(1) "JUVENILE" means any person under the age of 18 years.

(2) "MINOR" means any person under the age of 21 years.

(3) "OWNER" means any owner, as well as any agent of an owner such as a landlord, acting on behalf of the owner, who controls or otherwise regulates the occupancy or use of the property.

(4) "PREMISES" means any private or public property that is the site of an Unruly Gathering. For residential properties, Premises can mean the dwelling unit, units, or other common areas where the Unruly Gathering occurs.

(5) "RESPONSIBLE PERSON" means any person in attendance at an Unruly Gathering including any Owner, occupant, tenant, or tenant’s guest or any sponsor, host or organizer of a social activity or special occasion or Owner that was aware of the social activity or special occasion constituting the Unruly Gathering, even if such person is not in attendance, or any Owner who had been notified that an Unruly Gathering had previously occurred on the same Premises within 180 days prior to a subsequent Unruly Gathering. If such a person is a Juvenile, the term "Responsible Person" includes, in addition to the Juvenile, the Juvenile’s parents or guardians. Responsible Person does not include Owners or persons in charge of Premises where an Unruly Gathering takes place if the persons in attendance obtained use of the Premises through illegal entry or trespassing. A person need not be present at the time of the party, gathering or event to be deemed responsible.

(6) "UNRULY GATHERING" means a gathering of 10 or more persons on any private or public property, including property used to conduct business, which constitutes a threat to the public peace, health, safety or general welfare including, but not limited to: excessive noise (meaning noise witnessed and reasonably evaluated by a police officer and/or by a code enforcement officer as disturbing the peace and quiet enjoyment of people working or living in the vicinity of the Premises), impeding traffic, obstruction of public streets by crowds or vehicles, use or possession of illegal drugs, drinking in public areas, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and/or littering.

(7) "UNRULY GATHERING NOTICE (NOTICE)" means a document identifying the Premises as the site of an Unruly Gathering in which a citation was issued and advising the Owner, occupants, guests or other persons entering the Premises that any future Unruly Gathering upon the Premises shall have additional consequences.

(1) When a police officer responds to any Unruly Gathering and that police officer determines there is a threat to the public peace, health, safety or general welfare, the police officer may issue a civil citation for Unruly Gathering to any Responsible Person. If the Responsible Person is the Owner and the Owner is not present and was not the sponsor, organizer or host of the event and the Owner had notice that an Unruly Gathering had occurred on the Premises within the prior 180 days, the Owner shall be charged with a civil citation.

(2) A police officer may abate an Unruly Gathering by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes and dispersing any remaining gathered participants. Any participant not a tenant on a lease document who fails to disperse may be deemed a Responsible Person and cited for Unruly Gathering.

(3) The police officer or other police employees shall provide an Unruly Gathering Notice to the Responsible Person(s) and/or Owner in any of the following manners:

(4) Upon request, the Owner must provide the names of any and all occupants listed on the leasing documents at any location where the Police Department responds to an Unruly Gathering.

(1) Consistent Premises. If, after receiving an Unruly Gathering Notice as provided in subsection (C)(3) of this section, a second or subsequent police response or responses is/are necessary to the same Premises for an Unruly Gathering within 90 days of the first response, such response(s) shall be deemed a second response and subject to the higher fines as provided in subsection (H) of this section. If, after written notice of the violation as provided in subsection (C)(3) of this section, a third response is necessary to the same Premises for an Unruly Gathering within 120 days of the second response, such response shall be deemed a third response and subject to the highest fines as provided in subsection (H) of this section.

(2) Consistent Responsible Person. If, after receiving an Unruly Gathering Notice as provided in subsection (C)(3) of this section, a second or subsequent police response or responses is necessary to any Premises involving the same Responsible Person for an Unruly Gathering within 90 days of the first response, such response shall be deemed a second response and subject to the higher fines as provided in subsection (H) of this section. If, after written notice of the violation as provided in subsection (C)(3) of this section, a third response is necessary to any Premises involving the same Responsible Person for an Unruly Gathering within 120 days of the second response, such response shall be deemed a third response and subject to the highest fines as provided in subsection (H) of this section.

(3) Once a Premises is initially posted as a result of an Unruly Gathering and the conduct causing the gathering to be unruly has ceased, a resumption of unruly behavior on the Premises resulting in another police response shall constitute a new and separate, yet cumulative, Unruly Gathering for purposes of this section.

(1) The Premises at which the Unruly Gathering occurs shall be posted with a Notice stating:

(2) Posting Requirements. Premises shall be posted with an Unruly Gathering Notice as provided in this section each time an Unruly Gathering occurs. The Owner, occupant or tenant of the Premises, if present, shall be advised as to the location in which such Notice is posted in order to achieve both the security of the Notice and its prominent display. The Unruly Gathering Notice shall be posted in a place visible upon inspection by a police officer during the prescribed period. In the event that the Premises are already posted at the time of a subsequent posting, the 90 day period from the date of the existing posting shall be extended an additional 120 days from the date of the subsequent posting.

(1) An Owner, occupant, or tenant of the posted Premises may contest the posting of the Notice by filing a written petition for a civil hearing in the City Municipal Court requesting that the court determine whether justification existed for posting of the notice under the provisions of this section. The petition must be filed within 10 days after the posting of the Notice or, if the Notice is given by mail, within 15 days after the postage date of the mailing of the Notice, and not thereafter. The court shall set a time and date for a hearing to be held no later than 15 days after receipt of the written petition and shall notify both the petitioner and the City Attorney of the hearing date. In order to avoid the possibility of conflicting rulings, if more than one petition is filed under this subsection relating to a single posting, for example by multiple lawful occupants of the posted Premises, the court shall set only one hearing and shall consolidate the petitions and notify all petitioners of the hearing date and time. At the hearing, the City has the burden of proving, by a preponderance of evidence, that the posting of the Notice was justified pursuant to the provisions of this section.

(2) An Owner of a posted Premises, at any time after the posting or the mailing of the Notice, may petition the City Municipal Court for an order directing the removal of the Notice on the grounds that the Owner has taken reasonable and necessary actions to prevent the occurrence of a subsequent Unruly Gathering at the posted location. The court shall set a time and date for a hearing to be held no later than 15 days after receipt of the petition and shall notify both the petitioner and the City Attorney of the hearing date. At the hearing, the petitioner has the burden of proving, by a preponderance of evidence, that the petitioner has taken reasonable and necessary actions to prevent the occurrence of a subsequent Unruly Gathering. This petition process is not available to an Owner who was present at the Unruly Gathering and engaged in conduct causing the gathering to be unruly.

(1) Civil Offense for Non-Owner as the Responsible Person. If the Responsible Person is convicted of an Unruly Gathering, the civil penalty shall be a minimum mandatory fine of $1,000 for a first violation. Additionally, if the Responsible Person for an Unruly Gathering has previously been convicted for an Unruly Gathering, regardless of the location of the prior violation in the City of Goodyear, the penalty shall be a minimum mandatory fine of $2,000 for a second violation, and a minimum mandatory fine of $2,500 for a third or subsequent violation.

(2) Civil Offense for Owner as the Responsible Person. If the Responsible Person is an Owner that was not present at the Unruly Gathering, was not aware of the social activity or special occasion constituting the Unruly Gathering, and was not an organizer, host or sponsor of the Unruly Gathering, but had been notified that an Unruly Gathering had previously occurred on the property within 180 days prior an Unruly Gathering, then the civil penalty shall be a minimum mandatory fine of $1,000 for a first violation, a minimum mandatory fine of $2,000 for a second violation, and minimum mandatory fine of $2,500 for a third or subsequent violation.