A.
The
city council of the city of Crescent City, under the city's police
powers, has the authority to enact and enforce laws that promote the
public health, safety and general welfare of its residents. The occurrence
of social gatherings on private property where alcoholic beverages
are served to or consumed by underage persons is harmful to the underage
persons involved, and a threat to public health and safety, to the
quiet enjoyment of residential property, and to the general welfare.
Underage persons often obtain alcoholic beverages at private residences
or at rented residential and commercial premises that are under the
control of a person who knows, or should know, of the underage consumption
of alcohol.
B.
The
city council finds that in too many cases persons having possession
or control of private property and who are responsible for social
gatherings on that property have failed to ensure that alcoholic beverages
are neither served to, nor consumed by, underage persons at these
gatherings. The city council further finds that problems associated
with social gatherings where alcoholic beverages are served to or
consumed by underage persons are difficult to prevent and deter unless
law enforcement personnel have the legal authority to direct the host
to disperse the gathering and to cite the responsible persons.
C.
Law
enforcement personnel have in the past been required to respond to
unruly gatherings on private property at which alcoholic beverages
are served to or consumed by underage persons. These calls for service
result in a disproportionate expenditure of public safety resources
and delay official responses to other calls in the rest of the city.
D.
An ordinance
that imposes liability on property owners and other responsible persons
for gatherings that allow underage drinking is necessary to deter
and prevent such gatherings. Persons who actively or passively aid,
allow, or tolerate such gatherings should be held liable for permitting
such gatherings, the nuisances created by them, and the costs associated
with responding to them.
E.
The
purposes of this chapter include protecting the public health, safety
and welfare by deterring the service to, and consumption of, alcoholic
beverages by underage persons and by reducing the costs to the public
of providing law enforcement response services to unruly gatherings
and gatherings of underage persons where alcohol is served, both in
terms of monetary costs and availability of law enforcement personnel
for other calls.
F.
These
purposes are implemented by the imposition of criminal penalties for
social hosts as well as the imposition of administrative penalties
for social hosts and landowners (including landlords) and the imposition
of fees to recover the costs incurred by the city in providing law
enforcement responses to gatherings where alcohol is served to, or
consumed by, underage persons at properties where previous such gatherings
have required law enforcement responses.
G.
For
these reasons, the city council declares that gatherings on private
property where alcoholic beverages are served to, or consumed by,
underage persons are a threat to the public peace, health, safety,
and general welfare, and a public nuisance because they affect at
the same time the entire community as well as the neighborhoods in
which they occur.
(Ord. 776 § 2, 2013)
For the purposes of this chapter, the following definitions
shall apply:
The definition of "alcohol" in Section 23003 of the California
Business and Professions Code, as amended from time to time, applies
to this chapter as though restated here in full. As of the introduction
of this chapter, Section 23003 defined "alcohol" to mean "ethyl alcohol,
hydrated oxide of ethyl, or spirits of wine, from whatever source
or by whatever process produced."
The definition of "alcoholic beverage" in Section 23004 of
the California Business and Professions Code, as amended from time
to time, shall apply to this chapter. As of the introduction of this
chapter, Section 23004 defined "alcoholic beverage" to mean "alcoholic
beverage includes alcohol, spirits, liquor, wine, beer, and that contains
one-half of one percent or more alcohol by volume and that is fit
for beverage purposes either alone or when diluted, mixed or combined
with other substances."
means the city of Crescent City.
means any person under the age of eighteen years.
means the costs associated with responses by law enforcement
to unruly and underage gatherings including but not limited to:
Salaries and benefits of law enforcement personnel for the amount
of time spent responding to, remaining at, or otherwise dealing with
unruly or underage gatherings, and the administrative costs attributable
to such response(s);
The cost of any medical treatment to or for any law enforcement
personnel who are injured responding to, remaining at, or leaving
the scene of, an unruly or underage gathering;
The cost of repairing any city equipment damaged, and the cost
of the use of any such equipment, in responding to, remaining at,
or leaving the scene of, an unruly or underage gathering; and
Any costs recoverable under California Civil Code Section 1714.9.
means a person or persons with a right of possession or control
of the residence or other private property in the city at which an
underage or unruly gathering may occur, including, but not limited
to, the following:
Any owner of the residence or other private property, meaning
the record owner of the title to property as of the time of the underage
or unruly gathering, wheresoever that person or entity may currently
reside;
A tenant or lessee, including a sub-tenant or sub-lessee, of
the residence or other private property;
A person who rents a room or unit in any hotel, motel, rooming
house, or other temporary lodging;
The person(s) exercising control over the residence or other
private property at the time of the underage or unruly gathering;
and
The person(s) organizing, supervising, officiating, conducting
or controlling the underage or unruly gathering or any other person(s)
accepting responsibility for such gathering. That person need not
be personally present at the gathering to be a responsible person.
means a party or gathering of two or more persons at a residence
or other private property in the city at which alcoholic beverages
are being consumed by any underage person.
means any person under the age of twenty-one years.
means a party or gathering of two or more persons at a residence
or other private property in the city:
At which alcoholic beverages are being consumed by any underage
person, and
When that party or gathering is being conducted in such a manner
as to constitute a substantial disturbance of the quiet enjoyment
of private or public property in a significant segment of a neighborhood,
and
The substantial disturbance is a result of conduct constituting
a violation of law. "Violation of law" for purposes of this definition
includes, but is not limited to:
Excessive noise, excessive traffic, obstruction of public streets
by crowds or vehicles;
Public drunkenness or unlawful public consumption of alcohol
or alcoholic beverages;
Assaults, batteries, fights, domestic violence, or other disturbances
of the peace;
Vandalism, littering; and
Any other conduct that constitutes a threat to public health,
safety, and quiet enjoyment of residential property or general welfare.
(Ord. 776 § 2, 2013)
A.
It is
the duty of responsible persons not to knowingly host, permit, or
allow an underage or unruly gathering at a residence or other private
property in the city and to take all reasonable steps to prevent the
consumption of alcoholic beverages by any underage person at gatherings
at such residence or other private property.
B.
Reasonable
steps required pursuant to this section include, but are not limited
to:
1.
Controlling
access to alcoholic beverages at the gathering;
2.
Verifying
the age of persons attending the gathering by inspecting drivers'
licenses or other government-issued identification cards to ensure
that underage persons do not consume alcoholic beverages while at
the gathering; and
3.
Supervising
the activities of underage persons at the gathering.
(Ord. 776 § 2, 2013)
A.
It is unlawful and a public nuisance for any responsible person to knowingly host, permit, or allow an underage or unruly gathering to occur on private property in the city concerning which the responsible person has a right of possession, as defined in sections 1.04.010 and 1.24.020(g), where at least one underage person consumes an alcoholic beverage and the responsible person is aware or reasonably should have been aware an underage person has consumed an alcoholic beverage at such gathering had the responsible person taken all reasonable steps to prevent consumption of alcoholic beverages by underage persons.
B.
Violation
of this section by any responsible person is subject to the criminal,
civil and/or administrative penalties set forth in this chapter, in
addition to recovery of response costs in accordance with this chapter,
and any other penalties under applicable law.
C.
It is
prima facie evidence that the responsible person knew or should have
known of both the underage or unruly gathering and the consumption
of alcoholic beverages by underage persons at the gathering if the
responsible person is present on the property at any point during
the gathering.
(Ord. 776 § 2, 2013)
This chapter does not apply to conduct involving the use of
alcoholic beverages that is protected by Article I, Section 4 of the
California Constitution.
(Ord. 776 § 2, 2013)
In the event that a juvenile hosts an unruly or underage gathering
at a residence or other private property in the city in violation
of this chapter, the parents or guardians of that juvenile are jointly
and severally liable for any penalties and response costs imposed
pursuant to this chapter.
(Ord. 776 § 2, 2013)
A.
Violations
of this chapter may be prosecuted as misdemeanors punishable by a
fine of not more than one thousand dollars or by imprisonment for
a period not to exceed six months, or by both such fine and imprisonment.
B.
At the discretion of the charging officer and/or the city attorney, violations of this chapter may also be charged as infractions. Infractions are not subject to imprisonment and are subject to a fine for each offense as set forth in Chapter 1.16 of this Code.
C.
If a
law enforcement officer elects to charge a violation of this chapter
as a criminal violation, such officer must issue a criminal citation
with a notice to appear, signed by the alleged violator.
D.
Alternatively,
the city may prosecute violations of this chapter by filing a criminal
complaint.
(Ord. 776 § 2, 2013)
B.
Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to person or property, or to public health, welfare or safety, such violation or condition may be abated in accordance with Chapter 8.08.
C.
Each
and every day during any portion of which a nuisance condition exists
or continues may be deemed a separate and distinct violation for purposes
of setting the amount of penalty to be imposed. Any penalty imposed
will accrue on daily basis from the date the penalty becomes effective
until the violation is abated.
(Ord. 776 § 2, 2013)
In addition to the other remedies specified in this chapter,
the city expressly reserves the right to utilize enforcement remedies
available under any applicable state or federal statute or pursuant
to any other lawful power of the city. All such remedies are alternative
to or in addition to or in conjunction with, and not exclusive of,
one another. The election of remedies is at the sole discretion of
the city.
(Ord. 776 § 2, 2013)
A.
When
law enforcement personnel make an initial response to an underage
or unruly gathering at a residence or other private property within
the city, and an officer issues a citation for violation of this chapter,
the officer must, in writing, inform any responsible person(s) at
the property:
B.
This
warning will be given to all identified responsible persons at the
time of the first response to an unruly or underage gathering where
a citation is issued for violation of this chapter before assessing
response costs pursuant to this section for subsequent responses within
a twelve-month period following issuance of the citation. Within thirty
calendar days of the initial citation, an additional written warning
must be transmitted via certified mail to the record owner of the
residence or private property as shown in the records of the county
assessor's office.
C.
When
a law enforcement officer responds to an underage or unruly gathering
at a residence or other private property within the city within twelve
months of a citation and warning given to responsible person(s) at
the same property, and such officer issues a second or subsequent
citation pursuant to this chapter, all responsible persons shall be
jointly and severally liable for the city's response costs concerning
such second or subsequent underage or unruly gathering, but only to
the extent that such responsible person(s) concerning the first citation
at such property remain responsible person(s) for the second or subsequent
citation at such property.
(Ord. 776 § 2, 2013)
Any administrative penalty imposed for violation of this chapter,
including any administrative penalties pursuant to other codes or
statutes to which violations of this chapter are subject, and any
administrative costs or other expenses of enforcement, response costs
as defined in this chapter, and the cost or expenses associated with
the abatement of a nuisance condition pursuant to this chapter, may
be enforced by the recordation of a lien or special assessment on
the real property where the violation occurred with and subject to
the requirements of section.
(Ord. 776 § 2, 2013)
A responsible person charged with violation of this chapter is entitled to pursue the appeal procedures set forth in Chapter 1.24 for responsible persons named in notices of violations.
(Ord. 776 § 2, 2013)
This chapter is not intended to impose and must not be construed
or given effect in a manner that imposes upon the city or any officer,
employee, agent, or representative of the city, a mandatory duty of
care toward persons or property within or without the city limits,
so as to provide a basis of civil liability for damages.
(Ord. 776 § 2, 2013)
