HomeMy WebLinkAboutOrdinance 2257 N.C.S. 12/04/2006 EFFECTIVE DATE ORDINANCE NO. 2257 N.C.S.
OF ORDINANCE
January 4, 2007
1 Introduced by Seconded by
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3 Pamela Torliatt David Glass
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7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
8 REPEALING CHAPTER 10.64 OF THE PETALUMA MUNICIPAL CODE
9 ENTITLED "MINOR ALCOHOL OFFENSE/LOUD PARTIES"
10 AND ADOPTING A NEW CHAPTER 10.64 ENTITLED "SOCIAL HOST ORDINANCE"
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13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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15 Section 1. Title 10 of the Petaluma Municipal Code is hereby amended by repealing
16 Chapter 10.64 entitled "Minor Alcohol Offense/Loud Parties" and adding a new Chapter 10.64
17 entitled "Social Host Ordinance" to read as follows:
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19 CHAPTER 10.64
20 SOCIAL HOST ORDINANCE
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22 10.64.010 Title
23 10.64.020 Findings, Intent and Purpose
24 10.64.030 Definitions
25 10.64.040 Duty of Responsible Persons
26 10.64.050 Underage or Unruly Gatherings on Private Property Unlawful
27 10.64.060 Exception
28 10.64.070 Hosting by Juvenile
29 10.64.080 Criminal Enforcement and Penalties for Violations
30 10.64.090 Civil and Administrative Enforcement and Penalties for Violations
31 10.64.100 Alternative Remedies Provided
32 10.64.110 Recovery of Response Costs
33 10.64.120 Imposition of Liens or Special Assessments
34 10.64.130 Appeal of Administrative Enforcement
35 10.64.14.0 No Mandatory Duty of Care
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37 10.64.010 Title.
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39 This chapter is entitled and shall be known as the "Social Host Ordinance."
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Ordinance No. 2257 N.C.S. Page 1
1 10.64.020 Findings, Intent and Purpose.
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3 A. The City Council of the City of Petaluma, pursuant to the City's police powers
4 under Article XI, sections 3 and 5 of the California Constitution, and the City Charter
5 established pursuant to such sections, has the authority to enact and enforce laws that
6 promote the public health, safety and general welfare of its residents. The occurrence
7 of social gatherings on private property where alcoholic beverages are served to, or
8 consumed by, underage persons is harmful to the underage persons involved and a
9 threat to public health and safety, quiet enjoyment of residential property and the
10 general welfare. Underage persons often obtain alcoholic beverages at gatherings held
11 at private residences or at rented residential and commercial premises that are under
12 the control of a person who knows, or should know, of the underage consumption of
13 alcohol.
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15 B. The City Council finds that in too many cases, persons having possession or
16 control of private property who are responsible for social gatherings on that property
17 have failed to ensure that alcoholic beverages are neither served to, nor consumed by,
18 underage persons at these gatherings. The City Council further finds that problems
19 associated with social gatherings where alcoholic beverages are served to, or
20 consumed by, underage persons are difficult to prevent and deter unless the Petaluma
21 Police Department has the legal authority to direct the host to disperse the gathering
22 and to cite the responsible persons.
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24 C. Law enforcement personnel have in the past been required to respond to unruly
` 25 gatherings on private property at which alcoholic beverages are served to, or
2b consumed by, underage persons. Law enforcement personnel have also received
27 multiple service calls in the same calendar year concerning unruly gatherings at the
28 same property. Such calls for service result in a disproportionate expenditure of public
29 safety resources and delay official responses to other calls in the rest of the City.
30 Additionally, underage drinking at such gatherings has resulted in disproportionately
31 higher numbers of underage persons driving while intoxicated, increased social violence,
32 and incidents of sexual assault.
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34 D. An ordinance that imposes liability on property owners and other responsible
35 persons for gatherings that allow underage drinking is necessary to deter and prevent
36 such gatherings. Persons who actively and passively aid, allow, or tolerate such
37 gatherings should be held liable for permitting such gatherings, the nuisances created
38 by them and the costs associated with responding to them.
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40 E. The purposes of this ordinance include: protecting the public health, safety and
41 welfare by deterring the service to and consumption of alcoholic beverages by
42 underage persons, and reducing the costs to the public of providing police response
43 services to unruly gatherings and gatherings of underage persons where alcohol is
44 served, both in terms of monetary costs and availability of law enforcement personnel
45 for other calls. These .purposes are implemented by the imposition of criminal penalties
46 for social hosts as well as the imposition of administrative penalties for social hosts and
47 landowners (including landlords) and the imposition of fees to recover the costs incurred
48 by the City in providing law enforcement responses to gatherings where alcoholic
49 beverages are served to, or consumed by, underage persons at properties where
50 previous such gatherings have required law enforcement responses.
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Ordinance No. 2257 N.C.S. Page 2
1 F. For these reasons, the Petaluma City Council declares that gatherings on private
2 property where alcoholic beverages are served to, or consumed by, underage persons
3 are a threat to the public peace, health, safety and general welfare, and a public
4 nuisance as they affect at the same time the entire Petaluma community as well as the
5 neighborhoods in which they occur.
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7 10.64.030 Definitions.
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9 For the purposes of this chapter, the following definitions apply:
10 A. "Alcohol." The definition of "alcohol" in Section 23003 of the California
11 Business & Professions Code, as amended from time to time, shall apply to this
12 chapter. As of the introduction of this chapter, section 23003 defined
13 "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
14 from whatever source or by whatever process produced."
15 B. "Alcoholic beverage." The definition of "alcoholic beverage" in Section
16 23004 of the California Business & Professions Code, as amended from time to
17 time, shall, apply to this chapter. As of the introduction of this chapter, section
18 23004 defined "alcoholic beverage" to mean "alcoholic beverage includes
19 alcohol, spirits, liquor, wine, beer, and that contains one-half of one percent
20 or more alcohol by volume and that is fit for beverage purposes either alone
21 or when diluted, mixed or combined with other substances."
22 C. "City" means the City of Petaluma.
23 D. "Juvenile" means any person under eighteen years of age.
24 E. "Response costs" means the costs associated with responses by law
25 enforcement to unruly and underage gatherings including but not limited to:
26 1) salaries and benefits of law enforcement personnel for the amount of time
27 spent responding to, remaining at, or otherwise dealing with unruly or
28 underage gatherings, and the administrative costs attributable to such
. 29 response(s);
30 2) the cost of any medical treatment to or for any law enforcement
31 personnel injured. responding to, remaining at or leaving the scene of an
32 unruly or underage gathering;
33 3) the cost of repairing any City equipment or property damage, and the
34 cost of the use of any such equipment, in responding to, remaining at or
35 leaving the scene of an unruly or underage gathering; and
36 4) any costs recoverable in accordance with California Civil Code section
37 1714.9.
38 F. "Responsible person" means a person or persons with a right of possession of
39 the residence or other private property in the City at which an underage or
40 unruly gathering may occur, including, but not limited to the following:
41 1) any owner of the residence or other private property, meaning the record
42 owner of the title to property as of the time of the underage or unruly
43 gathering, wheresoever that person or entity may currently reside;
44 2) a tenant or lessee of the residence o.r other private property;
45 3) the person(s) exercising control over the residence or other private
46 property at the time of the underage or unruly gathering.; and
47 4) the person(s) who organizes, supervises, officiates, conducts or controls the
48 underage or unruly gathering or any other person(s) accepting
49 responsibility for such gathering. A responsible person for the underage or
50 unruly gathering need not be present at such gathering.
Ordinance No. 2257 N.C.S. Page 3
1 G. "Underage gathering" means a party or gathering of two or more persons at
2 a residence or other private property in the City at which alcoholic
3 beverages are being consumed by any underage person.
4 H. "Underage person" means any person under twenty-one years of age.
5 I. "Unruly gathering" means a party or gathering of two or more persons at a
6 residence or other private property in the City at which alcoholic beverages
7 are being consumed by any underage person when that party or gathering is
8 being conducted in such a manner as to constitute a substantial disturbance
9 of the quiet enjoyment of private or public property in a significant segment
10 of a neighborhood, as a result of conduct constituting a violation of law.
11 Such conduct constituting a violation of law for purposes of this definition
12 includes, but is not limited to: excessive noise, excessive traffic, obstruction of
13 public streets by crowds or vehicles, public drunkenness or unlawful public
14 consumption of alcohol or alcoholic beverages, assaults, batteries, fights,
15 domestic violence or other disturbances of the peace, vandalism, littering,
16 and any other conduct that constitutes a threat to public health, safety, quiet
17 enjoyment of residential property or general welfare.
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19 10.64.040 Duty of Responsible Persons.
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21 It is the duty of responsible persons to not knowingly host, permit, or allow an underage
22 or unruly gathering at a residence or other private property in the City concerning which
23 the responsible person has a right of possession specified in paragraph F of section
24 10.64.030 and to take all reasonable steps to prevent the consumption of alcoholic
25 beverages by any underage person at gatherings at such residence or other private
26 property. Reasonable steps required pursuant to this section include, but are not limited
27 to: controlling access to alcoholic beverages at the gathering; controlling the quantity
28 of alcoholic beverages present at the gathering; verifying the age of persons attending
29 the gathering by inspecting drivers' licenses or other government-issued identification
30 cards to ensure that underage persons do not consume alcoholic beverages while at
31 the gathering; and supervising the activities of underage persons at the gathering.
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33 10.64.050 Underage or Unruly Gatherings on Private Property Unlawful.
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35 It is unlawful and a public nuisance for any responsible persons to knowingly host, permit,
36 or allow an underage or unruly gathering to occur at private property in the City
37 concerning which the responsible person has a right of possession specified in
38 paragraph F of section 10.64.030 where at least one underage person consumes an
39 alcoholic beverage. For purposes of this chapter, a responsible person knowingly hosts,
40 permits or allows an underage or unruly gathering where at least one underage person
41 consumes an alcoholic beverage whenever the responsible person is aware an
42 underage person has consumed an alcoholic beverage at an underage or unruly
43 gathering or reasonably should have been aware an underage person has consumed
44 an alcoholic beverage at such a gathering had the responsible person taken all
45 reasonable steps to prevent consumption of alcoholic beverages by underage persons
46 in accordance with section 10.64.040. Violation of this section by any responsible person
47 is subject to the criminal, civil and/or administrative penalties set forth in this chapter in
48 addition to recovery of response costs in accordance with section 10.64.1 10, and any
49 other applicable penalties under applicable law. It shall be prima facie evidence that
50 the responsible person knew or should have known of both the underage or unruly
51 gathering and the consumption of alcoholic beverages by underage persons at the
52 gathering if the responsible person, is present on the property at any point during the
Ordinance No. 2257 N.C.S. Page 4
1 gathering. To the full extent permitted by law, owners of properties as defined in section
2 10.64.030(F) (l) shall remain responsible persons liable for violations of this chapter on
3 such property regardless of any contract or agreement regarding the property that
4 purports to provide otherwise.
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6 10.64.060 Exception.
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8 This chapter does not apply to conduct involving the use of alcoholic beverages that is
9 protected by Article I, section 4 of the California Constitution.
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11 10.64.070 Hosting By Juvenile.
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13 In the event that a juvenile hosts an unruly or underage gathering at a residence or other
14 private property in the City in violation of this chapter, the parents or guardians of that
15 juvenile will be jointly and severally liable for any penalties and response costs imposed
16 pursuant to this chapter.
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18 10.64.080 Criminal Enforcement and Penalties for Violations.
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20 Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of
21 not more than one thousand dollars or by imprisonment for a period not to exceed six
22 months, or by both fine and imprisonment. At the discretion of the charging officer
23 and/or city attorney, violations of this chapter may also be charged as infractions as
24 defined in section 19(c) of the California Penal Code. Violations charged as infractions
25 shall not be subject to imprisonment and shall be subject to a fine not exceeding $500
26 for each offense. If a police officer elects to charge a violation of this ordinance as a
27 criminal violation, such officer shall issue a criminal citation with a notice to appear,
28 signed by the alleged violator. Alternatively, the city attorney may prosecute violations
29 of this chapter by filing a criminal complaint.
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31 10.64.090 Civil and Administrative Enforcement and Penalties for Violations.
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33 Violations of this chapter are declared to be public nuisances. Violations of this chapter
34 may be prosecuted as a nuisance and enforced by a civil court action as provided in
35 Chapter l .l 3 or via administrative enforcement as a nuisance as provided in Chapter
36 1.14. Notwithstanding any other provisions of this chapter, whenever the existence or
37 continuance of any violation of this chapter or any nuisance condition poses an
38 imminent or immediate threat of harm to persons or property, or to public health, welfare
39 or safety, such violation or condition may be summarily abated in accordance with
40 .section.. l .l 5.010. Each and every day during any portion of which a nuisance condition
41 exists or continues may be deemed a separate and distinct violation for purposes of
42 setting the amount of penalty to be imposed. Any penalty imposed will accrue on a
43 daily basis from the date the penalty becomes effective.
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45 10.64.100 Alternative Remedies Provided.
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47 In addition to the other remedies specified in this chapter, violations of this chapter are
48 subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In
49 addition, the City expressly reserves the right to utilize enforcement remedies available
50 under any applicable state or federal statute or pursuant to any other lawful power of
51 the City. All such remedies shall be alternative to or in addition to or in conjunction with,
Ordinance No. 2257 N.C.S. Page 5
1 and not exclusive of, one another. The election of remedies shall be at the sole
2 discretion of the City.
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4 10.64.110 Recovery of Response Costs.
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6 When the police make an initial response to an underage or unruly gathering at a
7 residence or other private property within the City, and a police officer issues a citation
8 for violation of this chapter, the officer shall, in writing, inform any responsible person(s) at
9 the property that:
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11 1) An unruly or underage gathering exists; and
12 2) The responsible person(s) will be charged for any response costs incurred
13 for subsequent responses to the property for an underage or unruly
14 gathering within a 12 month period.
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16 This warning will be given to all identified responsible persons at the time of the first
17 response to an unruly or underage gathering where a citation is issued for violation of this
18 chapter before assessing response costs pursuant to this section for subsequent responses
19 within a 12-month period following issuance of the citation. Within 30 calendar days of
20 the initial citation, an additional written warning shall be transmitted via certified mail to
21 the record owner of the residence or private property as shown in the records of the
22 Sonoma County Assessor's office.
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24 When a police officer responds to an underage or unruly gathering at a residence or
25 other private property within the City within 12 months of a citation and warning given to
26 responsible person(s) at the same property, and such officer issues a second or
27 subsequent citation pursuant to this chapter, all responsible persons shall be jointly and
28 severally liable for the City's. response costs concerning such second or subsequent
29 underage or unruly gathering, but only to the extent that such responsible person(s)
30 concerning the first citation at such property remain responsible person(s) for the second
31 or subsequent citation at such property.
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33 10.64.120 Imposition of Liens or Special Assessments.
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35 Any administrative penalty imposed for violation of this chapter, including any
36 administrative penalties pursuant to other codes or statutes to which violations of this
37 chapter are subject, and any administrative costs or other expenses of enforcement,
38 response costs as defined in this chapter, and the cost or expenses associated with the
39 abatement of a nuisance condition pursuant to this chapter, may be enforced by the
40 recordation of a lien or special assessment on the real property where the violation
41 occurred in accordance with and subject to the requirements of section 1.14.140.
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43 10.64.130 Appeal of Administrative Enforcement.
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45 A responsible person charged with violation of this chapter pursuant to chapter 1.14 shall
46 be entitled to pursue the appeal procedures set forth in section l .l 4.070 for responsible
47 persons named in notices of violations.
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49 10.64.140 No Mandatory Duty of Care.
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51 This chapter is not intended to impose, and shall not be construed or given effect in a
52 manner that imposes upon the City, or any officer, employee, agent, or representative
Ordinance No. 2257 N.C.S. Page 6
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1 of the City, a mandatory duty of care toward persons or property within or without the
2 City limits, so as to provide a basis of civil liability for damages, except as may otherwise
3 be imposed by law.
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5 Section 2. If any section, subsection, sentence, clause or phrase or word of this
6 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
7 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
8 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
9 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
10 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
11 invalid.
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13 Section 3. The City Council finds that adoption of this ordinance is exempt from the
14 California Environmental Quality Act ("CEQA"), pursuant to Sections 1.5061(b) (3) (no possibility
15 that the activity may have a significant impact on the environment) of the CEQA Guidelines
16 (Title 14, Chapter 3 of the California Code of Regulations).
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18 Section 4. This ordinance shall become effective thirty (30) days after the date of its
19 adoption by the Petaluma City Council.
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21 Section 4. The City Clerk is hereby directed to publish or post this ordinance or a synopsis
22 for the period and in the manner required by Section 45 of the City Charter or as otherwise
23 required by law.
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26 INTRODUCED and ordered posted/wed this 20th day of November, 2006.
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28 ADOPTED this 4'" day of December, 2006 by the following vote:
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30 AYES: Mayor Glass, Harris, Healy, Vice Mayor Nau, Torliatt
31 NOES: None
32 ABSENT: O'Brien
33 ABSTAIN: None
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Ordinance No. 2257 N.C.S. Page 7
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3 ~JiG"Glass, Mayor = _
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6 ATTEST: APPROVED AS TO FORM:
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10 Claire Cooper, City Clerk Eric W. Danly, City Att rney
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Ordinance No. 2257 N.C.S. Page 8