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(d)Nothing in this section shall be construed to impose liability on a property owner <br />or responsible person for the conduct of persons who are present without the express or implied <br />consent of the property owner/responsible person as long as the property owner or responsible <br />person has taken reasonable steps, including but not limited to requesting police assistance to <br />exclude such uninvited participants from the property. Where an invited person engagesin <br />conduct which the property owner or responsible person could not reasonably foresee and the <br />conduct is an isolated instance of a person at the gathering violating the law which the property <br />owner or responsible person is unable to reasonably control without the intervention of the <br />police, the unlawful conduct of that person shall not be attributable to the property owner or <br />responsible person for the purposes of determining whether the gathering constitutes an unruly <br />gathering. <br />4-18-700Enforcement. <br />(a)Any citation issued for an unruly gathering as defined in Section 4-18-200(e)of <br />this Chapter shall be deemed to be prima facie evidence of a violation of theprovisions of this <br />Chapter for purposes of administrative enforcement. <br />(b)Any violation of this Chapter shall be a misdemeanor and is subject to criminal, <br />civil or administrative enforcement as provided in this Code. Each hour such violation is <br />committed or is permitted to continue shall constitute a separate offense and may be punishable <br />as such. <br />(c)Section 4-18-200(b)of this Chaptershall not be applicable to a property owner <br />when they do not reside or occupy the property where the unruly gatheringhas occurred and the <br />property owner is entitled to receive rent or other valuable consideration for the use of the <br />property. A property owner that meets the above conditions and continues to allow violations of <br />this chapter shall be guilty of an infraction and may be subject to civil or administrative <br />enforcement in accordance with Chapter 1-12of this Code. <br />(d)If administrative enforcement is initiated in accordance with Chapter 1-12, <br />penalties shall be assessed against all responsible persons, and individuals liable for the City’s <br />intervention to abate an unruly gathering pursuant to Section 4-18-300of this Chapter. <br />(1)Violation(s) of this Chapter will result in a penalty pursuant to Section 1-12-415 <br />of this Code. <br />(2)The administrative citationpenalties provided herein shall be in addition to any <br />other penalties imposed by law for particular violations of law committed during the course of an <br />unruly gathering. <br />(e)Once a police officer or other duly authorized city employee has determined there <br />has been a violation of this Chapter, the owner(s) of the property where the violation occurred <br />may be subject to administrative action for allowing a subsequent violation of this Chapter to <br />occur on the property, provided the property owner has receivednotice as required by Section 4- <br />18-500of this Chapter, and at least fourteen days have elapsed since the date the notice was <br />mailedto the property owner(s). The City may defer or delay administrative action against any <br />property owner who can demonstratedue diligence in preventing future unruly gatherings, such <br />as evicting those responsible for such gatherings. <br />4-18-800Collection of delinquent fines. <br /> <br />