Chapter 4-18 — LOUD AND UNRULY GATHERINGS

Article 1 Purpose(Legislative History: Ordinance No. 2018-016, 9/4/18 (Section 4-18-100))

In order to control unnecessary disturbances caused by unruly gatherings in the City, the City declares that it is the City's policy to prohibit unruly gatherings that create a substantial disturbance in the quiet enjoyment of private or public property in a significant segment of a neighborhood as specified in this Chapter. It is not the intent of the City Council for this Chapter to apply to peaceful gatherings or assemblies.

The City determines that unruly gatherings are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, the City 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.

Article 2

Definitions(Legislative History: Ordinance No. 2018-016, 9/4/18 (Section 4-18-200))

For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:

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

"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.

"Juvenile" means and includes any person under the age of 18.

"Minor" means and includes any person at least 18 years old but under the age of 21.

"Unruly gathering" shall mean a gathering of 20 or more persons on private property that results in conduct that causes a "substantial disturbance" in the quiet enjoyment of private or public property in a significant segment of a neighborhood or presents a threat to the health and safety of those in attendance, responding enforcement personnel, or occupants of immediately adjacent properties. For purposes of this Chapter, conduct that causes a substantial disturbance shall include, but is not limited to, a noise disturbance generating three or more complaints in any four hour period, obstruction of public streets or rights-of-way by people or vehicles, public drunkenness, unlawful possession of alcohol or drugs, serving alcohol to juveniles or 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, the observed presence of persons on rooftop areas not designed for occupancy, and throwing bottles or other objects or substances at law enforcement or any other person.

Article 3

Unruly Gatherings Prohibited(Legislative History: Ordinance No. 2018-016, 9/4/18 (Sections 4-18-300—4-18-800))

It shall be unlawful and constitute a public nuisance 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.

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 a neighborhood, or presents a threat to the health and safety of those in attendance, responding enforcement personnel, or occupants of immediately adjacent properties, as defined in Section 4-18-200(e) of this Chapter.

OWNER.

When a police officer or other duly authorized City employee determines that an unruly gathering is occurring or 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. Notice to the property owner(s) will be issued pursuant to Section 1-12-410 of this Code.

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 4-18-700 of this Chapter, 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.

(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 4-18-200(e) of this Chapter.

(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 or responsible person has taken reasonable steps, including, but not limited to, requesting police assistance to exclude such uninvited participants from the property. Where an invited person engages in conduct which the property owner or 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 or 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 or responsible person for the purposes of determining whether the gathering constitutes an unruly gathering.

(a) Any citation issued for an unruly gathering as defined in Section 4-18-200(e) of this Chapter 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) Section 4-18-200(b) of this Chapter shall not be applicable to a property owner when they
do not reside or occupy the property where the unruly gathering has occurred and the
property owner is entitled to receive rent or other valuable consideration for the use of the
property. A property owner that meets the above conditions and continues to allow
violations of this Chapter shall be guilty of an infraction and may be subject to civil or
administrative enforcement in accordance with Chapter 1-12 of this Code.

(d) If administrative enforcement is initiated in accordance with Chapter 1-12, penalties shall
be assessed against all responsible persons, and individuals liable for the City's intervention
to abate an unruly gathering pursuant to Section 4-18-300 of this Chapter.

(1) Violation(s) of this Chapter will result in a penalty pursuant to Section 1-12-415 of
this Code.

(2) 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.

(e) Once a police officer or other duly authorized City employee 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 4-18-500 of this Chapter, and at least 14 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.

Pursuant to Section 1-12-410 of this Code, the City may collect any past due administrative fine, penalty, and interest charge by use of all available legal means.