Ordinance No. 5096 - Unruly Gathering

ORDINANCE NO. 5096 
 
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, DECLARING THAT DOCUMENT ENTITLED “FULL REPEAL 
AND REPLACEMENT OF SECTION 11-16, PROVIDING A LOCATION FOR 
AN UNLAWFUL MINOR PARTY/GATHERING PROHIBITED, RETITLING 
SECTION 11-16 AS UNRULY GATHERING” TO BE A PUBLIC RECORD; 
AMENDING CHAPTER 11, CURFEW, GRAFFITI, SMOKING AND 
MISCELLANEOUS OFFENSES, BY REPEALING AND REPLACING 
SECTION 11-16 IN ITS ENTIRETY, RETITLING SECTION 11-16 AS 
UNRULY GATHERING; PROVIDING FOR THE REPEAL OF CONFLICTING 
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 
PENALTIES. 
 
WHEREAS, in May of 2015, the Chandler City Council adopted Ordinance No. 4642 amending 
Chandler City Code, Chapter 11, adding Section 11-16; Providing a Location for an Unlawful 
Minor Party/Gathering, also known as a social host ordinance; 
 
WHEREAS, the City of Chandler adopted Ordinance No. 4642 for the purpose of preventing and 
deterring underage drinking in the community by promoting social responsibility within the 
community and penalizing social hosting of parties that facilitated or allowed underage drinking; 
 
WHEREAS, the City Council now seeks to replace Ordinance No. 4642 with an unruly gathering 
ordinance that not only addresses underage drinking but all behaviors that threaten the peace, 
health, safety, or welfare of the general public; and 
 
WHEREAS, the City Council wishes to promote the safety of individuals attending gatherings 
held at private residences by assuring that responsible person(s) are held civilly and criminally 
responsible for such unruly gatherings that jeopardize the welfare of the community. 
 
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, 
as follows: 
 
Section 1. 
That certain document entitled “Full Repeal and Replacement of Section 11-16, 
Providing a location for an unlawful minor party/gathering prohibited, Retitling 
Section 11-16 as Unruly gathering,” one paper copy and one electronic copy of 
which shall remain on file in the office of the City Clerk, is hereby declared to be a 
public record. 
 
Section 2. 
That the Chandler City Code is hereby amended by adoption of the amendments 
set forth in, “Full Repeal and Replacement of Section 11-16, Providing a location 
for an unlawful minor party/gathering prohibited, Retitling Section 11-16 as Unruly 
gathering,” said document having been declared to be a public record.

Ordinance No. 5096 
Page 2  
Section 3. 
Providing for Repeal of Conflicting Ordinances. 
All ordinances or parts of ordinances in conflict with the provisions of this 
ordinance, or any parts hereof, are hereby repealed. 
Section 4. 
Providing for Severability.   
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is 
for any reason held to be invalid or unconstitutional by the decision of any court of 
competent jurisdiction, such decision shall not affect the validity of the remaining 
portions thereof. 
Section 5. 
Providing for Penalties 
Unless otherwise designated, a violation of this ordinance is a civil infraction 
subject to the provisions of Section 1-8.7 of the Chandler City Code. Any person 
who commits a violation which has been designated a civil infraction after 
previously having been found responsible for committing a civil infraction within 
any eighteen-month period, whether by admission, by payment of the fine, by 
default, or judgment after hearing, shall be guilty of a Class 1 misdemeanor and 
subject to the penalty provisions of Section 1-8 of the Chandler City Code. 
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, 
Arizona, this   
 day of  
 
 
 
 
, 2024. 
ATTEST: 
CITY CLERK 
MAYOR 
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ____ day 
of 
 
 
 
, 2024. 
ATTEST: 
CITY CLERK 
MAYOR 
CERTIFICATION 
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5096 was duly passed and 
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the  
 day of  
 
 
 
, 2024, and that a quorum was present thereat. 
CITY CLERK 
APPROVED AS TO FORM: 
CITY ATTORNEY 
Published:

Full Repeal and Replacement of Section 11-16, Providing a location for an unlawful minor 
party/gathering prohibited, Retitling Section 11-16 as Unruly gathering. 
{Public Record for Ordinance No. 5096} 
 
Chapter 11 of the Chandler City Code, Curfew, Graffiti, Smoking and Miscellaneous Offenses; 
Section 11-16, Providing a location for an unlawful minor party/gathering prohibited, is hereby 
repealed in its entirety, and replaced with Section 11-16 Retitled as, Unruly gathering, as follows: 
 
11-16 Unruly gathering.   
  
11-16.1  The City Council finds and determines it is a public nuisance for any Responsible 
Persons(s), social hosts or property Owner(s) to permit, allow or host an Unruly Gathering on 
residential property (or other private real property under his or her ownership or control) as defined 
herein.  
 
11-16.2  Definitions.  For this section, the following terms shall have the meanings respectively 
ascribed to them herein unless the context requires otherwise: 
 
1. Illegal Drugs means a drug or substance the possession and use of which is prohibited 
under Title 13 of the Arizona Revised Statutes.  The term does not include any drug or 
substance for which a person has a valid prescription issued by a licensed medical 
practitioner authorized to issue such a prescription or is otherwise authorized by law. 
 
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. 
 
4. Owner means any person or legal entity that owns a property or has charge, care or control 
of a property as a legal owner. 
 
5. Premises means any private or public property that is the site of an Unruly Gathering.  For 
residential properties, Premises may include the dwelling unit, units, or other common 
areas where the Unruly Gathering occurs. 
 
6. 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 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 
the 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.   
 
7. Spirituous Liquor shall have the same meaning as defined in A.R.S. § 4-101(38). 
 
8. Unruly Gathering means a gathering of 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 streets by crowds or vehicles, use 
or possession of Illegal Drugs, drinking alcohol in public areas, the service of alcohol to 
minors or consumption of alcohol by minors, fighting, disturbing the peace, and/or 
littering. 
 
11-16.3 
 Unruly gathering. 
 
1. It shall be unlawful for a Responsible Person to intentionally, knowingly, or recklessly 
permit an Unruly Gathering. 
 
2. On any response to an Unruly Gathering, the Responsible Person(s) in violation of this 
section may be charged with a Class 1 misdemeanor if any of the following are found or 
occur on the Premises or if the Owner had notice that an Unruly Gathering had previously 
occurred on the Premises within the prior one hundred and eighty days (180) days: 
 
i. Minor in possession of alcohol. 
ii. Minor in consumption of alcohol. 
iii. Illegal Drugs.  
iv. Any act designated a felony in the Arizona Revised Statutes; or 
v. Physical altercation(s) that result in injury. 
 
11-16.4 Unruly gathering response.  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 
who is not a resident of the Premises and who fails to disperse following a lawful order from a 
police officer pursuant to this section may be deemed a Responsible Person and cited for an Unruly 
Gathering.

11-16.5 Penalties.  Unless otherwise designated, a violation of this section is a civil infraction 
subject to the provisions of Section 1-8.7 of this Code. Any person who commits a violation which 
has been designated a civil infraction after previously having been found responsible for 
committing a civil infraction within any eighteen-month period, whether by admission, by 
payment of the fine, by default, or judgment after hearing, shall be guilty of a Class 1 misdemeanor 
and subject to the penalty provisions of Section 1-8 of this Code.