The words and phrases used in this chapter have the meanings
set forth in this section.
means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced.
has the same meaning as that set forth in the California
Business and Professions Code Section 23004.
includes the salaries and benefits of police officers or
other code enforcement personnel for the amount of time actually spent
in responding to, or in remaining at, the party, gathering, or event
and the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured police officers or other
code enforcement personnel; the cost of repairing any damaged city
equipment or property; and, the cost arising from the use of any damaged
city equipment in responding to or remaining at the party, gathering,
or event.
means: (1) a person, who under court order, is the guardian
of a person of minority age; or (2) a public or private agency with
whom a minor has been placed by the court.
means any person under 21 years of age.
means a person who is a natural parent, adoptive parent or
step parent of another person.
means a group of persons who have assembled or are assembling
for a social occasion or social activity.
(Ord. 2003-14)
Except as permitted by state law, it is unlawful for any minor
to:
A.
Consume
at any public place or any place open to the public any alcoholic
beverage; or
B.
Consume
at any place not open to the public any alcoholic beverage, unless
in connection with the consumption of the alcoholic beverage that
minor is being supervised by his or her parent or legal guardian.
(Ord. 2003-14)
A.
Except
as permitted by Article 1, Section 4, of the California Constitution,
it is unlawful for any person to allow or host a party, gathering,
or event at his or her place of residence or other private property,
place, or premises under his or her control where three or more minors
are present and alcoholic beverages are being consumed by any minor.
B.
This
section does not apply to conduct involving the use of alcoholic beverages
(i.e., religious rituals) which occurs exclusively between a minor
child and his or her parent or legal guardian.
C.
This
section does not apply to any location or place regulated by the California
Department of Alcoholic Beverage Control.
(Ord. 2003-14)
The City of Encinitas does not waive its right to seek reimbursement
for actual costs of enforcement services associated with the enforcement
of this chapter through other legal remedies or procedures.
The procedures provided for in this chapter are in addition to any other statute, ordinance, or law. Sections 9.42.020 and 9.42.030 in no way limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by those same sections, nor do they limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of those same sections.
(Ord. 2003-14)
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of a misdemeanor punishable to the
fullest extent of the law up to and including a $1,000.00 fine and/or
six months in jail.
(Ord. 2003-14)
