Victorville Municipal Code Ch. 13.110 Unlawful Loud or Unruly Gatherings; Cost Recovery for Second, and Any…

This chapter shall be known as the "Unlawful Loud or Unruly Gatherings; Cost Recovery for Second, and any Subsequent Enforcement Officer Responses to Loud or Unruly Gatherings at the Same Premises Ordinance of the City of Victorville."

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

The definitions in Section 1.05.040 of the code shall apply to this chapter. In addition, as used in this chapter, the following terms shall have the following meanings:

(a) "Enforcement officer service cost" means all costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a specific place or location including, but not limited to, the salaries of the enforcement officer personnel, the actual costs of any medical treatment to injured officers, the costs of repairing any damaged city equipment or property, and overhead and administrative costs related to all of the foregoing.

(b) "Person responsible or responsible person" shall mean a person(s) with a right of possession in the property or premises on which a loud or unruly gathering is conducted, including, but not limited to, an owner or tenant of the property if the gathering is on private property, or a permittee, if the gathering is a permitted gathering on public property, or any person(s) accepting responsibility for such a gathering. Person responsible or responsible person shall additionally include the person or persons who has or have authorized the use of the property/premises for the loud or unruly gathering; and/or the person or persons who has or have organized the loud or unruly gathering or who were or are responsible therefor. Responsible person shall not include any governmental entity.

(c) "Loud or unruly gathering" means a gathering of two or more persons on private or public property whose loud or unruly conduct constitutes a substantial disturbance of the quiet enjoyment of public or private property, and generally threatens the public health, safety, quiet enjoyment of property or general welfare. Loud or unruly gatherings are frequently accompanied by the following types of conduct:

1. Excessive noise or traffic;

2. Obstruction of public streets by crowds or vehicles;

3. Obstruction of rights-of-way by people or vehicles;

4. Public drunkenness;

5. Assaults, batteries, fights or other disturbances of the peace;

6. Vandalism;

7. Littering; or

8. Urinating or defecating in public.

Loud or unruly conduct does not include any activity that is:

1. Protected by Article 1, Section 4 of the California Constitution;

2. Protected by the First or Fourteenth Amendments to the United States Constitution; or

3. Regulated by the California Alcoholic Beverage Control Act.

4. Constituted as domestic violence.

(d) "Party goer or attendee" means anyone who is present, excluding the home owner, or person responsible, of any loud or unruly gathering as defined in this chapter.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

The purpose of this chapter is to deter the occurrence of loud or unruly gatherings and to recover enforcement costs when repeated responses are required to abate the nuisance created thereby. This chapter is intended to enhance the general peace, safety, and welfare of the residents of the City of Victorville by reducing the deployment of enforcement personnel to loud and unruly gatherings. Manpower and resources generally allocated to regular duties or activities and normal services are shifted when the enforcement officer has to respond multiple times to the same loud or unruly gathering. With the rapid growth of the city's population, the problems associated with scarce manpower and resources are exacerbated by this persistent and unbudgeted reallocation of resources.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

It is unlawful and a violation of this chapter for any responsible person to suffer, permit, allow, or host a loud or unruly gathering on public or private property, place or premises under his or her control. Any and all responsible persons shall be jointly and severally liable for any violation of this chapter, except where the person responsible is a minor, in which case the parents or guardians of that minor shall be jointly and severally liable for any violation of this chapter. Domestic violence issues are specifically exempted from this chapter.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

The city shall issue one warning to the responsible person upon response to a loud or unruly gathering. To the extent feasible, although not required, each warning shall be documented and mailed by the city to each responsible person.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

a. Administrative citation. When an enforcement officer responds to a loud or unruly gathering at the premises with a given address in the city within twelve months of a warning given to a responsible person, and the enforcement officer determines a violation of this chapter has occurred or exists, the enforcement officer has the authority to issue an administrative citation to any responsible person, pursuant to Chapter 1.05 of this code.

b. Administrative citation procedures. All procedures, including appeal procedures, set forth in Sections 1.05.060 through and including 1.05.100 of Chapter 1.05 of this code shall be applicable to administrative citations issued for violations of this chapter. However, in the event of any conflict between the provisions of this chapter and Chapter 1.05, the provisions of this chapter shall govern.

c. Fines applicable to responsible person. The administrative citation fees shall be as follows for the responsible person:

i. A fine in the amount of five hundred dollars for a first violation;

ii. A fine in the amount of seven hundred fifty dollars for a second violation within six months of the first violation;

iii. A fine in the amount of one thousand five hundred dollars for a third violation within six months of the first violation; and

iv. A fine in the amount of three thousand dollars for a fourth and any subsequent violations within six months of the first violation.

d. Fines applicable to attendee. The administrative citation fine shall be as follows for the party goer or attendee of a loud or unruly gathering:

i. A fine in the amount of one hundred dollars for a first violation and any subsequent violations within six months of the first violation.

e. Penalties. Each and every day a violation of any provision set forth in this chapter exists, constitutes a separate and distinct violation.

f. Assessment of penalties. Administrative fine penalties shall be assessed in the manner provided in Section 1.05.110.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

a. Loud or unruly gatherings shall constitute a public nuisance. The city shall have the right to abate said nuisance in the manner authorized in Chapter 13.02 of this code.

b. The person or person responsible for causing or maintaining the public nuisance shall be responsible for all costs related to the abatement of the public nuisance, including, but not limited to, all litigation costs, the enforcement officer service cost, and all reasonable City Attorney fees.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)

The remedies provided under this chapter are cumulative, and shall not restrict the city's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state or federal constitutions.

(Ord. No. 2275, § 3, 9-20-11; Ord. No. 2303, § 1, 2013)