This Article shall be known and cited as the "Social Host Ordinance."
(Added by Ord. No. 3526, effective 3-8-18)
The board of supervisors finds and determines as follows:
(a)
The County of Tulare, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its residents;
(b)
Underage consumption of alcoholic beverages and recreational marijuana increases the risk for alcohol and drug abuse, respectively; physical altercations; violent crimes, including rape and other sexual offenses; accidental injuries; driving under the influence; neighborhood vandalism; and excessive noise disturbance; all of which may require intervention by local law enforcement;
(c)
Underage person(s) often obtain alcoholic beverages or recreational marijuana at parties held at private residences or at rented residential and commercial premises that are under the control of a person or persons who know(s) or should know of the underage service, possession and/or consumption. Some person(s) responsible for private property have failed to ensure that alcoholic beverages or recreational marijuana are neither served to nor consumed by underage person(s) at parties held on premises under their possession or control;
(d)
Law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions during a single evening, to parties on private property at which alcoholic beverages or recreational marijuana are served to or consumed by underage persons. Responses to such parties result in a significant expenditure of time and resources by County staff, and they divert public safety resources from other areas of the county;
(e)
For these reasons, parties held on private property where alcoholic beverages or recreational marijuana are served to or consumed by underage person(s) pose an immediate threat to public health, safety, quiet enjoyment of property, and the general welfare of the communities where such parties are held, and control of such parties is necessary to protect the general welfare;
(f)
It is difficult to prevent and deter problems associated with parties at which alcoholic beverages or recreational marijuana are used by underage person(s) unless those responsible for hosting, supervising, or tolerating such parties are subject to criminal and/or civil liability for their conduct;
(g)
Person(s) held responsible for abetting or tolerating parties where underage consumption of alcohol or recreational marijuana occurs will be more likely to properly supervise and stop such conduct at parties held on private property under their possession and control;
(h)
Enhancing law enforcement's ability to abate parties on private property where underage persons are using alcoholic beverages or recreational marijuana will result in a decrease in alcohol or drug abuse by underage persons, as well as a decrease in other public safety issues related to such drug and alcohol use, such as driving under the influence, excessive noise disturbances, physical altercations and injuries, and neighborhood vandalism;
(i)
The prohibitions found in this Article are reasonable and expected to deter the consumption of alcoholic beverages and/or recreational marijuana by underage persons by holding the person(s) who knowingly allow service to or consumption by underage person(s) responsible;
(j)
In addition to social gatherings resulting in the underage consumption of alcohol and recreational marijuana, said gatherings have also led to an increase in noise complaints arising from crowds and amplified sound devices within rural, residential, and other traditionally quiet unincorporated areas of the County, during traditionally quiet times;
(k)
The County has exhausted significant amounts of law enforcement and staff time in responding to said noise complaints, often arising from the same individuals and instances on private property;
(l)
In order to control unpermitted unnecessary, excessive, and annoying noise in the unincorporated areas of Tulare County, it is hereby declared to be the policy of the County to regulate unpermitted amplified and/or excessive noises at unreasonable volumes and at unreasonable times;
(m)
It is also determined that unpermitted, unreasonable noise levels occurring at unreasonable hours are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, it is necessary to establish amplified and excessive noise regulations in order to protect the County's residents. Thus, the Board of Supervisors does ordain and declare that creating, maintaining, causing, or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter shall constitute unlawful behavior and shall be treated as such.
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)
The following terms as used in this Article shall have the meaning ascribed to them in this section as follows:
(a) "Alcohol"
means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
(b) "Alcoholic beverage"
means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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.
(c) "Control"
means any form of dominion, including ownership, tenancy, license or any other possessory right.
(d) "Marijuana"
means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including the separated resin, whether crude or purified, obtained from cannabis. It includes all cannabis products that can be smoked, vaporized, inhaled, ingested, or consumed, including dried flowers, concentrated cannabis, extracts, and edible cannabis products.
(e) "Nonmedical marijuana"
means marijuana or cannabis that is not being used or consumed in accordance with a physician's recommendation.
(f) The term "party"
means any party, gathering, event, meeting, or other assembly of two or more individuals on private property for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.
(g) The term "person"
means and includes, but is not limited to, any individual business, corporation or other organization, but it does not include a public entity.
(h) The term "private property"
means any private residence or other private premises, individual unit or place, including any commercial or business premises, a hotel or motel room or bed and breakfast unit, home, yard, apartment, condominium, mobile home, cottage, cabin, trailer, tent or other dwelling unit, abandoned or vacant warehouse or other building or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, licensed, or used with or without compensation.
(i) The term "underage person"
means any person under twenty-one (21) years of age.
(j) "Amplified Sound Device"
refers to a device whose volume is increased by any electric, electronic, mechanical, or motor-powered means, including, but not limited to, loudspeakers, public address systems, car audio systems, radios, record players, tape players, disc players, MP3 players, iPods, phones, television sets.
(k) "Excessive Noise Sources"
include, but are not limited to, non-amplified sounds arising from parties, such as shouting, group chanting, acoustic musical instruments. Additionally, the frequent, repetitive, or continuous sounds from starting, operating, repairing, rebuilding, or testing of motor vehicles, motorcycles, dirt bikes, or other off-highway vehicles, or any internal combustion engines, are deemed to be excessive noise sources and thus subject to this chapter.
(l) "Traditionally Quiet Areas"
refers to consistently zoned residential and rural unincorporated areas of the County of Tulare.
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)
(a)
This Article shall not apply to activities protected by Article 1, Section 4 of the California Constitution or the First or Fourteenth Amendments to the United States Constitution.
(b)
This Article shall not apply to conduct involving the consumption or possession of marijuana by an underage person if that underage person is either a qualified patient that possesses a recommendation from a physician, or a person with an identification card, as provided in Health and Safety Code sections 11362.7 et seq.
(c)
This Article shall not apply to any location or place regulated by the California Alcoholic Beverage Control Act.
(Added by Ord. No. 3526, effective 3-8-18)
(a)
It is unlawful for any person to permit, allow, host, or continue to permit, allow, or host a party on private property under his or her control if underage person(s) are present and the person(s) in control of the property knows or reasonably should know that: (i) alcoholic beverages are being furnished to or consumed by any underage person(s), or (ii) marijuana is being furnished to or smoked, vaporized, ingested, or otherwise consumed by any underage person(s).
(b)
Sound levels from Amplified Sound Devices and Excessive Noise Sources are prohibited from exceeding sixty-five (65) decibels, as measured at the boundary of the property on which the source of the noise or sound is located.
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21; amended by Ord. No. 3619, effective 1-12-23)
(a)
It shall be the duty of any person having control of any private property who hosts, permits, or allows a party to take place on said private property to take all reasonable steps to prevent furnishment of alcohol or marijuana to underage persons, and to prevent the use by underage persons of alcohol or marijuana at the party. Reasonable steps include (i) monitoring and/or controlling access to alcoholic beverages or marijuana at the party; (ii) verifying the age of persons attending the party by inspecting drivers' licenses or other government-issued identification cards to ensure that underage persons do not consume alcoholic beverages or nonmedical marijuana while at the party; (iii) requiring guests to leave the property if there is reason to suspect that the guests have furnished or intend to furnish alcohol or marijuana to underage persons; (iv) supervising the activities of underage persons at the party.
(b)
A person who has control of any private property shall be presumed to have actual or constructive knowledge that alcoholic beverages are being furnished to or consumed by any underage person(s), or marijuana is being furnished to or smoked, vaporized, ingested, or otherwise consumed by any underage person(s), if the person (i) is present at the party and (ii) has failed to take all reasonable steps as set forth in subdivision (a) above. A person's presence at the private property under their control shall be prima facie evidence that such person(s) had the knowledge or should have had the knowledge specified in Section 5-01-1215.
(Added by Ord. No. 3526, effective 3-8-18)
Conduct prohibited by Section 5-01-1215 is hereby declared to be a public nuisance, and is subject to criminal penalties, administrative fees, and civil actions for recovery thereof, cost recovery and reimbursement of attorney fees as provided in Articles 11 and 13 of Chapter 1 of Part IV of this Code.
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3619, effective 1-12-23)
Each incident in violation of this article shall constitute a separate offense. An "incident" refers to each time County staff, law enforcement, fire, and/or other emergency personnel responds to a party or an alleged violation of Section 5-01-1215 above. If a response is required multiple times to the same party or amplified/excessive noise complaint on the same date, each response shall be a separate offense.
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3591, effective 4-15-21)
(b)
Civil. The declaration of a nuisance pursuant to section 5-01-1215 may be accompanied by the issuance of an administrative fine as authorized in Chapter 23 of Part I of this Code. Such a fine is subject to the notice, review, appeal, enforcement, and collection provisions in Chapter 23 of Part I of this Code. The imposition of administrative fines shall not preclude or prohibit criminal prosecution or additional nuisance declarations for other abatable conditions constituting public nuisances pursuant to regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction. Dollar amounts of administrative fines for violations of this article shall be as follows. Said amounts may be revised from time to time by resolution of the Board.
(1)
For the first declaration of a nuisance pursuant to 5-01-1215 (b), the fine shall be $1,000.
(2)
For every subsequent declaration of nuisance pursuant to 5-01-1215(b) within three years of the date that the first violation occurred, so long as the violation is declared against the same person or against a property occupied by the same person that occupied the property at the time of the first violation, the fine shall be $3,000.
(3)
For any declaration of a nuisance pursuant to 5-01-1215(b) within three years of a prior violation by same person or against a property occupied by the same person that occupied the property at the time of the prior violation, the fine shall be $3,000.
(c)
For any declaration of a nuisance pursuant to 5-01-1215(b) that also meets the definition of a "violation of an event permit requirement," as defined in California Government Code section 25132(d)(2), fines may be determined in accordance with the schedule set forth in California Government Code section 25132(d)(1).
(Added by Ord. No. 3526, effective 3-8-18; amended by Ord. No. 3619, effective 1-12-23)
By adopting this Article, the County of Tulare does not waive its right to seek other legal remedies. The procedure provided for in this Article is in addition to any other statute, ordinance or law, whether civil or criminal. This Article in no way limits the authority of law enforcement or private citizens to make arrests for any criminal offenses arising out of conduct regulated by this Article, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal offense arising out of the same circumstances.
(Added by Ord. No. 3526, effective 3-8-18)
If any section, subsection, sentence, clause, phrase or word of this Article or Chapter, or interpretation thereof, is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article or Chapter. The Tulare County Board of Supervisors hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.
(Added by Ord. No. 3526, effective 3-8-18)