace officer may issue a Notice of Violation to each person contributing to the gathering being uncontrolled. A Notice of Violation shall indicate whether the violation shall be enforced as a criminal offense or administrative penalty. If the violation is enforced as a criminal offense, the Notice of Violation shall be issued and forwarded for prosecution in the same manner as all other criminal offenses punishable as misdemeanors under this code. If the violation is enforced as an administrative penalty, then the administrative penalty procedures in this section shall be followed. Each person issued a Notice of Violation shall be individually subject to the fines and penalties provided for herein.

If enforced as a criminal offense, the violation shall be punishable as a misdemeanor, subject to a fine not to exceed $1000.00 per violation.

If enforced as an administrative penalty, each person issued a Notice of Violation shall be subject to administrative penalties as follows:

For a second City response to an uncontrolled gathering at the same premises within the 180 day period, including a second response during the same day or night as the first response, an administrative penalty up to $750.00.

For a third City response to an uncontrolled gathering at the same premises within the 180 day period, an administrative penalty up to $850.00.

For a fourth or subsequent City response to an uncontrolled gathering at the same premises within the 180 day period, an administrative penalty up to $1000.00 for each violation.

In the event a person who has been issued a Notice of Violation is a juvenile, then the juvenile and the parents or guardians of the juvenile will be jointly and severally liable for any administrative penalty imposed under this chapter.

14-19.7 Administrative Penalty Authority and Notice.

The administrative penalty proceedings described by this chapter shall be applicable to violations of this chapter only. The administrative penalties provided for under this chapter are enacted under the authority of Government Code Sections 36901, 38773.5 and 53069.4.

A Notice of Violation enforceable by administrative penalties pursuant to this chapter shall include the following information:

Date and location of the violation, including the address or definite description of the location where the uncontrolled gathering occurred;

The section of this chapter being violated, a description of the violation and the amount of the penalty imposed.

Notice that the violator may, within fifteen (15) days of the date of the Notice of Violation, appeal the violation to the Hearing Board;

An order prohibiting a repeated violation of this chapter; and

The signature of the peace officer issuing the Notice of Violation.

The notice of violation shall be personally served on the violator or mailed to the violator by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to the violator at his/her last known business or residence address. Service by mail shall be deemed to have been completed at the time of deposit

in the United States mail. The failure of any person to receive a notice of violation that was served or mailed in accordance with this section shall not affect the validity of any enforcement proceeding under this chapter. notices of violation may be served on every person the peace officer deems liable for the criminal or administrative penalties provided for in subsection 14-19.5. Each person receiving a notice of violation shall be subject to the criminal and/or administrative penalties stated in the notice of violation.

The police department shall retain a declaration of the person effecting service, declaring the date, time and manner that service was made.

14-19.8 Hearing Request and Procedure.

Any recipient of a notice of violation enforceable by administrative penalties under this chapter may request an appeals hearing to contest that there was a violation or that he or she is responsible for said violation, by completing a "Request for Hearing Form" and returning it to the city clerk within 15 days from the date the notice of violation was personally served or mailed. At the time of returning the Request for hearing form to the city clerk, the person or persons requesting the appeals hearing shall pay an appeals processing fee of one hundred fifty ($150.00 dollars) and the full amount of the penalty specified in the notice of violation. No hearing shall be scheduled until the person requesting the hearing first pays the appeals processing fee and the full amount of the specified penalty, unless an advance deposit hardship waiver has been obtained in accordance with this section.

Any person who intends to request a hearing and who is financially unable to pay the processing fee and the full amount of the penalty may file a request for a waiver on a hardship waiver form within ten days of the date of the notice of violation. The requirement to deposit the full amount of the processing fee and the full amount of the penalty shall be stayed until the city manager makes a determination not to grant the waiver.

The city manager may grant the waiver only if the violator submits a sworn declaration, together with supporting documents and materials, that demonstrate his or her financial inability to deposit with the City the full amount of the processing fee and the full amount of the penalty in advance of the hearing.

The city manager shall issue a written determination of his/her reasons for granting or denying the waiver. The written determination shall be served on the violator by first class mail. The written determination of the city manager shall be final.

If the city manager denies the waiver, the violator shall remit the full amount of the processing fee and the full amount of the penalty within ten days of the date the city manager's decision is mailed to the violator.

If the person requesting the hearing fails to pay the full amount of the processing fee and the full amount of the penalty, or fails to obtain a waiver from the city manager, within 45 days from the date the notice of violation was personally served or mailed, the request for hearing shall be deemed waived and the notice of violation, including the amount of the penalty specified in the notice of violation, shall be final and fully enforceable in accordance with the provisions of this chapter.

Any hearing conducted pursuant to this section shall be set for a date not less than 15 days nor more than 60 days from the date that the request for hearing form is filed in accordance with this chapter, unless the matter is urgent or good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances.

Any hearing provided under this section shall provide a full opportunity for the person or persons subject to a notice of violation to appear and object to the determination that a violation has occurred and/or that such person is responsible for the violation. The failure of any interested party to appear at a requested appeals hearing shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same.

At the place and time set forth in the notice of hearing, the hearing board shall conduct a hearing on the notice of violation. The hearing board shall consider any written or oral evidence regarding the violation that may be presented by the violator, real property owner, any officer or agent of the city, and any other interested party.

After receiving all of the evidence presented, the public testimony portion of the hearing shall be closed. The hearing board may then consider what action, or actions, if any, should be taken, including the imposition of any penalties.

Within 30 days following the conclusion of the hearing, the hearing board shall issue written findings and make a determination regarding the existence of the violation. If the hearing board finds by a preponderance of the evidence that a violation occurred, the Hearing Board shall issue a written finding of those facts.

The person or persons who requested the hearing shall be served with a copy of the decision of the hearing board in the manner and method set forth by section 14-19.7(c). The decision of the hearing board shall be final.

If the hearing board determines that the notice of violation should be upheld, then the full amount of the penalty on deposit with the city shall be retained by the city.

If the hearing board determines that the notice of violation should be upheld and the penalty and the processing fee have not been deposited because a waiver has been issued, the hearing board shall set forth in the decision a payment schedule for the penalty and the processing fee.

If the hearing board determines that the notice of violation should be cancelled and the penalty was deposited with the city, then the city shall promptly refund the amount of the deposited penalty or the amount paid in excess of any reduced penalty ordered by the hearing board together with the appeal processing fee and interest at the average rate earned on the city's portfolio for the period of time that the penalty, or the excess amount of the penalty, and the appeal processing fee was held by the city.

14-19.9 Collections and Lien Proceedings.

Any administrative penalty in the amount set forth by the notice of violation, if an appeal is not requested in a timely manner, or as ordered by the hearing board, if the matter is timely appealed, shall be paid to the city within 30 days of service of the notice of violation or decision of the hearing board, unless an extension of time is requested by the violator and granted by the city.

Payment of a fine or penalty imposed pursuant to this chapter shall not excuse or permit any continuation or repeated occurrence of the violation that is the subject of the notice of violation.

The administrative penalty imposed through the notice of violation, or the administrative penalty ordered by the hearing board in the event the notice of violation was appealed and a decision rendered, shall constitute a debt owed to the city. In addition to all other means of enforcement, such penalties may be enforced as a personal obligation of the violator.

If the violation is connected with real property and the violator is an owner of the real property, the administrative penalty may be enforced by imposition of a lien on the real property. The police department shall prepare and file with the city clerk a report stating the amount due and owing. The city may record a notice of this lien after a hearing before the city council to consider any protest or objection to the lien. The city clerk shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing and the amount of the lien to be imposed, and shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Marin County, California. If the city council determines that the lien should be imposed, the city may cause notice of the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. Any fee imposed on the city by the county recorder for costs of processing and recording the lien and the cost of providing notice to the property owner in the manner described herein may be recovered from the property owner in any foreclosure action to enforce the lien after recordation.

The remedies set forth in this section are not exclusive. The city may collect administrative penalties and fines by the use of the small claims court or by any other legal remedy.

14-19.10 Judicial Review. Any person aggrieved by a final decision of the hearing board may obtain a review of that decision by filing a petition for review in the Marin County Superior Court in accordance with Government Code section 53069.4.

14-19.11 Supplementary Enforcement Authority. Nothing in this chapter shall prevent the city from initiating a civil or administrative action, or any other legal or equitable proceeding, to obtain compliance with the provisions of this chapter. The enforcement procedures described in this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance with the provisions of this chapter and are expressly intended to be in addition to any other remedies provided by law. It is the intent of the city council that the immunities proscribed in Penal Code section 836.5 shall be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

(Ord. No. 1550, § 1, 9-14-2010)

14-20 - Unlawful Camping.

14-20.1 Purpose. The streets, parks, and public areas within the city should be readily accessible and available to residents and public at large. The use of public property for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Public property is not specifically designed for the purpose of camping and overnight sleeping activities and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions. The use of public property for camping purposes or storage of personal property interferes with the maintenance of the property and viability as a place where the public may enjoy park facilities and use streets and city properties for their intended uses, such as transportation, municipal operations, and open space. Camping activities constitute a public health and safety hazard when conducted without the proper safety, security, and sanitary precautions. Unlawful camping on public property, left unregulated, may result in the public incurring substantial costs in the future to clean up, repair or remediate the property in order to prevent uncontrolled fires, eradicate garbage and waste remaining from camping activities, preserve areas surrounding local streams and creeks, and protect proper routing of stormwater within the city. The purpose of this chapter is to maintain streets, parks and other public areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property.

(Ord. No. 1597, § 1, 2-24-2015)

14-20.2 Definitions. As used in this section:

Camp means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

Camp facilities include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.

Camp paraphernalia includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.

Establish means setting up or moving equipment, supplies or materials on to public property in order to camp or operate camp facilities.

Operate means participating or assisting in establishing or maintaining a camp or camp facility.

Park means the same as defined in section 10-2 of this Code.

Public property means all public property including, but not limited to, streets, sidewalks, alleys, parks, and improved or unimproved land.

Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

Street means the same as defined in section 15-1 of this Code.

(Ord. No. 1597, § 1, 2-24-2015)

14-20.3 Unlawful camping. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on, under, or at any public property, except as may be expressly permitted in connection with a park permit issued under chapter 10 of this Code.

(Ord. No. 1597, § 1, 2-24-2015)

14-20.4 Storage of personal property on public property. It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in, on, under, or at any public property, except as may be allowed in connection with a park permit issued under chapter 10 of this Code.

(Ord. No. 1597, § 1, 2-24-2015)

14-20.5 Fires on public property. It is unlawful and a public nuisance for any person to do the following on any public property:

Light or maintain any fire, unless such fire is lighted and maintained only in an apparatus or receptacle (including a fire pit, stove, barbeque or fire circle) provided by, owned, or maintained by the City of Novato for that particular purpose.

Leave a fire unattended by an adult or leave a location where a fire has been started, kindled and/or maintained until the fire has been completely extinguished and is cold to the touch.

(Ord. No. 1669, § IV, 6-8-2021)

14-20.6 Violations. Any violation of this section shall be punishable as a misdemeanor in accordance with section 1-5 of this Code and shall be deemed a public nuisance. Nothing in this section shall prevent the city from initiating a civil or administrative action, or any other legal or equitable proceeding, to obtain compliance with the provisions of this section. The remedies provided by this section are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance with the provisions of this section and are expressly intended to be in addition to any other civil, criminal, or administrative remedies provided by law, including, but not limited to, Penal Code sections 602 and 647.

(Ord. No. 1597, § 1, 2-24-2015; Ord. No. 1669, § III, 6-8-2021)

14-20.7 Current ordinance provisions. Neither the adoption of the ordinance codified in this section 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 construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision 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 appertaining shall continue in full force and effect.

(Ord. No. 1669, § III, 6-8-2021)

14-20.8 Reserved.

(Ord. No. 1597, § 1, 2-24-2015; Ord. No. 1648, § 1, 1-29-2019; Ord. No. 1669, § V, 6-8-2021; Ord. No. 1719, § 1, 1-14-2025; Ord. No. 1720, § 1, 12-9-2024)