Pomona Municipal Code § 34-188 Responsibility for proper property management

For the purpose of this division, the following terms shall have the following meanings:

Alcohol means any ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Juvenile means any person under 18 years of age.

Loud or unruly gathering means any party or gathering of two or more persons at or on a residence or other private gathering of two or more persons at or on a residence or other private property upon which loud or unruly conduct occurs. Such loud and unruly conduct includes, but is not limited to:

(1) Excessive noise prohibited under section 18-301 et seq. of the Pomona City Code;

(2) Excessive traffic;

(3) Obstruction of public streets or crowds that have spilled into public streets;

(4) Service to or consumption of alcohol or alcoholic beverages by any underage person, except as permitted by state law;

(5) Assaults, batteries, fights, domestic violence or other disturbances of the peace;

(6) Vandalism;

(7) Litter; and

(8) Any other conduct which constitutes a threat to the public health, safety, quiet enjoyment of residential property or the general welfare.

A loud and unruly gathering shall constitute a public nuisance.

Residence or other private property means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

Responsible person means a person or persons with a right of possession in the residence or other private property on which a loud or unruly gathering is conducted, including, but not limited to:

(1) An owner of the residence or other private property;

(2) A tenant or lessee of the residence or other private property;

(3) The landlord of another person responsible for the gathering;

(4) The person(s) in charge of the residence or other private property;

(5) The person(s) who organizes, supervises, officiates, conducts, or controls the gathering or any other person(s) accepting responsibility for such a gathering.

If a responsible person for the gathering is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to section 14-171 et seq. of the Pomona City Code. To incur liability for response costs imposed by the Pomona City Code, the responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of response costs.

Underage person means any person under 21 years of age.

(Ord. No. 4126, § 1, 12-7-2009)

Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the City of Pomona is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this division. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property.

(Ord. No. 4126, § 1, 12-7-2009)

(a) It shall be a misdemeanor for any responsible person to knowingly conduct, aid, allow, permit, condone or otherwise facilitate a loud or unruly gathering at a residence or other private property, unless charged as an infraction by the district attorney, city attorney or city prosecutor.

(b) Fines for a violation charged as an infraction.

(1) A first violation of this section shall be punishable by a $100.00 fine.

(2) A second violation of this section at the same residence or other private property, or by the same responsible person, within a 12-month period shall be punishable by a fine of $200.00.

(3) A third or subsequent violation of this section at the same residence or other private property, or by the same responsible person, within a 12-month period shall be punishable by a fine of $500.00.

(c) The fines prescribed at subsection (b) are in addition to any response costs that may be assessed pursuant to section 14-171 et seq. of the Pomona City Code.

(d) The second, third or subsequent violation fines prescribed at subsection (b)(2) and (b)(3) are payable whether or not the responsible person for such loud or unruly gathering is different from the responsible person for any prior loud or unruly gathering at the residence or other private property.

(e) The fine schedule prescribed at subsection (b) is a "rolling schedule" meaning that in calculating the fine payable the police department, city attorney, city prosecutor, or district attorney shall count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the residence or other private property in question during the statutory 12-month period. A warning given pursuant to this division shall remain in effect for the residence or other private property at a given address until a full 12-month period has elapsed during which there have been no response to a loud or unruly gathering at that residence or other private property.

(Ord. No. 4126, § 1, 12-7-2009)