Loading...
HomeMy WebLinkAboutOrdinance 2257 N.C.S. 12/04/20061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 EFFECTIVE DATE OF ORDINANCE January 4, 2007 Introduced by Pamela Torliatt ORDINANCE NO. 2257 N.C.S. Seconded by David Glass AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING CHAPTER 10.64 OF THE PETALUMA MUNICIPAL CODE ENTITLED "MINOR ALCOHOL OFFENSE/LOUD PARTIES" AND ADOPTING A NEW CHAPTER 10.64 ENTITLED "SOCIAL HOST ORDINANCE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 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: 18 19 CHAPTER 10.64 20 SOCIAL HOST ORDINANCE 21 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 10.64.140 No Mandatory Duty of Care 36 37 10.64.010 Title. 38 39 This chapter is entitled and shall be known as the "Social Host Ordinance." 40 41 Ordinance No. 2257 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 10.64.020 Findings, Intent and Purpose. A. The City Council of the City of Petaluma, pursuant to the City's police powers under Article Xl, sections 3 and 5 of the California Constitution, and the City Charter established pursuant to such sections, has the authority to enact and enforce laws that promote the public health, safety and general welfare of its residents. The occurrence of social gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health and safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows, or should know, of the underage consumption of alcohol. B. The City Council finds that in too many cases, persons having possession or control of private property who are responsible for social gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. The City Council further finds that problems associated with social gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Petaluma Police Department has the legal authority to direct the host to disperse the gathering and to cite the responsible persons. C. Law enforcement personnel have in the past been required to respond to unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons. Law enforcement personnel have also received multiple service calls in the same calendar year concerning unruly gatherings at the some property. Such calls for service result in a disproportionate expenditure of public safety resources and delay official responses to other calls in the rest of the City. Additionally, underage drinking at such gatherings has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault. D. An ordinance that imposes liability on property owners and other responsible persons for gatherings that allow underage drinking is necessary to deter and prevent such gatherings. Persons who actively and passively aid, allow, or tolerate such gatherings should be held liable for permitting such gatherings, the nuisances created by them and the costs associated with responding to them. E. The purposes of this ordinance include: protecting the public health, safety and welfare by deterring the service to and consumption of alcoholic beverages by underage persons, and reducing the costs to the public of providing police response services to unruly gatherings and gatherings of underage persons where alcohol is served, both in terms of monetary costs and availability of law enforcement personnel for other calls. These purposes are implemented by the imposition of criminal penalties for social hosts as well as the imposition of administrative penalties for social hosts and landowners (including landlords) and the imposition of fees to recover the costs incurred by the City in providing law enforcement responses to gatherings where alcoholic beverages are served to, or consumed by, underage persons at properties where previous such gatherings have required law enforcement responses. Ordinance No. 2257 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 F. For these reasons, the Petaluma City Council declares that gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons are a threat to the public peace, health, safety and general welfare, and a public nuisance as they affect at the same time the entire Petaluma community as well as the neighborhoods in which they occur. 10.64.030 Definitions. For the purposes of this chapter, the following definitions apply: A. "Alcohol." The definition of "alcohol" in Section 23003 of the California Business & Professions Code, as amended from time to time, shall apply to this chapter. 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." B. "Alcoholic beverage." The definition of "alcoholic beverage" in Section 23004 of the California Business & 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." C. "City" means the City of Petaluma. D. "Juvenile" means any person under eighteen years of age. E. "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 injured responding to, remaining at or leaving the scene of an unruly or underage gathering; 3) the cost of repairing any City equipment or property damage, 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 in accordance with California Civil Code section 1714.9. F. "Responsible person" means a person or persons with a right of possession 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 of the residence or other private property; 3) the person(s) exercising control over the residence or other private property at the time of the underage or unruly gathering.; and 4) the persons) who organizes, supervises, officiates, conducts or controls the underage or unruly gathering or any other person(s) accepting responsibility for such gathering. A responsible person for the underage or unruly gathering need not be present at such gathering. Ordinance No. 2257 N.C.S. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 G. "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. H. "Underage person" means any person under twenty-one years of age. I. "Unruly 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 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, as a result of conduct constituting a violation of law. Such conduct constituting a violation of law for purposes of this definition includes, but is not limited to: excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, littering, and any other conduct that constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare. 10.64.040 Duty of Responsible Persons. It is the duty of responsible persons to not knowingly host, permit, or allow an underage or unruly gathering at a residence or other private property in the City concerning which the responsible person has a right of possession specified in paragraph F of section 10.64.030 and to take all reasonable steps to prevent the consumption of alcoholic beverages by any underage person at gatherings at such residence or other private property. Reasonable steps required pursuant to this section include, but are not limited to: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government -issued identification cards to ensure that underage persons do not consume alcoholic beverages while at the gathering; and supervising the activities of underage persons at the gathering. 10.64.050 Underage or Unruly Gatherings on Private Property Unlawful. It is unlawful and a public nuisance for any responsible persons to knowingly host, permit, or allow an underage or unruly gathering to occur at private property in the City concerning which the responsible person has a right of possession specified in paragraph F of section 10.64.030 where at least one underage person consumes an alcoholic beverage. For purposes of this chapter, a responsible person knowingly hosts, permits or allows an underage or unruly gathering where at least one underage person consumes an alcoholic beverage whenever the responsible person is aware an underage person has consumed an alcoholic beverage at an underage or unruly gathering or reasonably should have been aware an underage person has consumed an alcoholic beverage at such a gathering had the responsible person taken all reasonable steps to prevent consumption of alcoholic beverages by underage persons in accordance with section 10.64.040. Violation of this section by any responsible person is subject to the criminal, civil and/or administrative penalties set forth in this chapter in addition to recovery of response costs in accordance with section 10.64.110, and any other applicable penalties under applicable law. It shall be prima facie evidence that the responsible person knew or should have known of both the underage or unruly gathering and the consumption of alcoholic beverages by underage persons at the gathering if the responsible person, is present on the property at any point during the Ordinance No. 2257 N.C.S. Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 gathering. To the full extent permitted by law, owners of properties as defined in section 10.64.030(F) (1) shall remain responsible persons liable for violations of this chapter on such property regardless of any contract or agreement regarding the property that purports to provide otherwise. 10.64.060 Exception. 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. 10.64.070 Hosting By Juvenile. 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 will be jointly and severally liable for any penalties and response costs imposed pursuant to this chapter. 10.64.080 Criminal Enforcement and Penalties for Violations. Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of not more than one thousand dollars or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. At the discretion of the charging officer and/or city attorney, violations of this chapter may also be charged as infractions as defined in section 19(c) of the California Penal Code. Violations charged as infractions shall not be subject to imprisonment and shall be subject to a fine not exceeding $500 for each offense. If a police officer elects to charge a violation of this ordinance as a criminal violation, such officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. Alternatively, the city attorney may prosecute violations of this chapter by filing a criminal complaint. 10.64.090 Civil and Administrative Enforcement and Penalties for Violations. Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter 1.14. Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition may be summarily abated in accordance with section 1.15.010. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective. 10.64.100 Alternative Remedies Provided. In addition to the other remedies specified in this chapter, violations of this chapter are subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition, 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 shall be alternative to or in addition to or in conjunction with, Ordinance No. 2257 N.C.S. Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 and not exclusive of, one another. The election of remedies shall be at the sole discretion of the City. 10.64.110 Recovery of Response Costs. When the police make an initial response to an underage or unruly gathering at a residence or other private property within the City, and a police officer issues a citation for violation of this chapter, the officer shall, in writing, inform any responsible persons) at the property that: 1) An unruly or underage gathering exists; and 2) The responsible person(s) will be charged for any response costs incurred for subsequent responses to the property for an underage or unruly gathering within a 12 month period. This warning will be given to all identified responsible persons at the time of the first response to an unruly or underage gathering where a citation is issued for violation of this chapter before assessing response costs pursuant to this section for subsequent responses within a 12-month period following issuance of the citation. Within 30 calendar days of the initial citation, an additional written warning shall be transmitted via certified mail to the record owner of the residence or private property as shown in the records of the Sonoma County Assessor's office. When a police officer responds to an underage or unruly gathering at a residence or other private property within the City within 12 months of a citation and warning given to responsible person(s) at the same property, and such officer issues a second or subsequent citation pursuant to this chapter, all responsible persons shall be jointly and severally liable for the City's response costs concerning such second or subsequent underage or unruly gathering, but only to the extent that such responsible person(s) concerning the first citation at such property remain responsible person(s) for the second or subsequent citation at such property. 10.64.120 Imposition of Liens or Special Assessments. 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 in accordance with and subject to the requirements of section 1.14.140. 10.64.130 Appeal of Administrative Enforcement. A responsible person charged with violation of this chapter pursuant to chapter 1.14 shall be entitled to pursue the appeal procedures set forth in section 1.14.070 for responsible persons named in notices of violations. 10.64.140 No Mandatory Duty of Care. This chapter is not intended to impose, and shall not be construed or given effect in a manner that imposes upon the City, or any officer, employee, agent, or representative Ordinance No. 2257 N.C.S. Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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, except as may otherwise be imposed by law. Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 3. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 1.5061(b) (3) (no possibility that the activity may have a significant impact on the environment) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 4. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner required by Section 45 of the City Charter or as otherwise required by law. INTRODUCED and ordered posted/wed this 20th day of November, 2006. ADOPTED this 4'h day of December, 2006 by the following vote: AYES: Mayor Glass, Harris, Healy, Vice Mayor Nau, Torliatt NOES: None ABSENT: O'Brien ABSTAIN: None Ordinance No. 2257 N.C.S. Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: Claire Cooper, City Clerk Ji.d"Glass, Mayor = APPROVED AS TO FORM: Eric W. Danly, City Att rney Ordinance No. 2257 N.C.S.