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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 B1 B1 - 1 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: B1 - 2 Unruly Gathering Ordinance Review & Proposed Amendments Page 3 • 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. B1 - 3 Unruly Gathering Ordinance Review & Proposed Amendments Page 4 • 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: B1 - 4 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. B1 - 5 Unruly Gathering Ordinance Review & Proposed Amendments Page 6 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 B1 - 6 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 ATTACHMENT 1 B1 - 7 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 B1 - 8 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 B1 - 9 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 B1 - 10 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 ATTACHMENT 1 B1 - 11 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 B1 - 12 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