"Alcohol"
shall have the meaning given to that term under State law.
"Alcoholic beverage"
shall have the meaning given to that term under State law.
"Assemblage"
means a party, gathering, or event of five or more persons of which two or more are Minors at or on a Residence or Other Private Property at which loud or unruly conduct occurs. Such loud or unruly conduct includes, but is not limited to: excessive noise, excessive traffic, obstruction of public streets, public drunkenness or unlawful public consumption of Alcohol or Alcoholic Beverages, service to, possession or consumption of Alcohol or Alcoholic Beverages by any minor, except as permitted by State law, assaults, batteries, fights, domestic violence, or other disturbances of the peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property, or general welfare.
"Enforcement officer"
means those City employees designated by the Community Development Director and all peace officers providing law enforcement services in the City of Lompoc.
"Minor"
means any person under the age of 21 years.
"Residence or other private property"
means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, office, warehouse, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, or used to host a party or other social function, and whether owned, leased, rented, or used with or without compensation.
"Responsible person"
includes, but is not limited to: (1) the person(s) who owns, rents, leases, or otherwise has control or right of possession of the Residence or other private property where the Assemblage takes place; (2) the person(s) in charge of the premises; (3) the person(s) who organized, supervised, officiates, conducts, or controls the Assemblage; (4) the person(s) receiving money or other consideration for granting access to the Assemblage; or (5) any other person(s) who accepts responsibility for such an Assemblage.
"Response costs"
means the costs associated with responses by law enforcement, fire, and other emergency response providers to Assemblages, including, but not limited to:
1. 
Salaries and benefits of law enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an Assemblage, and the administrative costs attributable to such response(s);
2. 
The cost of any medical treatment to, or for any law enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of an Assemblage;
3. 
The cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an Assemblage.
(Ord. 1567(10) § 1)
A. 
The Responsible Person shall take all reasonable steps to prevent the consumption of Alcohol or Alcoholic Beverages by any Minor at an Assemblage. Reasonable steps include, but are not limited to: (1) controlling access to Alcohol or Alcoholic Beverages; (2) controlling the quantity of Alcohol or Alcoholic Beverages; (3) verifying the age of each person attending the Assemblage by inspecting each person's driver's license or other government-issued identification card; and (4) supervising the activities of Minors at the Assemblage. It is unlawful for a Responsible Person to fail to take reasonable steps to prevent a Minor from consuming Alcohol or Alcoholic Beverages at an Assemblage.
B. 
It is unlawful and a public nuisance for any Responsible Person to knowingly host or allow an Assemblage to continue when the Responsible Person knows, or reasonably should know, if the person had taken all reasonable steps as required in Subsection A of this Section, that a Minor has obtained, possesses or is consuming Alcohol or Alcoholic Beverages.
C. 
This section shall not apply to the extent such conduct: (1) is permitted under Article 1, Section 4 of the California Constitution or otherwise under California law; (2) is permitted under the 1st and 14th Amendment of the United States Constitution; (3) involves the use of Alcohol or Alcoholic Beverages which occurs exclusively between a minor and his or her parent or legal guardian; or (4) occurs at any location or place regulated by the California Department of Alcohol and Beverage Control.
(Ord. 1567(10) § 1)
Any Enforcement Officer shall have the authority to issue an administrative citation for violation of Section 9.40.020 on the Responsible Person(s) for the Assemblage. The citation shall be personally served on or mailed by certified mail to the Responsible Person(s). If the Enforcement Officer is unable to immediately identify the Responsible Person(s), then a notification of maintenance of a public nuisance property shall be mailed by certified mail to the owner(s) of the property as identified on the tax assessor's roll pursuant to Section 9.40.080.
(Ord. 1567(10) § 1)
A. 
The City shall have the power to abate the public nuisances in any manner that is provided for in this Code or State or Federal law, either in law or equity.
B. 
Fines.
1. 
A first violation of Section 9.40.020 shall be punishable by a $300.00 fine; provided, that in the discretion of the hearing examiner, Responsible Person(s) who are first-time offenders of this Chapter may be eligible to participate in a diversion program including community service, teen court, and/or alcohol rehabilitation or awareness programs.
2. 
A second violation of Section 9.40.020 at the same address, or by the same Responsible Person at another private property, within 12 months after the first violation shall be punishable by a $700.00 fine.
3. 
A third or subsequent violation of Section 9.40.020 at the same address, or by the same Responsible Person at another private property, within 12 months after the second or most previous violation shall be punishable by a fine of $1,000.00.
C. 
The second, third, or subsequent violation fines prescribed at Subsections (B)(2) and (B)(3), when the violation is at the same address, are payable whether or not the Responsible Person at the time of the current Assemblage is the same person who was the responsible person for any prior Assemblage at those premises.
D. 
The fine schedule prescribed in Subsection B is a "rolling schedule," meaning that in calculating the fine payable, the City shall count backward starting from the date of the most recent Assemblage to determine how many prior Assemblages have taken place at the Residence or Other Private Property in question during the 12-month period.
E. 
The amount of the fine shall be deemed a valid debt owed to the City by the Responsible Person(s) for the Assemblage and, if under the age of 18, their parents or legal guardians.
F. 
The fines prescribed for a violation of Section 9.40.020 are in addition to any response costs that may be assessed pursuant to this Chapter.
(Ord. 1567(10) § 1)
Violations of Section 9.40.020 may be prosecuted as misdemeanors punishable by a fine of not more than $1,000.00 or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. At the discretion of the charging officer and/or City Attorney, violations of Section 9.40.020 may also be charged as infractions as defined in Section 19(c) of the California Penal Code. Violations charged as infractions shall not be subject to imprisonment and shall be subject to a fine not exceeding $500.00 for each offense. If a police officer elects to charge a violation of this Chapter as a criminal violation, such officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. Alternatively, the City Attorney may prosecute violations of this Chapter by filing a criminal complaint.
(Ord. 1567(10) § 1)
A. 
Any person who violates Section 9.40.020 shall be subject to the civil penalties provided for in Section 9.40.040 and shall also be subject to the administrative appeal procedures set forth below.
B. 
Any person upon whom a civil penalty is imposed pursuant to Section 9.40.040 may appeal such civil penalty pursuant to the procedures set forth in this Section.
C. 
An appeal of a civil penalty imposed for violations of Section 9.40.020 shall be heard by a person appointed by the City Manager to act as the hearing examiner. In reviewing the penalty, the hearing examiner shall consider all facts relating to the issuance of the citation and the reasons therefore and shall uphold the penalty imposed, eliminate the penalty, or modify it. The decision of the hearing examiner shall constitute the final administrative order or decision of the local agency within the meaning of Government Code Section 53069.4(b)(1).
D. 
The hearing examiner shall serve a copy of his or her written decision on the appellant by first class mail to the address provided by appellant in the written notice of appeal.
(Ord. 1567(10) § 1; Ord. 1673(20) § 29)
Any person aggrieved by a final administrative order or decision imposing a civil penalty may seek review with the Superior Court in Santa Barbara County pursuant to Government Code Section 53069.4.
(Ord. 1567(10) § 1)
Any Enforcement Officer who determines that a violation of Section 9.40.020 of this Chapter has occurred, shall have authority to direct the Responsible Person(s) for the Assemblage to disperse the Assemblage immediately, or if the Enforcement Officer is unable to identify immediately the Responsible Person(s), to command all those attending the Assemblage to disperse immediately.
(Ord. 1567(10) § 1)
When a response pursuant to this Chapter occurs, the senior peace officer at the scene, in addition to the issuance of any citation, administrative fine, or arrest that he or she may feel is appropriate, shall: (1) notify the Responsible Person(s) for the Assemblage either verbally or in writing that such person(s) shall be held personally liable, jointly and severally, for the City's cost of providing any follow-up or additional police response during the next 12 months for violation of Section 9.40.020 of this Chapter; or (2) if the Enforcement Officer is unable to identify immediately the Responsible Person(s), mail such notification by certified mail to the owner(s) of the property as identified on the tax assessor's roll.
(Ord. 1567(10) § 1)
When any Enforcement Officer responds to an Assemblage at a Residence or Other Private Property within the City within a 12-month period of a warning given to a Responsible Person(s) pursuant to Section 9.40.100, such response shall be deemed to be a special security assignment over and above the normal police services. All Responsible Persons shall be jointly and severally liable for the City's response costs for that response and all subsequent responses during the 12-month warning period.
(Ord. 1567(10) § 1)
The response costs shall be computed and a bill shall be submitted to the Responsible Person(s). The City Manager shall promulgate notice and billing procedures for this purpose. The amount of the response costs shall be deemed a valid debt owed to the City by the Responsible Person(s) for the Assemblage and, if under the age of 18, their parents or legal guardians, who will be jointly and severally liable for any penalties and response costs imposed pursuant to this Chapter. If any amount remains unpaid after reasonable and practical attempts have been made by the City to obtain payment, it may be collected in any manner authorized by law and any person owing such fees shall be liable in an action brought in the name of the City for recovery for such fees, together with any penalties and charges related to nonpayment including, without limitation, reasonable attorney fees, including fees from the City Attorney's Office.
(Ord. 1567(10) § 1; Ord. 1673(20) § 42)
Nothing in this Chapter shall be construed as a waiver by the City of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this Chapter is in addition to any other statute, ordinance or law, civil or criminal. This Chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Chapter.
(Ord. 1567(10) § 1)
The remedy provided under this Chapter is cumulative, and shall not restrict the City to any other remedy to which it is entitled under law or equity. Nothing in this Chapter shall be deemed to preclude the imposition of any criminal penalty under State law or this Code. Nothing in this Chapter shall be deemed to conflict with any penalty or provision under State law, or to prohibit any conduct authorized by the State or Federal constitution.
(Ord. 1567(10) § 1)