For the purposes of this chapter, the following definitions
shall apply:
"Alcohol."
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."
"Alcoholic beverage."
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."
"City"
means the city of Crescent City.
"Juvenile"
means any person under the age of eighteen years.
"Response costs"
means the costs associated with responses by law enforcement
to unruly and underage gatherings including but not limited to:
1.
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);
2.
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;
3.
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
4.
Any costs recoverable under California
Civil Code Section 1714.9.
"Responsible person"
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:
1.
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;
2.
A tenant or lessee, including a sub-tenant or sub-lessee, of
the residence or other private property;
3.
A person who rents a room or unit in any hotel, motel, rooming
house, or other temporary lodging;
4.
The person(s) exercising control over the residence or other
private property at the time of the underage or unruly gathering;
and
5.
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.
"Underage gathering"
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.
"Unruly gathering"
means a party or gathering of two or more persons at a residence
or other private property in the city:
1.
At which alcoholic beverages are being consumed by any underage
person, and
2.
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
3.
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:
a.
Excessive noise, excessive traffic, obstruction of public streets
by crowds or vehicles;
b.
Public drunkenness or unlawful public consumption of alcohol
or alcoholic beverages;
c.
Assaults, batteries, fights, domestic violence, or other disturbances
of the peace;
d.
Vandalism, littering; and
e.
Any other conduct that constitutes a threat to public health,
safety, and quiet enjoyment of residential property or general welfare.
(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)
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)
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)