This chapter of the Napa Municipal Code shall be known as the "Loud and Unruly Gathering Ordinance."
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The purpose of this chapter is to deter the occurrence of loud and unruly gatherings, parties and other breaches of the peace. This chapter is intended to enhance the general peace, safety and welfare of the citizens of the City of Napa by reducing the deployment of Police Department personnel to loud and unruly gatherings. The commitment of law enforcement resources to such gatherings decreases preventive police presence and delays dispatch to other incidents requiring a police response.
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As used in this chapter:
means a gathering of a group of two or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of public or private property in a significant segment of the surrounding neighborhood. Loud and unruly gatherings are frequently accompanied by the following types of conduct which may otherwise constitute a violation of local or State law: excessive generation of noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, fights, disturbances of the peace, or littering.
means that term as it is defined under Napa Municipal Code Section 1.16.010(b).
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It is unlawful and a violation of this code, subject to enforcement pursuant to Chapter 1.16 of this code, for any responsible person to suffer, permit, allow or host a loud and unruly gathering at his or her place of residence or at any other public or private property, place or premises under his or her control within 12 months of receipt of a written warning from the Police Department issued under the authority of Napa Municipal Code Section 9.50.050.
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Upon a first response to a loud and unruly gathering as defined under Napa Municipal Code Section 9.50.030, the law enforcement officer in charge of the call shall notify the responsible person(s) in writing that the second and any subsequent responses within a 12-month period to the address at which the loud and unruly gathering occurred will be subject to citation under this chapter.
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A.
Whenever an enforcement officer determines a violation of this chapter has occurred or exists, the enforcement officer has the authority to issue an administrative citation to any responsible person, pursuant to Section 1.24.050 of this code.
B.
A person to whom an administrative citation is issued may appeal the citation by requesting an administrative hearing within 10 days of the issuance of the administrative citation. Any such request for administrative hearing must be filed in accordance with Chapter 1.24 of this code. Failure to timely request an administrative hearing in the manner required by this section constitutes waiver of the hearing and a failure to exhaust administrative remedies.
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In addition to any and all other police services, costs, fees, penalties and expenses which may be assessed or imposed as a result of violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to the city, a civil penalty of:
A.
$500.00 for a first violation;
B.
$750.00 for a second violation within 12 months of the first violation;
C.
$1,000.00 for each additional violation within 12 months of the first violation.
The city shall notify the person in writing of the imposition of such civil penalty. |
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In addition to all other costs, expenses and penalties which may be assessed or imposed as a result of a violation of this chapter, any responsible person who violates a provision of this chapter shall be liable and responsible for, and shall be required to reimburse the city in full for, all police service costs and expenses incurred by the city in connection with the violation, in accordance with Napa Municipal Code Section 1.16.050. The city shall notify the responsible person in writing of the imposition of such costs and expenses, and in so doing shall set forth such costs and expenses with reasonable specificity.
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Notwithstanding the general references in this chapter to Chapter 1.16 of this code, this chapter is not intended to, and does not, establish any criminal liability for a violation of this chapter. A violation of this chapter shall be subject to all other enforcement methods identified in Chapter 1.16 of this code.
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