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File Number: 18-322 <br />egregious violations, which would involve violations that would be public nuisances, or pose an <br />imminent or immediate danger of significant harm to persons or property could be subject to <br />summary abatement. However, the timing of summary abatement is substantially similar to the <br />code compliance timeline described above, in that it would involve the judicial process, including <br />court procedures and hearings. <br />Unruly Gatherings Ordinance <br />Staff also recommends that the City Council consider a regular ordinance at first reading to <br />address unruly gatherings on private property. This ordinance would consolidate for enforcement <br />purposes certain behaviors associated with unruly gatherings on private property that have been <br />the subject of numerous calls for service and complaints to the Police Department. <br />Unruly gatherings would be defined as follows: A gathering of twenty or more persons on private <br />property that results in conduct that causes a “substantial disturbance” of the quiet enjoyment of <br />private or public property in a significant segment of a neighborhood or presents a threat to the <br />health and safety of those in attendance, responding enforcement personnel, or occupants of <br />immediately adjacent properties. For purposes of the ordinance only, conduct that causes a <br />substantial disturbance would include, but would not be limited to a noise disturbance generating <br />three or more complaints in any four hour period, obstruction of public streets or rights-of-way by <br />people or vehicles, public drunkenness, unlawful possession of alcohol or drugs, serving alcohol <br />to minors, fights, disturbances of the peace, urinating or defecating in public, setting off fireworks, <br />vandalism, littering on public property or private property not belonging to the person responsible <br />for the gathering, the observed presence of persons on rooftop areas not designed for <br />occupancy, and throwing bottles or other objects or substances at law enforcement or any other <br />person. <br />Persons responsible for the unruly gathering would be jointly and severally liable for any <br />enforcement actions taken, which could include citations, all the way to misdemeanor <br />enforcement. Such persons could be the property owner, the person responsible for the <br />gathering, the parents or legal guardians of the person responsible if that person is a juvenile, and <br />any person found violating the unruly gathering ordinance. There would be an exception if the <br />property owner or person responsible for the unruly gathering had taken reasonable steps to <br />request the uninvited guests or persons responsible for the offending behavior to leave, including <br />making calls for service to the Police Department. <br />Previous Actions <br />Ordinance 2017-003 on March 17, 2017 codified the prohibition of short term rentals in <br />Accessory Dwelling Units (ADUs). The City Council previously held a work session to discuss the <br />issue of short term rentals on November 13, 2017. No consensus was reached and Council <br />directed staff to return with the item for further discussion at a future meeting. <br />Applicable General Plan Policies <br />Land Use 1.9 - Multi-Family Housing Upkeep. Maintain and enforce high standards of <br />property upkeep for existing and new multi-family rental housing development. <br />Page 4 City of San Leandro Printed on 7/17/2018