The city of Sunnyvale finds that there is a continuing and growing
problem with the unsupervised consumption of alcohol by persons under
the age of twenty-one, at places not open to the public, and that
there have been an increasing number of occurrences of public disturbances
resulting from unsupervised social gatherings involving the possession
and consumption of alcoholic beverages by large numbers of underaged
persons. These unsupervised alcohol parties often lead to incidents
of neighborhood disturbances, including vandalism, noise complaints,
aggressive behavior, dangerous operation of motor vehicles, and generally
result in a threat to the public peace, safety and welfare. The city
of Sunnyvale further finds that public disturbances resulting from
unsupervised alcohol parties require the department of public safety
to incur extraordinary costs, in terms of staffing and resources,
in responding and investigating such incidents. The purposes of this
chapter are to prohibit the unsupervised possession or consumption
of alcohol by persons under the age of twenty-one in places not open
to the public, to prohibit the hosting of alcohol parties involving
unsupervised, underaged persons in places not open to the public,
and to provide for the recovery of response costs by the department
of public safety.
(Ord. 2327-90 § 1)
No person under the age of twenty-one years shall have in his
or her possession or consume any alcoholic beverage at any place not
open to the public, unless that person is being supervised by his
or her parent or legal guardian.
(Ord. 2327-90 § 1)
No person shall suffer, permit, allow or host a social gathering
at his or her place of residence where ten or more persons under the
age of twenty-one are present and alcoholic beverages are in the possession
of, or are being consumed by, any person under the age of twenty-one
years.
(Ord. 2327-90 § 1)
Every person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable as set forth in Chapter 1.04 of this code.
(Ord. 2327-90 § 1)
(a)
When a public safety officer has determined that there is a threat to the public peace, safety or general welfare, as the result of a violation of Section 9.50.030, and a second response is necessary to preserve the public peace, safety or general welfare after a written warning has been issued to the person or persons responsible for the violation, the person or persons responsible for a violation of Section 9.50.030 shall be held liable for the costs of the second response by the department of public safety.
(b)
The public safety services fee shall include the cost of personnel and equipment used in making the second response for a violation of Section 9.50.030, based on the number of public safety personnel involved, the number and types of emergency equipment and vehicles used, and the time spent in making the second response, whether or not extraordinary costs, such as overtime, were incurred. The city does not waive its right to seek reimbursement for actual costs incurred through other legal remedies or procedures.
(c)
The director of public safety shall notify the director of finance in writing following each such performance of public safety services in connection with this chapter, and provide the name(s) and address(es) of the responsible person(s), the date and time of the incident, and the personnel and equipment utilized. The amount of such fee shall be deemed to be a debt to the city of the person or persons found to be in violation of Section 9.50.030; if said person or persons are less than 21 years of age, their parent(s) or guardian(s) shall be held liable for the payment of the public safety service fee.
(Ord. 2327-90 § 1)
