QUOTE
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Public Safety Sub-Committee
"UNLAWFUL ASSEMBLY"
What is it?
The California Penal Code Section 407 states: Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
When the unlawful activities of a group of people escalate to an unmanageable level, in the opinion of the law enforcement officers in charge, they may declare the gathering to be an "Unlawful Assembly" and order the group to disperse.
During holiday weekends the number of visitors at the Imperial Sand Dunes can be in the hundreds of thousands. Along with the influx of law abiding sand sport enthusiasts comes a small segment of people that are not law-abiding. In some cases they bring along their unlawful behavior, which includes a host of felonious acts, which can include, grand and petty theft, battery, assault with a deadly weapon and rape. Our sport is not unlike other forms of recreation or social gatherings that attract this unsavory segment of our society.
What precipitates the "Unlawful Assembly" call?
The "Unlawful Assembly" call is not something that law enforcement officers do without careful consideration of conditions and crowd dynamics. Officer and public safety is a prime consideration. The use of this law enforcement tactic at Oldsmobile Hill during the recent Halloween and Thanksgiving holiday was preceded by several unlawful acts such as swinging shovels at riders, throwing bottles, and a generally unruly crowd exhibiting no regard for other recreation enthusiasts. When "Gang-like" activity instills itself within the crowd the dynamic shifts from recreation to chaotic behavior. This requires immediate law enforcement action for the safety of everyone. This was not unique to Oldsmobile Hill. Similar activities were experienced at Buttercup Competition Hill on Thanksgiving. An "Unlawful Assembly" call was considered at Buttercup after tires were flattened on a Ranger vehicle. Gang-like activities were also observed at Ogilby and other areas of the ISDRA.
What California Penal Codes are used for enforcement of "Unlawful Assembly"?
Title 11 of the California Penal Code, identifies the elements and punishments for Crimes against the Public Peace. Complete information can be found with an Internet search at www.findlaw.com
Section 409 states: Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a Misdemeanor.
Section 416 states: (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.
ISDRA TRT PSSC 12/14/2006 Public Safety Sub-Committee
Steps are being taken by the law enforcement coalition.
Officers are being deployed early in the afternoon and evening to enforce the laws and rules of the ISDRA. An "Unlawful Assembly" is declared by a consensus of the on-site law enforcement coalition agency leadership of the Bureau of Land Management (BLM), Imperial County Sheriffs Office (ICSO), and San Diego County Sheriffs Office (SDCO). However, if required and in the absence of other agencies, the leadership of any individual law enforcement agency may make a declaration. A pinch point is set up on the Oldsmobile Sand Highway to assist in the process of dispersing the "Unlawful Assembly". These actions are taken to limit the build up of undesirable activities at popular evening gathering spots.
What can the Sand Sport enthusiast do to help?
Be aware of your surrounding conditions. Alert the law enforcement personnel of your observations. When you are requested to leave the area where an "Unlawful Assembly" has been declared, do not delay. As a law abiding sand sport enthusiast it is in your best interest to move through this area in an orderly fashion and leave the area. When individuals or groups attempt to circle back into an area after an "Unlawful Assembly" has been declared, it creates additional congestion and establishes the elements of "non-compliance" which can lead to more aggressive law enforcement tactics. Your direction of travel must be away from the law enforcement vehicles. Normally you will receive plenty of warning. Law enforcement vehicles will line up. Public address systems announcements will provide guidance, followed by law enforcement vehicle emergency lights and then sirens as the area is cleared. Don't delay because it is difficult for the law enforcement personnel to differentiate between you being slow to respond and someone that is unwilling to obey the dispersal order.
Why should you support Law Enforcement actions?
For the safety of you and your family it is important that the Sand Sport community cooperate and assist the law enforcement coalition. The use of curfews is discussed as a tactic in the Imperial Sand Dunes Recreation Area Management Plan. If unlawful nighttime activities continue to escalate at Oldsmobile and other popular gathering spots, law enforcement personnel may request an expansion of the Glamis Competition Hill holiday curfew. Our future, and the ability to enjoy this sport in the manner we are accustomed to, directly depends on each of us supporting the law enforcement coalition, acting in a responsible manner, and in being a good neighbor to the ISDRA.
ISDRA TRT PSSC 12/14/2006