A. Any citation issued for an unruly gathering as defined in section 9.40.020.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. Subsection B shall not be applicable to a property owner when they do not reside or occupy the property where the unruly gathering has occurred and the property owner is entitled to receive rent or other valuable consideration for the use of the property. A property owner that meets the above conditions and continues to allow violations of this chapter shall be guilty of an infraction and may be subject to civil or administrative enforcement in accordance with Chapter 1.15 of this code.
D. If administrative enforcement is initiated in accordance with Chapter 1.15, penalties shall be assessed against all responsible persons, and individuals liable for the city’s intervention to abate an unruly gathering pursuant to section 9.40.050 of this code.
1. Violation(s) of this chapter will result in a penalty in an amount set forth by resolution of the city council pursuant to section 1.15.050 of this code.
2. 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.
E. Continued Violations. Once a police officer or other duly authorized city employee 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 9.40.040, 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.
(Ord. 2473 §3(part))