(a)
Law enforcement control of parties is necessary when such activity
is reasonably determined to be a threat to the peace, health, safety
or general welfare of the public.
(b)
Police officers have been required to make more than one return response
to a location of a party in order to disperse uncooperative and disorderly
participants, reduce noise, and eliminate public nuisances to the
community. The return of police officers to a location constitutes
a drain of law enforcement resources, often leaving other areas of
the city without minimal levels of police protection.
(c)
The unlawful consumption of alcoholic beverages, cannabis and controlled
substances by minors is harmful to the health, safety and welfare
of minors and the entire community. Further, cannabis is a Schedule
I controlled substance under the Controlled Substances Act, 21 U.S.C
§ 801 et seq., and its possession, without a valid prescription,
is illegal under federal law.
(d)
Imposing both criminal and financial liability on responsible persons
permitting a party constituting a public nuisance, including those
which allow for the unlawful consumption of alcoholic beverages, cannabis
or controlled substances by minors, constitutes a reasonable and effective
means to prevent these events and protect the health, safety and welfare
of the public.
(Ord. No. 2018-03R, § 2, 3-21-18)
For purposes of this article, the following definitions shall
apply:
means a liquid as defined in California Business and Professions
Code Section 23004, from whatever source or by whatever process produced,
including when diluted, mixed, or combined with other substances.
means a substance as defined in California Business and Professions
Code Section 26001(f), either alone or when mixed or combined with
any other substance.
means all narcotics or drugs, the possession or use of which
is illegal under the laws of the State of California as defined under
the Penal Code, Health and Safety Code, and all other related statutes.
means the salaries and benefits of police officers, fire
fighters or other city personnel for the amount of time actually spent
in responding to, or in remaining at, an event subject to this article;
the city administrative costs directly attributable to the event subject
to this article; the actual cost of any medical treatment provided
to city personnel injured during any event subject to this article;
and the actual cost of repairing any city equipment or property damaged
or lost as a result of an event subject to this article.
means the dispatch to or presence at a party subject to this
article of any number of law enforcement officials and related city
personnel.
means any person under 21 years of age.
means a person who is a biological parent, adoptive parent,
step-parent, foster parent or a guardian appointed by court order,
of a minor.
means a gathering of persons who have assembled for a social
purpose or event where an alcoholic beverage, cannabis or controlled
substance is furnished, consumed, sold, or possessed.
means: (1) the person or entity, other than a public agency,
who owns, rents, leases, or otherwise has control of the premises
where a party takes place; (2) the person(s) who organized or otherwise
makes the premises available for the party; or (3) a person who is
the parent or guardian of a minor in attendance at the party.
(Ord. No. 2018-03R, § 2, 3-21-18)
When a party occurs at any location, and a law enforcement official
determines that there is a threat to the public peace, health, safety
or general welfare as a result of such activity, after issuance of
a written warning, the responsible person shall be liable for the
cost of law enforcement services during any subsequent response to
the same party.
(Ord. No. 2018-03R, § 2, 3-21-18)
(a)
Except as permitted by state or federal law, no minor shall consume
in any place any alcoholic beverage.
(b)
A violation of this section shall constitute a misdemeanor punishable
by a fine of $1,000 or by imprisonment for a period of not to exceed
six months, or by both fine and imprisonment.
(Ord. No. 2018-03R, § 2, 3-21-18)
(a)
It is the duty of any responsible person to take all reasonable steps
to prevent the unlawful consumption of alcoholic beverages, cannabis
or controlled substances by a minor at a party. Reasonable steps include,
but are not limited to, controlling access to a party where such substances
are furnished; controlling access to alcoholic beverages, cannabis
and controlled substances at the location of the party; controlling
the quantity of alcoholic beverages, cannabis or controlled substances
present at the location of the party; verifying the age of all persons
in attendance at the party by inspecting drivers' licenses or other
government-issued identification cards; and supervising the activities
of minors in attendance at the party.
(b)
A responsible person shall not permit, allow, or host a party where a minor unlawfully consumes an alcoholic beverage, cannabis or controlled substance whenever that responsible person knows or reasonably should have known that a minor consumed or had access to such substances had the person taken all reasonable steps to prevent that consumption as set forth in subsection (a) of this section.
(c)
Whenever a responsible person is present at the premises at the time
the party takes place, where a minor unlawfully obtains, possesses,
or consumes any alcoholic beverage, cannabis or controlled substance,
it shall be prima facie evidence that such person had actual knowledge
or should have had the knowledge, that the minor obtained, possessed,
or consumed such substance in violation of this article.
(d)
A violation of this section shall constitute a misdemeanor punishable
by fine of $1,000 or by imprisonment for a period of not to exceed
six months, or by both fine and imprisonment.
(Ord. No. 2018-03R, § 2, 3-21-18)
(a)
The recovery of the cost of law enforcement services allowed for
in this article shall be in addition to all other applicable administrative,
civil or criminal fines and penalties which may be assessed against
the responsible person pursuant to state and local law and shall include
reasonable attorney fees and costs.
(b)
This article shall not limit the right of the city to seek reimbursement
for the costs of law enforcement services and any other related costs,
expenses or damages suffered as the result of a party, through other
legal remedies or procedures.
(c)
If the responsible person is under 18 years of age at the time of
the party, the parent or guardian of that person will be jointly and
severally liable to the city for the cost of law enforcement services
provided for in this article.
(Ord. No. 2018-03R, § 2, 3-21-18)
The procedure provided for in this article is in addition to
any other statute, ordinance or law, civil or criminal. This article
in no way limits the statutory authority of peace officers or private
citizens to make arrests for any criminal offense arising out of conduct
regulated herein.
(Ord. No. 2018-03R, § 2, 3-21-18)
This article, or any provision herein, shall not apply where
prohibited or preempted by state or federal law.
(Ord. No. 2018-03R, § 2, 3-21-18)
