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ORDINANCE NO. O23-01
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE GLENDALE CITY CODE, CHAPTER 25 (NUISANCES),
BY ADDING ARTICLE X (NUISANCE PARTIES AND
UNLAWFUL GATHERINGS).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the Glendale City Code Chapter 25 (Nuisances), is amended by
adding Article X (Nuisance Parties and Unlawful Gatherings) and shall read as follows:
CITY CODE CHAPTER 25
ARTICLE X – NUISANCE PARTIES AND UNLAWFUL GATHERINGS.
Sec. 25-110 – Purpose.
(a) The City Council finds and determines that the control of nuisance parties on private
property is necessary when such continued activity is determined to be a threat to the
peace, health, safety or general welfare of the public. Often police and other first
responder response is required at a nuisance party in response to complaints of
disturbances, the need to disperse uncooperative participants, the need to enforce criminal
laws or city ordinances and/or the provision of other emergency services. The response of
police officers and other city personnel to a nuisance party location constitutes a drain of
personnel and resources which may leave other areas of the City without minimal levels
of police and public safety protections, all of which creates a significant hazard to the
safety of the police and other city personnel and to the public in general.
(b) The City Council finds and determines it is a public nuisance for any responsible
person(s), social hosts or property owners to permit, allow, or host an unlawful gathering
on residential property (or other private real property under his or her ownership or
control) where, spirituous liquor is served to, or is in the possession of, or consumed by,
any minor, or where illegal drugs are in the possession of, or consumed by, any person.
Sec. 25-111 - Definitions.
For the purpose of this article, the following terms shall have the meanings respectively ascribed
to them herein unless the context requires otherwise:
1. Illegal drugs shall have the same meaning as defined in A.R.S. § 13-3401.
2. Juvenile means a minor under the age of eighteen (18) years.
3. Minor means any person under the age of twenty-one (21) years.
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4. Owner means any property owner, as well as an agent of an owner acting on behalf of the
owner to control or otherwise regulate the occupancy of use of the property.
5. Premises mean the property that is the site of a nuisance party or an unlawful gathering.
For residential properties, a premise can mean the dwelling unit, units or other common
areas where the nuisance party or the unlawful gathering occurs.
6. Nuisance party means an assembly of persons for a social activity or for a special
occasion in a manner which constitutes a substantial disturbance of the quiet enjoyment
of private or public property. This includes, but is not limited to, excessive noise or
traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the
service of alcohol to minors, fights, disturbances of the peace and litter.
7. Police service fee means the fee as provided in Sec. 25-115 of this Article to offset the
cost of services provided by the Police Department in response to the nuisance party or
unlawful gathering.
8. Responsible person means any persons in attendance including any owner, occupant,
tenant, or tenant's guest or any sponsor, host or organizer of the social activity or special
occasion constituting the nuisance party or unlawful 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 unlawful gathering or nuisance party takes place if the persons in
attendance obtained use of the property through illegal entry or trespassing.
9. Special security assignment means the police services provided during any call-in
response to complaints or other information regarding nuisance party or unlawful
gatherings.
10. Spirituous liquor shall have the same meaning as defined in A.R.S. § 4-101(31).
11. Unlawful gathering means a party, gathering, or event where spirituous liquor is served
to, or is in the possession of, or consumed by, any minor, or where illegal drugs are in the
possession of, or consumed by, any person, regardless of whether it would otherwise
qualify as a nuisance party.
Sec. 25-112 - Nuisance party.
(a) When any Glendale police officer responds to any nuisance party and that police
officer determines that there is a threat to the public peace, health, safety or general
welfare, the Glendale police officer shall issue a written notice to any responsible
person(s). If the owner is not present the Glendale police officer shall also send a copy
of the written notice to the owner. The responsible person(s) will be assessed a police
service fee for special security assignments relating to nuisance parties as provided in
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Sec. 25-115. For second and subsequent violations within one hundred eighty (180) days
of the first response, the owner will also be assessed a police service fee for special
security assignments relating to nuisance parties as provided in Sec. 25-115. The police
officer or other police employee shall provide the notice of the violation to the
responsible person(s) and the owner in any of the following manners:
(1) Personal service to any responsible person(s) being cited at the nuisance party.
(2) As to the resident(s) of the premise, posting of the notice on the door of the
premises of the nuisance party.
(3) As to the owner, notification of the posting of the notice of the nuisance party
shall be mailed to the property owner at the address shown on the Maricopa
County property tax assessment records. Notification shall be made by certified
mail and regular mail. The return receipt will service as evidence of service.
(b) If, after written notice of the violation as provided in subsection (a), a second or
subsequent police response or responses is necessary to the same location or address for a
nuisance party within one hundred eighty (180) days of the first response, such response
shall be deemed a second response and subject to the police service fee as provided in
Sec. 25-115. If, after written notice of the violation as provided in subsection (a), a third
response is necessary to the same location or address for a nuisance party within one
hundred eighty (180) days of the second response, such response shall be deemed a third
response and subject to the police service fee as provided in Sec. 25-115.
(c) On any response to a nuisance party, the responsible person(s) or owners may be
assessed a fee commensurate with the next level fee for a nuisance party, if any of the
following factors are found:
(1) Minor in possession;
(2) Minor in consumption;
(3) Public urination or defecation;
(4) Indecent exposure;
(5) Public sexual indecency;
(6) Illegal drugs;
(7) Illegal dumping or littering;
(8) Obstruction of public thoroughfares;
(9) Weapons violations; or
(10) Felonious conduct.
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Sec. 25-113 - Unlawful gatherings.
(a) When any Glendale police officer responds to any unlawful gathering and that police
officer determines that there is a threat to the public peace, health, safety or general
welfare, the Glendale police officer shall issue a written notice to any responsible
person(s). The responsible person(s) will be assessed a police service fee for special
security assignments relating to unlawful gatherings as prescribed in Sec. 25-115.
(b) A police service fee may be imposed on any police response to an unlawful gathering.
For any first response, the responsible person may be eligible for substance use education
class in lieu of the police service fee assessment.
Sec. 25-114 - Fees, billing; and appeal.
(a) The police service fee for special security assignments arising out of nuisance parties
and unlawful gatherings shall be progressive depending on the number of repeat unlawful
gatherings and provided for in Sec. 25-115.
(b) The amount of such police service fees charged shall be deemed a joint and several
debt to the City of any and all responsible persons and owners, whether they received the
benefit of such special security assignment services or not. If the responsible person(s)
for the nuisance party or unlawful gathering is a juvenile, then the parents or guardians of
that juvenile will also be jointly and severally liable for the costs incurred for police
services. Any person owing money due for the police service fee shall be liable in an
action brought in the name of the City for recovery of such amount, including reasonable
attorney fees.
(c) For a first police response, if a responsible person is the person who owns the
property where a nuisance party or unlawful gathering takes place, the owner will not be
charged the police service fee unless:
(1) The owner was present at or had knowledge of the nuisance party or unlawful
gathering and took no reasonable action to prevent the nuisance party or unlawful
gathering; or
(2) If the owner had been sent a notice from the City that a nuisance party or
unlawful gathering had taken place on the premises, and a subsequent nuisance
party or unlawful gathering occurs within one hundred eighty (180) days of the
mailing of such notice to the owner; or
(d) The City does not waive its right to seek reimbursement for costs through any other
legal remedies or procedures.
(e) The Chief of Police or his designee shall cause appropriate billings for the special
security assignment to be made to the responsible person(s), which shall include the name
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and address of the responsible person(s), the date and time of the incident and the police
services performed, and such other information as may be desired.
(f) Any responsible person(s) who wishes to dispute the determination that they are liable
for the police service fee may appeal within ten (10) business days of the assessment of
the police service fee as indicated by the written notice imposing the fee by filing a
request for hearing with the city clerk's office. The hearing officer may waive part or all
of a police service fee charged against the owner of the property where a nuisance party
or unlawful gathering takes place if the owner provides proof that they did not have an
adequate period of time to prevent the nuisance party or unlawful gathering that triggered
the fee, or that they have taken reasonable action to prevent the occurrence of future
disturbances at the property.
(g) It is the responsibility of the responsible party to pay all fees due pursuant to this
article in a timely manner. Fees will be due upon receipt of billing and fees not paid
within thirty (30) days of initial billing shall be deemed delinquent.
(h) The Chief of Police may assign collections of fees prescribed under the terms of this
article to the City Budget and Finance Department.
Sec. 25-115 - Police service fee.
(a) Police service fee for special security assignments related to nuisance parties:
First response - $500.00
Second response - $1,250.00
Third response and each subsequent response - $2,500.00
(b) Police service fee or special security assignments related to unlawful gatherings:
First response - $500.00
Second response - $1,250.00
Third response and each subsequent response - $2,500.00
Sec. 25-116 - Unlawful for a responsible person to permit a nuisance party or unlawful
gathering, civil penalty.
(a) It shall be unlawful for a responsible person to permit either a nuisance party or
unlawful gathering.
(b) A violation of this section is a civil offense and shall be punished with a minimum
fine of $750 for a first offense and a minimum fine of $1,500 for second or subsequent
offenses within a year.
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Sec. 25-117 - Unlawful for an owner to permit a nuisance party or unlawful gathering after
notice, civil penalty.
(a) It shall be unlawful for an owner to permit either a nuisance party or unlawful
gathering if the owner was previously notified by the city that a nuisance party or
unlawful gathering had previously occurred within one hundred eighty (180) days on the
same premises.
(b) A violation of this section is a civil offense and shall be punished with a minimum
fine of $750 for a first offense and a minimum fine of $1,500 for second or subsequent
offenses within a year.
Sec. 25-118 - Other remedies.
Nothing in this article shall be construed as affecting the ability to initiate or continue concurrent
or subsequent criminal or civil prosecution for any violation of the provisions of this code or
state law arising out of the circumstances necessitating the application of this article.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 10th day of January, 2023.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager