The city council of the city of Moreno Valley finds, determines and declares that this chapter has been enacted based upon the following facts and beliefs:
A. 
Loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by, or in the possession of, underage persons, are harmful to the underage persons themselves and a threat to the public health, safety or quiet enjoyment of residential property and the general welfare.
B. 
This chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of youth and other residents of the city by making possession or consumption of alcoholic beverages and underage drinking at unruly gatherings unlawful and to facilitate the enforcement of laws prohibiting the service to, consumption by, or possession of alcoholic beverages by underage persons. The imposition of an administrative citation upon social hosts and/or landowners who allow such loud or unruly gatherings to occur on their premises, at their residences, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of underage persons is reasonable and necessary.
C. 
This chapter is intended to protect the public health, safety, quiet enjoyment of residential property, and the general welfare, and to hold accountable persons who actively or passively aid, abet or allow loud or unruly gatherings. Such persons will be held liable for the nuisances created by such gatherings and subject to the administrative penalties and costs associated with responding to unruly parties.
(Ord. 792 § 1, 2009)
For the purpose of this chapter, certain words and phrases used herein are defined as follows:
"Alcoholic beverage"
shall mean alcohol spirits including, but not limited to, liquor, wine, beer, and every liquid or solid containing alcohol spirits of liquor, wine or beer, and which contain one-half of one percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.
"Loud or unruly gathering"
shall mean a party or gathering of four or more persons at a residence, or on other private property, or rented public property, upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes, but is not limited to:
1. 
Excessive noise;
2. 
Excessive traffic;
3. 
Obstruction of public streets and/or presence of persons in the street causing a hazard to self and others;
4. 
Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;
5. 
Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. 
Vandalism;
7. 
Litter; or
8. 
Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare of others.
"Underage person"
shall mean any person less than 21 years of age.
(Ord. 792 § 1, 2009)
It is unlawful for a person to conduct or allow a loud or unruly gathering where alcohol is served to, consumed by, or in the possession of, any underage person, or persons at a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a house party, or other social function, and whether owned, leased, rented, or used without compensation.
(Ord. 792 § 1, 2009)
A. 
Before taking any enforcement action under this chapter, a law enforcement officer shall determine that the following exists:
1. 
An underage person is consuming, possessing or being served alcohol;
2. 
Someone is hosting the event; and
3. 
The party is/was loud or unruly.
B. 
The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no defense is present or applicable. A violation may not necessarily result in a citation when a true emergency occurs at a gathering where the host or responsible person self-initiated a call for emergency services.
C. 
Each violation of the provisions of this section shall constitute a separate offense.
D. 
A law enforcement officer may issue a citation to any persons found to be in violation of this chapter.
(Ord. 792 § 1, 2009)
In addition to the filing of a criminal action as set forth in Section 11.90.040, loud or unruly gatherings are hereby declared to be a public nuisance and may be abated in accordance with Chapter 6.04 of this code. In any action or proceeding to enforce this chapter, the city may collect the costs of enforcement as set forth in Section 6.04.120 of this code.
(Ord. 792 § 1, 2009)