HomeMy WebLinkAbout07-21-2015 B1 Unruly Gathering Ordinance ReviewCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Chris Staley, Acting Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: UNRULY GATHERING ORDINANCE REVIEW & PROPOSED
AMENDMENTS
RECOMMENDATION
Introduce an ordinance amending the Unruly Gathering Ordinance, Chapter 9.13 of the
Municipal Code to include additional elements for enforcement purposes.
DISCUSSION
Background
In September of 2009 during a study session with Council, Police Department staff presented
several strategies to reduce neighborhood noise and party disturbances. One of the strategies
proposed was the creation of a new unruly gathering ordinance to address parties that cause
significant disturbances in neighborhoods. Unruly gathering ordinances, at the time, were being
used in several college communities including Rohnert Park, Berkeley and Tucson. From that
study session, Council directed staff to return with an unruly gathering ordinance for
consideration.
The ordinance was not intended to replace the City’s noise ordinance; rather the proposed unruly
gathering ordinance was intended to address gatherings on private property that both had
significant impact on the neighborhood and would require extensive police and other city
resources to control. The ordinance proposed created sanctions for individuals who host
gatherings of twenty (20) people or more and impacted the neighborhood by the addition of
various unlawful and disruptive behaviors.
As adopted by Council in 2010, the Unruly Gathering Ordinance 9.13.020 is detailed below:
E. “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 a neighborhood,
including but not limited to conduct that results in excessive noise as defined in Chapter
9.12, 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, and littering on public property or private property not belonging to the host
of the gathering. (Ord. 1546 § 1 (part), 2010)
A citation for Unruly gathering has a fine amount starting at $700. Property owners are also
subject to fines for any subsequent Unruly gathering following notification that one has occurred
on the property, with a fine amount also starting at $700. Since adoption, there have been twelve
(12) Unruly gathering citations issued, the two most recent issued on May 15, 2015.
July 21, 2015
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Unruly Gathering Ordinance Review & Proposed Amendments Page 2
Council has also adopted additional amendments to the Municipal Code to better address party
behaviors and noise in the neighborhoods. The noise ordinance was amended in 2010, reducing
the number of allowable warnings and including the ability for the city to hold property owners
responsible for noise violations. In August 2013, the Safety Enhancement Zone ordinance was
expanded to include the start of the academic school year for Cal Poly (SLOMC 9.22). During a
Safety Enhancement Zone period, specific municipal code violations result in double fines:
unruly gathering, open container, noise, urinating in public and dangerous and deadly weapons.
Since the 2010 amendments and the Safety Enhancement Zone addition of start of school, the
overall noise complaint calls have decreased steadily with a slight uptick in 2014.
TOTAL NOISE
PARTY CALLS
DACs CITES DACs+CITES Enforcement Action
2009 2584 1148 206 1354 52%
2010 2238 785 263 1048 46%
2011 2013 638 206 844 41%
2012 1644 540 245 785 47.74%
2013 1672 513 245 832 49.76%
2014 1729 549 253 802 43%
EMERGING TRENDS
Similar to other communities with universities and colleges, creativity in the celebration of
traditional “party holidays” has taken place. Whereas large parties used to take place on a
holiday such as Halloween or St. Patrick’s Day, parties are now being planned days or weeks
prior to the actual day to avoid increased enforcement and Safety Enhancement Zones. San Luis
Obispo recently experienced this type of occurrence on March 7, 2015 when a very large party
occurred on Hathway Street in the early hours of the morning. Approximately 3,000 individuals
gathered over several adjacent properties and spilled into the street in celebration of “St. Fratty’s
Day” a pre-cursor celebration to St. Patrick’s Day. Individuals climbed onto rooftops of homes
and a garage, with the event ending in the collapse of the garage due to the weight of the revelers
gathered on top. While serious injury was avoided, the incident was a frightening display of how
quickly large gatherings can become dangerous situations. At this time the information about this
incident is being reviewed and additional investigation being completed in an attempt to pursue
administrative or criminal prosecution of the hosts of this event for an Unruly gathering, if
sufficient evidence can be gathered to affirmatively establish the identity of the hosts sufficient
to prosecute.
The “St. Fratty’s Day” incident indicated that adjustments should be evaluated to make
enforcement of the Unruly Gathering ordinance more effective. In recent discussion with patrol
and command staff, several points were shared as to why enforcement of unruly gathering
provisions is less frequent than might be expected in response to citizen complaints or proactive
responses to neighborhood noise and party issues:
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• Currently, only “responsible parties,” defined as the hosts or property owners of the
property where an unruly gathering occurs, are responsible for the unruly gathering and it
is often difficult or impossible to identify the resident or property owner host, especially
in instances where residents refuse to answer the door when authorities arrive.
Constitutional law prevents entry into a residence unless an officer is given permission or
a warrant is obtained granting entry.
• The vast majority of parties responded to by SLOPD officers are solely for noise issues
impacting only an immediately adjacent neighbor or two, and do not rise to the level of
“substantial disturbance” of “a significant segment of a neighborhood” by the time
offices arrive, as required to establish a violation of the Unruly Gathering ordinance (and
most other nuisance based provisions). Historically, meeting the Unruly Gathering
standard has been interpreted to require the officer’s observance of noise, plus some other
significant adverse behavior impacting surrounding properties. Most loud party calls do
not involve additional municipal code or criminal violations that are actually observed by
the responding officers, such that the “noise plus” standard could be established.
• When noisy party attendees see police cars, they stop everything and generally disperse,
leave or go inside the residence. If the gathering attendees move from outside to inside it
is difficult to establish the requisite number of party attendees and substantial disturbance
required to cite for a violation.
• Patrol is not frequently seeing people drinking in public or urinating in the streets in
association with noisy parties and, thus is utilizing standard noise response tools to
address concerns.
• If individuals are fighting, they generally stop before patrol gets close enough to observe
what was happening and witnesses rarely provide information sufficient to establish
criminal misconduct.
Overall, some uncertainty in the application of the standard of proof that would justify an unruly
gathering citation and/or the lack of large gatherings, plus other criminal or municipal violations
at a level required for an unruly gathering citation to be written simply are not observed by
officers responding to party calls.
RECOMMENDATIONS
To determine how to make the Unruly Gathering Ordinance a more effective enforcement tool,
staff spoke with officers working patrol and they offered ideas to modify or enhance the
ordinance based on what has been observed since the introduction of the ordinance in 2010.
Officers noted the following were common contributing factors to parties associated with unruly
gatherings:
• Behaviors contributing to the unruly gathering by party attendees who are not resident or
owner hosts.
• Unpermitted DJs or live bands providing entertainment.
• Subjects throwing bottles or other object and substances at police officers or others.
• Subjects congregating on structures or in areas not designed for assembly or occupation
(i.e. roofs, accessory buildings, etc.).
• Multiple complaints made by multiple reporting parties.
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• Open parties i.e., courtyard or common areas parties on private property not tied to a
specific unit on the property.
• On occasion temporary barriers or privacy structures/tarps are erected around host
residences limiting or prohibiting officer access to the property generating complaints for
contact with participants or further investigation (staff is recommending that these issues
relating to potentially unpermitted structures or barriers would be documented by
responding personnel and addressed via code enforcement referral, rather than
amendments to the unruly gathering ordinance).
After further discussion, careful consideration in consultation with the City Attorney, as well as
outreach to residents and students, staff proposes amendments to Section 9.13.020 E to read as
follows:
E. “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 a
neighborhood including but not limited to conduct that results in excessive noise as
defined in Chapter 9.12 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
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…” 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 minors, fights,
disturbances of the peace, urinating or defecating in public, setting off fireworks,
vandalism, and 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, unpermitted live bands, amplified music or DJs, and throwing bottles or
other objects or substances at law enforcement or any other person.
Additionally, staff has worked with the City Attorney’s office to propose an amendment to the
prohibited conduct provisions of the ordinance, Section 9.13.030, to ensure that party attendees,
other than owners and hosts can be cited for misconduct. The proposed amendment provides
that those who are not owners or hosts, but who are present at and engaging in behaviors that are
contributing to the unruly gathering environment may also be cited for violation of the unruly
gathering ordinance. The objective in recommending these amendments is to ensure personal
accountability for individuals who choose to remain at a party that has turned into an unruly
gathering and are personally contributing to such a gathering through their adverse behaviors,
even if they are not the hosts or property owners. The purpose of the additional provisions,
coupled with the defense to liability for those persons who have taken reasonable steps to
prevent or end unruly gatherings (see section 9.13.050) will encourage hosts and property
owners to seek early intervention from the police where it appears that a party may be moving in
a negative direction beyond the host’s control. The proposed amendments and some related
clarifications to Sections 9.13.030 B (new), 9.13.040 (amended), 9.13.05 C (new and
renumbered), and 9.13.060 A (amended) and C (amended) are underlined below:
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Unruly Gathering Ordinance Review & Proposed Amendments Page 5
9.13.030 Declaration of policy.
B. [New] 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 9.13.020 E.
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.
9.13.050 Persons liable for a response to an unruly gathering.
C. [new and renumbered] Any persons in attendance at and engaging in conduct
contributing to the unruly gathering as set forth in Section 9.13.030 B.
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.
C. If administrative enforcement is initiated in accordance with Chapter 1.24, penalties
shall be assessed against all responsible persons, and/or individuals liable for the city’s
intervention to abate an unruly gathering pursuant to Section 9.13.050, in the following
amounts:
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.
CONCURRENCES
Community Development Department and the City Attorney’s office concur with the
recommendations in this report. Outreach for the proposed amendments was conducted with
community members, Residents for Quality Neighborhoods and Cal Poly students.
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FISCAL IMPACT
There is no direct fiscal impact associated with this action. The Police Department staff involved
with processing notification letters and overseeing the administrative citation process including
appeals does not anticipate a major impact on workload.
ALTERNATIVES
1. Should Council desire simple changes to the proposed ordinance amendments, Council
may direct staff to make these changes immediately and proceed with introduction as
amended.
2. Should Council desire significant modifications to the recommended language
amendments, staff suggests Council provide direction and direct staff to return with
revised amendments at a later date.
3. Make no changes to the existing unruly gathering ordinance.
ATTACHMENTS
1. Amended Unruly Gathering ordinance 9.13
T:\Council Agenda Reports\2015\2015-07-21\Unruly Gathering\Unruly Gathering Council Agenda Report.docx
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O _____
ORDINANCE NO. (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, 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;
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; 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, 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 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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Ordinance No. ----- (20xx Series) Page 2
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.
E. “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 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 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…” 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 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.
ATTACHMENT 1
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Ordinance No. ----- (20xx Series) Page 3
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 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 9.13.020 E.
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.
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
ATTACHMENT 1
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Ordinance No. ----- (20xx Series) Page 4
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.
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
ATTACHMENT 1
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Ordinance No. ----- (20xx Series) Page 5
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 ____ day of 20__, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
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Ordinance No. ----- (20xx Series) Page 6
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis
Obispo, California, this ______ day of __________, _________.
_______________________
Anthony J. Mejia, MMC
City Clerk
ATTACHMENT 1
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Unruly Gathering Ordinance
Proposed Amendments to SLMC 9.13.020
Purpose of Ordinance
The 2010 adopted Unruly Gathering
Ordinance was intended to address
gatherings on private property that both
had significant impact on the
neighborhoods and would require
extensive police and other City
resources to control.
2010 Adopted Ordinance
E. “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 a neighborhood, including but not limited to
conduct that results in excessive noise as defined in
Chapter 9.12, 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, vandalism, and littering on public property
or private property not belonging to the host of the
gathering.
Enforcement Challenges
Conservative approach to the new ordinance
Identifying and documenting outlined factors in ordinance
Officer Safety during the handling of the incident
Identifying individual(s) responsible for party
Historical Noise/Party Data
In 2010 the Council adopted the Unruly Gathering Ordinance
and added Landlord Accountability to the noise ordinance
Overall noise complaint calls have decreased steadily.
In 2013 the Safety Enhancement Zone was amended to add
the start of school
Emerging Trends
Similar to other communities with universities and
colleges, seeing creativity in non-traditional “party
holidays” taking place.
Example: May 7, 2015
St. Fratty’s Day replaces St. Patrick’s Day Celebrations
Approximately 3,000 individuals gathered on Hathway Street
Individuals climb on roofs to homes and garages
One garage collapsed under the weight of revelers
Outreach
Student City Liaison Committee
Neighborhood Groups
Student Affairs
Community Recommendations
Proposed Changes to Ordinance
Section 9.13.020(E)
Added language regarding health and safety:
“…presents a threat to the health and safety of those in
attendance, responding enforcement personnel, or occupants
of immediately adjacent properties.”
Proposed Changes to Ordinance
Section 9.13.020(E)
Clarifying Language
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 a neighborhood,
or presents a threat to the health and safety…” shall
include, but is not limited to a noise disturbance generating
three or more complaints in any four hour period
Proposed Changes to Ordinance
Section 9.13.020(E)
Added Contributing Factors
“…the observed 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.”
Proposed Section:
Participate in Unruly Gathering
Section 9.13.030(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 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 9.13.020 E.
Associated Fines
Penalties for violations within 12 months
Unruly Gathering
1st Violation - $700
2nd Violation - $1000
Participate in an Unruly Gathering (Proposed)
1st Violation - $350
2nd Violation - $700
3rd Violation - $1000
Safety Enhancement Zone fines are doubled.
Questions?
TIENewspaper of the Central Coast .Jl.J L 33 a 2015
MBIUNE
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 1861826
CITY OF SAN LUIS OBISPO
OFFICE OF CITY CLERIC
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above -named newspaper and not in any
supplement thereof — on the following dates to wit;
JULY 29, 2015 that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case 419139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Ai ^ IAA N Jr� A Ir r A h z
(Signatku-k of Principal Clerk)
DATED: JULY 29, 2015
AD COST: $158.40
C
l SI! I M OB0)110
ORDINANCE NO. 1620 (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 GATHER-
INGS
NOTICE IS HEREBY GIVEN that the Clty
Council of the City of San Luis Obispo, Call -
fomia, at Its Regular Meeting of July 21,
2015, Inlroducad the above titled ordinance
upon a motlon by Council Member Cafpen-
tar, second by Council Member Christian-
son, and on the following roll call vote:
AYES: Council Member Carpenter, Chriatl-
anson, Rlvoire, Vice Mayor Ashbaugh, and
Mayor Manx
NOES; None
Ordlnanc!0Q, 7621 _(_2015 Series) - This is
a Oily Ordinance to amend Chapter 9.13
(Unruly Gatherings) of the Municipal Code
to sanction individuals who host unruly
gatherings of twenty (20) people or more
where violations impacting surrounding real-
dents or properties occur, as well as add-
ing provisions to sanction attendees at
such gatherings whose conduct conirlbutes
to the Impacts to a neighborhood by the ad-
dition of various unlawful and disruptive be-
havior.
A full and complete copy of the aforemen-
finned Ordinance Is available for inspection
and copy In the City Clerk's Office, located
aI 990 Palm Street, San Luis Obispo, Cali-
fornia, or you may call (805) 781 -7100 for
more Informallon.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San Luis
Obispo will consider adopting the afore-
mentioned Ordinance at its Regular Meet-
ing of August 18, 2015 at 6:00 p.m., which
will be held in the Council Chamber, locat-
ed at 990 Palm Street, San Luis Obispo,
California.
Anthony J. McJla
City Clerk
July 20, 2015 1861826