(a) A violation of this ordinance shall only be prosecuted as a civil penalty pursuant to the procedures in Article 2 of Chapter 2, Section 1-2.201, et seq. Notwithstanding Section 1-2.201, et seq., a violation subjects any and all responsible persons, as defined herein, to a civil penalty as follows:
(1) The Civil Penalty shall be as specified in the City's Master Fee Resolution for the first violation. Any violation occurring within twenty-four (24) hours of the first violation shall result in an additional fine for the same amount as the fine for the first violation; and
(2) The Civil Penalty shall be as specified in the City's Master Fee Resolution for a second violation occurring within one year of the first cited violation, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1), above; and
(3) The Civil Penalty shall be as specified in the City's Master Fee Resolution for a third or any further violations occurring within one year of the first cited violation, but outside of the twenty-four (24) hour period provided for in subsections 5-26.05, (a) (1) above.
(c) If the owner of the private property has leased the property to another person, such owner shall not be considered a responsible person until said owner receives notice of at least one previous unruly gathering on his property in the prior twelve (12) months. Notice shall be by a copy of the citation transmitted via certified mail to the owner of the private property as recorded by the last equalized assessment roll of the Ventura County Assessor.
(d) In the event that an unruly gathering is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this ordinance.
(e) The responsible person may perform community service and pay City administrative fees, if any, as an alternative to paying the civil penalty with the prior written consent and approval of the City of Thousand Oaks Police Chief or designee. The number of community service hours required to satisfy a civil penalty is specified in the City's Master Fee Resolution.
(f) The parents or guardians of a juvenile found to have hosted an unruly gathering may also request to have that juvenile serve the required hours of community service as described in subsection (e), above, and pay City administrative fees, if any, as an alternative penalty to paying the applicable civil penalty.
(g) The City Police Chief or designee shall retain the discretion to approve the community service requested by the responsible person. Upon approval of City Police Chief or designee to perform community service, the responsible person shall complete the required hours within one year of approval, and shall submit proof of completion to City Police Chief or designee. Failure to receive approval to perform community service or failure to complete the required hours of service shall result in imposition of the applicable civil penalty, which is immediately payable. No reduction in the penalty is authorized for completion of less than the required hours of community service as set forth in subsection (e) unless approved by the City Manager or his designee.
(h) Community service will only be approved for the first citation issued within a one year period. Subsequent violations within one year from the first violation, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1), will be subject to Civil Penalties as stated in sections 5-26.05 (a) (2) and 5-26.05 (a) (3).
(§ 2, Ord. 1462-NS, eff. June 9, 2006, § 6, Ord. 1478-NS, eff. July 1, 2007, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)