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City of San Mateo Municipal Code.


(a) First Response. Upon a report of an unruly or potentially unruly gathering, a duly authorized officer or employee of the City may respond to the incident and make a preliminary determination as to whether the incident constitutes or may constitute an unruly gathering. If the officer or employee determines that the incident constitutes or may constitute an unruly gathering, the officer or employee may issue a written warning to the person apparently in charge of the gathering that contains information in substantial conformance to the following:

(1) The conduct of the gathering constitutes or may constitute an unruly gathering under the Municipal Code or State law; and

(2) Unless the conduct of the gathering is adjusted, the continuance at the level or in the manner determined may result in the arrest or citation of persons participating in the gathering; and

(3) If an officer or employee responds to the gathering again in order to seek the abatement of the conduct or manner of the gathering, the full costs to the City of that response or any further response may be charged to the owner, tenant or occupant of the property on which the gathering is occurring, as well as to the person in charge of the property and the person who organized the gathering.

(b) Second and Further Responses. If, after a first notice has been given as provided above, a duly authorized officer or employee of the City responds to a gathering that is then an unruly gathering, the officer or employee may take such further abatement steps as the officer or employee believes reasonable to abate the unruly gathering as provided by State and City laws. The response costs of those abatement steps may be compiled and reported to the City Manager for hearing and assessment of the response costs against the property owner as provided in Chapter 7.42.

(c) The issuance of an entertainment permit under Chapter 5.43 of this code shall constitute the issuance of a written warning for the purposes of this section, if the permit states on its face that the permittee is warned that the permittee shall be responsible for the costs of any emergency response if such response is required to abate an unruly gathering at the location for which the entertainment permit was issued. Accordingly, if an entertainment permit contains the warning stated herein, the permittee shall be liable under the provisions of this chapter for the costs of responding to and abating an unruly gathering at a permitted establishment if the abatement requires an emergency response.