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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 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 chapter 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.

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. (Ord. 1621 § 5, 2015: Ord. 1546 § 1 (part), 2010)