HomeMy WebLinkAboutO-1621 Amending Chapter 9.13, Unruly GatheringsORDINANCE NO. 1621 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 9.13 OF THE SAN LUIS
OBISPO MUNICIPAL CODE REGARDING UNRULY GATHERINGS
WHEREAS, Neighborhood Wellness has been a Major City Goal during the 2011 -2013
and 2013 -2015 Financial Plans and continued as an Other Important Objective in the 2015 -2017
Financial Plan; and
WHEREAS, the City Council of the City of San Luis Obispo ( "City ") finds that large
parties in residential neighborhoods are adversely impacting the quality of life of property in
many neighborhoods throughout the City; and
WHEREAS, the City Council further finds that such disturbances are highly disruptive
to the peace and quiet of such neighborhoods and often constitute an immediate and significant
threat and detriment to the public health, safety and welfare; and
WHEREAS, on April 20, 2010, the City adopted Ordinance No. 1546, prohibiting
unruly gatherings (the "Unruly Gatherings Ordinance "); and
WHEREAS, the 2010 Unruly Gathering Ordinance made the property owner and/ or
responsible person liable for such gathering; and
WHEREAS, the City Council finds that despite the adoption of the Unruly Gatherings
Ordinance, such gatherings still occur within the residential areas of the City, most notably
within the areas of the City that are more saturated with students with a high percentage of
rentals and student aged residents; and
WHEREAS, over this last year, the City responded to 1729 complaints regarding large
and noisy parties; and
WHEREAS, enforcement officers are often required to respond multiple times to the
same disturbance at the same location, thus creating a drain on available public safety resource;
and
WHEREAS, the City Council finds that individuals who attend such parties and
contribute to such unruly behavior should be equally liable for such conduct; and
WHEREAS, on March 7, 2015, an unruly gathering took place near California and
Hathway Street which resulted in personal injury and serious property damage, and otherwise
highlighted the serious impacts to the health, safety and welfare of not only those who attend
such gatherings, but to immediate and surrounding community; and
WHEREAS, the City Council finds that the Unruly Gathering Ordinance has been an
effective tool in addressing large and noisy parties and promoting Neighborhood Wellness; and
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WHEREAS, it is the intent of the City Council to further enhance the ability of
enforcement officers to abate and deter such disturbances and to make individuals who attend
such parties and engage in such unruly behavior a liable party under the City's Unruly Gathering
Ordinance; and
WHEREAS, the City Council met in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo, California, on July 21, 2015 for the purpose of considering changes to the
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 9.13.020 E of Chapter 9.13 (Unruly Gatherings) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
9.13.020 Definitions.
Unruly gathering" shall mean a gathering of twenty or more persons on private property
that results in conduct that causes a substantial disturbance of the quiet enjoyment of private or
public property in a significant segment of an immediate neighborhood or presents a threat to the
health, welfare and safety of those in attendance, responding enforcement personnel, or nearby
residents or properties. For purposes of this Chapter, "conduct that causes a substantial
disturbance of the quiet enjoyment of private or public property in a significant segment of an
immediate neighborhood, or presents a threat to the health and safety..." shall include, but is not
limited to, any or all of the following: a noise disturbance; obstruction of public streets or rights -
of -way by people or vehicles; public drunkenness; unlawful possession of alcohol or drugs;
serving alcohol to 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; presence of persons on rooftop areas not designed for occupancy;
unpermitted live bands, amplified music or DJs; and throwing bottles or other objects or
substances at law enforcement or any other person.
SECTION 2. Section 9.13.030 of Chapter 9.13 (Unruly Gatherings) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
9.13.030 Unruly gatherings prohibited.
A. It shall be unlawful and constitute a public nuisance, as defined in Chapter 8.24, 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.
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B. 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 an immediate neighborhood, or
presents a threat to the health, welfare, and safety of those in attendance, responding
enforcement personnel, or nearby residents or properties, as defined in Section 9.13.020E.
SECTION 3. Section 9.13.040 of Chapter 9.13 (Unruly Gatherings) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
9.13.040 Notice of unruly gathering— Mailing to property owner.
When a peace officer has determined that an unruly gathering 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. The
notice shall advise the property owner(s) that any subsequent violation of this chapter at
the same property may result in the property owner being subject to administrative action
and penalties as defined in this chapter.
SECTION 4. Section 9.13.050 of Chapter 9.13 (Unruly Gatherings) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
9.13.050 Persons liable for a response to an unruly gathering.
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 9.13.060, 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 and
a subsequent unruly gathering occurs at least two weeks after the mailing of such notice.
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 9.13.030 B.
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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 /responsible person has taken reasonable steps to exclude such uninvited
participants from the property. Where an invited person engages in conduct which the
property owner /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 /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 /responsible person for the purposes of determining whether the gathering
constitutes an unruly gathering. (Ord. 1546 § 1 (part), 2010)
SECTION 5. Section 9.13.06 of Chapter 9.13 (Unruly Gatherings) of Title 9 (Public
Peace, Morals and Welfare) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
9.13.060 Enforcement.
A. Any citation issued for an unruly gathering as defined in Section 9.13.020(E) 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. If administrative enforcement is initiated in accordance with Chapter 1.24, penalties
shall be assessed against all responsible persons, and individuals liable for the city's
intervention to abate an unruly gathering pursuant to Section 9.13.050, in the following
amounts:
1. The initial violation of this chapter will result in a penalty in the sum of seven hundred
dollars against responsible persons, other than the owner(s) of the property who was not
present and responsible for the gathering, and/or individual attendees as provided in
Section 9.13.050 C.
2. Subsequent violations of this chapter in any twelve -month period following the date of
the first violation will result in a penalty of one thousand dollars against responsible
persons, other than the owner(s) of the property who was not present and responsible for
the gathering.
3. The person(s) who owns the property where the unruly gathering took place will be
assessed a penalty of five hundred dollars, provided the owner(s) was not present during
the gathering, and proper notice of a prior violation at the property was provided to the
owner pursuant to Section 9.13.040.
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4. The initial violation of this chapter by an individual present and contributing to the
unruly gathering, as provided as provided in Section 9.13.050 C, will result in the
assessment of penalty in the sum of three hundred fifty dollars. A second violation of this
ordinance by the same individual within one year of the initial violation will result in the
assessment of a penalty in the sum of seven hundred dollars and each subsequent
violation within one year of the initial violation will result in the assessment of a penalty
in the sum of one thousand dollars.
5. 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.
D. Continued Violations. Once a peace officer 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 9.13.040, and at least
fourteen 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.
SECTION 6. Ordinance Number 1546 (2010 Series) is hereby amended and superseded
to the extent inconsistent herewith.
SECTION 7. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21st day of July 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 18th day of 2015, on the following roll call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
ATTEST:
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Ordinance No. 1621 (2015 Series) Page 6
APPROVED AS TO FORM:
(). Christine Dietri& ity Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ?-0•- day of
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