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“Property” does not include a restaurant, bar or tavern. <br />Twelve-month period. The twelve months immediately preceding the most <br />recent citation. <br /> <br />4.672 Unruly Gatherings – Provisions. <br />(1) No person shall organize or host an unruly gathering if the person <br />knows or reasonably should know that it is an unruly gathering. <br />(2) It is an affirmative defense to a citation issued for a violation of <br />subsection (1) of this section that the person who organized or hosted <br />an unruly gathering contacted the police as soon as any of the violations <br />or offenses listed in the definition of “unruly gathering” occurred. <br />(3) A person who violates subsection (1) of this section shall be subject to a <br />fine prescribed by subsection (1) of section 4.990 of this code. In <br />addition, a person who is convicted of violating subsection (1) of this <br />section for a second time, and for any additional time, within a twelve- <br />month period shall pay an administrative civil penalty in the amount of <br />response costs, regardless of whether the offense occurred at the same <br />or a different property, as provided in subsection (5) of section 4.996 of <br />this code. <br />(4) If an unruly gathering occurs at the same private property more than <br />three times in a twelve-month period, the owner of the property shall be <br />liable for response costs for the fourth and any subsequent occurrence <br />that occurs within a twelve-month period of three other occurrences at <br />the same property. <br />(5) After an unruly gathering occurs at a private property, and after any <br />future occurrence of an unruly gathering at the same property, city staff <br />will notify the owner(s) of the property. The notice shall include a copy <br />of this ordinance and a description of the owner’s potential liability for <br />response costs under subsection (4) of this section. <br />(6) If a juvenile violates subsection (1) of this section or is the owner of the <br />property and the juvenile is or, but for the juvenile’s age would be, <br />responsible for payment of response costs under this section, the <br />person’s parent(s) or legal guardian(s) are responsible for response <br />costs. <br />(7) Financial liability under this section is joint and several. <br />(8) Appeals. <br />(a) If a civil penalty is imposed upon a property owner as provided in <br />subsection (4) of this section and subsection (6) of section 4.996 of <br />this code, the property owner or property manager owner’s agent <br />may appeal the determination that a violation occurred or amount <br />of the penalty to the city manager in accordance with section 2.021 <br />of this code. <br />(b) In an appeal under this section, when determining to what extent, if <br />any, the owner should be responsible for response costs, the city <br />manager shall consider evidence of the following actions on the <br />part of the property owner to prevent or abate the nuisance, even if <br />unsuccessful: <br />1. On the first occurrence of an unruly gathering, the owner or <br />owner’s agent issued a written warning to the residents of the <br />Ordinance - Page 3 of 8 <br />