The intent of this chapter is to address inadequate supervision
of parties and other types of events or gatherings of people on private
property resulting in loud and/or unruly behavior that constitutes
a threat to the peace, health, safety, and/or general welfare of the
public. This chapter is also intended to address the problem of hosts
of such gatherings who fail to ensure that alcoholic beverages are
not served to, possessed by, or consumed by underage persons. Hosts
of parties, gatherings or events will be more likely to properly supervise
or stop the consumption of alcohol by minors if they are held responsible
for enabling or tolerating such conduct.
(3972-4/13)
The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
means ethyl alcohol or hydrated oxide of ethyl from whatever
source or by whatever process produced.
means alcohol, spirits, liquor, wine, beer, and every liquid
or solid containing alcohol, spirit, wine, or beer, and which contains
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.
is the person who owns the property where the party, gathering
or event takes place; the person in charge of the premises and/or
the person who organized the event. If the host is a minor, then the
parents or guardians of that minor will be jointly and severally liable
for the fee incurred for police services.
means any person less than 18 years of age.
is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
means a person who is a natural parent, adoptive parent,
foster parent, or stepparent of another person, or a person who, under
court order, is the guardian of another person, or a public or private
agency with which a minor has been placed by the court.
means a group of persons who have assembled or are assembling
at a residence or other private property, whether such residence or
property is owned, leased, rented or used without compensation.
is the cost to the City of any special security assignment.
Such fee may be either a flat fee of $250 or an itemized fee based
on, but not limited to, salaries of police officers while responding
to or remaining at the party, gathering or event, the pro rata cost
of equipment, the cost of repairing City equipment and property, the
cost of any medical treatment of injured police officers.
means any of the following:
Any person or entity that owns, rents, leases, or otherwise
has control of a residence or other private property, including, without
limitation, a hotel/motel room or rented or leased area, where a party,
gathering or event occurs.
Any person or entity present at a party, gathering or event
who provides an alcoholic beverage to anyone under the age of 21 years.
Any person or entity present at a party, gathering or event
where unruly or loud conduct occurs and that receives money or other
consideration for granting access to the party, gathering or event,
or hosts, organizes, supervises, officiates, conducts or controls,
or willingly accepts responsibility for such a party, gathering or
event.
is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or
event after the distribution of a written notice to the host that
a fee may be imposed for costs incurred by the City for any subsequent
police response.
means any person less than 21 years of age.
includes the obstruction of streets by crowds of vehicles,
public drunkenness, public urination, service to, possession of or
consumption of alcoholic beverages by an underage person, assaults,
batteries or other disturbances of the peace, including, but not limited
to, vandalism, littering, throwing objects or spraying liquids into
streets, sidewalks or alleys, or other conduct that constitutes a
threat to public health, safety, or quiet enjoyment of residential
property or public property.
(2956-9/88, 3229-3/94, 3972-4/13, 4317-4/16/2024)
When any police officer responds to any large party, gathering
or event, and that police officer determines that there is a threat
to the public peace, health, safety, or general welfare, the police
officer shall issue a written notice to the host or hosts that a subsequent
response to that same location or address within a 30-day period,
such response or responses shall be deemed a special security assignment
rendered to provide security and order on behalf of the party, gathering
or event and that the host may be liable for a police services fee
as defined in this chapter.
(2956-9/88, 3229-3/94)
A.
If after a written notice is issued pursuant to Section 8.42.020, a subsequent police response or responses is necessary to the same location or address within a 30-day period, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter.
B.
The
amount of such fee shall be a debt owed to the City by the person
or persons warned, and if he or she is a minor, the debt shall be
owed by his or her parents or guardians. In no event shall the fee
be more than $1,000.00.
C.
The
City reserves its rights to seek reimbursement for actual costs exceeding
$1,000.00 through other legal remedies or procedures.
D.
The
subsequent response may also result in the arrest and/or citation
of violators of the State Penal Code or other regulations, ordinances
or laws.
(2956-9/88, 3229-3/94)
A.
It is unlawful and a public nuisance for a responsible person or
host to cause or allow unruly or loud conduct at a party, gathering
or event to occur at any residence or other private property if the
responsible person or host knows or reasonably should know that unruly
or loud conduct is occurring. A responsible person or host shall be
presumed to have knowledge that unruly or loud conduct was occurring
at a party, gathering or event if the responsible person or host did
not take all reasonable steps to prevent such activity from occurring.
Reasonable steps include, but are not limited to, monitoring the responsible,
safe and lawful conduct of all persons attending the party, gathering
or event.
B.
It is unlawful and a public nuisance for a responsible person or
host to cause or allow a party, gathering or event to occur at any
residence or other private property at which any underage person is
being served, is in possession of, or is consuming an alcoholic beverage,
if the responsible person or host knows or reasonably should know
that an underage person is being served, is in possession of, or is
consuming an alcoholic beverage. A responsible person or host shall
be presumed to have knowledge that an underage person was being served,
was in possession of, or was consuming an alcoholic beverage at a
party, gathering or event if the responsible person or host did not
take all reasonable steps to prevent such activity from occurring.
Reasonable steps include, without limitation: controlling the access
to and serving of alcoholic beverages to underage persons, and monitoring
the responsible, safe and lawful conduct of underage persons.
C.
A responsible person or host need not have been issued a prior warning
in order to be subject to the penalties for violation of this section.
(3972-4/13, 4317-4/16/2024)
This chapter shall not apply to, nor be construed to apply to,
any of the following:
A.
A responsible
person or host who takes all reasonable steps, including, but not
limited to, requesting assistance of law enforcement, to exclude all
uninvited persons at a gathering who provide, serve or facilitate
the possession of consumption of alcohol by an underage person.
B.
Conduct
protected under the United States and/or California Constitution,
including, but not limited to, religious activities protected by Article
I, Section 4 of the California Constitution.
C.
Conduct
regulated by state and/or federal law or regulation, including, but
not limited to, the California Alcoholic Beverage Control Act, in
such a manner that the City is preempted or precluded from imposing
additional regulation.
(3972-4/13)
A.
For
any responsible person or host who is a juvenile, each parent and/or
legal guardian of the juvenile shall be considered a responsible person(s)
liable for any fines, penalties and fees imposed pursuant to this
chapter.
B.
Each separate violation of Section 8.42.031 shall be subject to the issuance of a civil citation to each responsible person and host. Each separate violation shall, in addition to any police services fee that may be assessed pursuant to this chapter, be subject to the following administrative fines:
1.
For
a first violation, an administrative fine shall not exceed $750.00.
2.
For
a second violation within a 12-month period, an administrative fine
shall not exceed $1,500.00.
3.
For
a third violation, or any subsequent violation thereafter, within
a 12-month period, an administrative fine shall not exceed $3,000.00.
(3972-4/13)
The Police Chief shall notify the City Treasurer in writing
of the performance of a special security assignment and/or administrative
fees imposed pursuant to this chapter, of the name and address of
the responsible person or persons, the date and time of the incident,
the services performed, the costs thereof and such other information
as may be required. The City Treasurer shall thereafter cause appropriate
billings to be made.
(2956-9/88; 3972-4/13)
An administrative appeal of a police service fee and/or administrative
fines imposed pursuant to this chapter, may be made to the Police
Chief or designee within 10 business days from the date of mailing
of the billing. The request for a hearing shall be in writing and
addressed to the Police Chief and shall include a copy of the billing
and grounds for the appeal.
(3229-3/94, 3972-4/13)
