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:
"Alcohol"
means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever process produced.
"Alcoholic beverage"
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.
"Host"
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.
"Juvenile"
means any person less than 18 years of age.
"Large party, gathering or event"
is a group of persons who have assembled or are assembling for a social occasion or for a social activity.
"Parent or legal guardian"
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.
"Party, gathering or event"
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.
"Police services fee"
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.
"Responsible person or host"
means any of the following:
1. 
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.
2. 
Any person or entity present at a party, gathering or event who provides an alcoholic beverage to anyone under the age of 21 years.
3. 
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.
"Special security assignment"
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.
"Underage person"
means any person less than 21 years of age.
"Unruly or loud conduct"
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)