A. The premises at which the unruly gathering occurs shall be posted with a notice stating that the intervention of the police has been necessitated by the occurrence of an unruly gathering at the premises. The notice shall state the date of the police intervention, and that any subsequent unruly gathering on the same premises within a one hundred and twenty (120) day period shall result in liability for the penalties provided for in this article. Parties liable include any persons in attendance causing the gathering to be unruly, or any owner, occupant or tenant of the premises at which the unruly gathering occurred, or any sponsor of the event constituting the unruly gathering.

B. Premises shall be posted with a notice as provided in this section each time an unruly gathering occurs. In the event that premises are already posted at the time of the subsequent posting, the one hundred twenty day period from the date of the existing posting shall be extended to one hundred twenty days from the date of the subsequent posting. Once premises are initially posted as a result of an unruly gathering and the conduct causing the gathering to be unruly has ceased, a resumption of unruly behavior on the premises resulting in another police response shall constitute a new and separate unruly gathering for the purposes of this article.

C. The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, moved, defaced or concealed. The removal, movement, defacement, or concealment of a posted notice shall be a civil infraction carrying a penalty of a minimum mandatory two hundred dollar ($200.00) fine, in addition to any other penalties which may be imposed under this article. The owner, occupant or tenant of the premises or sponsor of the event constituting the unruly gathering, if present, shall be consulted as to the location in which such notice is posted in order to achieve the security of the notice and to provide for its prominent display.

D. An owner, occupant or tenant of the posted premises may contest the posting of the notice by filing a written application for hearing with the Oro Valley Magistrate Court requesting that the court determine whether justification existed for posting of the notice under the provisions of this article. The application shall be filed within ten (10) days after the initial posting of the notice, or, if the notice is given by mail, within ten (10) days after mailing the notice, and in no circumstances thereafter. The court shall set a time and date for a hearing to be held not later than thirty (30) days after receipt of the written application for a hearing and shall notify both the applicant and the town prosecutor’s office of the hearing date. At the hearing, the Town shall prove by a preponderance of the evidence that the posting of the notice was justified pursuant to the provisions of this article. ((O)02-07, 03/20/2002)