HomeMy WebLinkAboutOrdinances 1899 08/03/19922,
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SAP 2 192
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ORDINANCE NO. 1899
Introduced by
iVIichael Davis
Bonnie Nelson
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING NEW CHAPTER 10..64 TO TITLE 10 OF THE PETALUMA
MUNICIPAL CODE PERTAINING TO JUVENILE ALCOHOL OFFENSES
AND IMPOSING A POLICE SERVICE FEE FOR PROVIDING CONTROL
WHEREAS, the City Council hereby fords that unsupervised parties on private
property where alcohol is consumed by minors have been a nuisance in Petaluma for several
years; and
WHEREAS, problems associated with such gatherings are difficult to resolve unless the
Police Department has the legal authority to enter the private premises and direct the host to
disperse the crowd; and
WHEREAS, police ability to abate loud and disturbing gatherings or gatherings where
alcohol is served to minors on private property will result in a decrease in abuse of intoxicants
by minors, physical fights, neighborhood vandalism and noise disturbance, thereby improving
public safety. The City Council further finds and declares that the control of large parties,
gatherings or events on private property, is necessary when such activity is determined to be a
threat to the peace, health, safety or general welfare of the public; and
WHEREAS, police officers frequently have been required to make return calls to the
location of a party, gathering, or event in order to disperse uncooperative participants, causing
a drain of manpower and resources, sometimes leaving other areas of the City with inadequate
police protection.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Title 10 of the City of Petaluma Municipal Code is hereby amended by
adding a new Chapter 10.64 to read:
1
N.C.S.
Seconded by
Ord. 1899 NCS
1 C>FIAPTER 10.64
2 Sections:
3 10.64.010 Title
4 10.64..020 Definitions
5 10.64.030 Unlawful Gatherings on Private Property When Alcohol Is
6 Served to Minors
7 10.64.040 Police Services at Parties, Gatherings, or Events Requiring a
8 Second Response
9 10.64.050 Police Services Fee
10
11 10.64.010 -Title.
12 The title of this chapter shall be "Minor Alcohol Offense/Loud Parties" .
13
14 10.64.020 -Definitions.
15 For the purpose of this chapter, the following definitions shall apply:
16 A. "Party, Gathering, or Event" is a group of persons who have assembled or are
17 assembling for a social occasion or a social activity.
18 B. "Police Services" include the salaries of the police officers for the amount of
19 time actually spent in responding to, or in remaining at, the party, gathering, or event at a rate
20 established by resolution of the City Council; the actual cost of any medical treatment to
21 injured officers; and the cost of repairing any damaged City equipment or property.
22 C. "Person Responsible for the Event" is the person who owns, rents, leases, or
23 otherwise has control of the premises where the party, gathering, or event takes place; the
24 person in charge of the premises; and/or the person who organized the event. If the person
25 responsible for the event is a juvenile, then the parents or guardians of that ,juvenile will be
26 jointly and severally liable for the costs incurred for police services pursuant to this chapter.
27 D. "Juvenile" is any minor child under the age of 18 years old.
28 E. "Minor" is any person under the age of 21 years old.
29
30 10.64.030 - Unlawful Juvenile Gatherings on Private Property When Alcohol Is Served to
31 Minors.
32 No person shall suffer, permit, allow, or host a party, gathering, or event at his or her
33 place of residence or other private property, place, or premises under his or her control where
34 five (5) or more persons under the age of twenty-one (21) are present and alcoholic beverages
35 are in the possession of, or are being consumed by, any person under the age of twenty-one
36 (21) years. A violation of this section shall constitute a misdemeanor punishable by a fine of
37 not more than One Thousand Dollars ($1,000) or by imprisonment for a period not to exceed
38 six (6) months, or by both such fine and imprisonment.
2
Ord. 1899 NCS
1 10 64 040' -Police Services at Parties, Gatherings or Events Requiring a Second Response.
2 When any party, gathering, or event occurs on private property and a police officer at
3 the scene determines that there is a threat to the public peace, health, safety, or general
4 welfare, the person(s) responsible for the event will be held liable for the cost of providing
5 police services during a second or follow-up response by the police, after a first warning to the
6 person(s) responsible for the event to control the threat to the public peace, health, safety, or
7 general welfare. The second or follow-up response may also result in the arrest and/or citation
8 of violators of the California Penal Code or other provisions of the Petaluma Municipal Code.
9
10 10.64.050 -Police Services Fee.
11 The police services fee shall include the cost of personnel and equipment as computed
12 by the City Finance Department but shall not exceed Five Hundred Dollars ($500) for a single
13 incident, provided however, that the City does not hereby waive its right to seek
14 reimbursement for actual costs exceeding Five Hundred Dollars ($500) through our legal
15 remedies. The amount of such fees collected, up to Five Hundred Dollars ($500) per incident,
16 shall be placed in a special fund. The amount of such fees shall be deemed a debt owed to the
17 City by the person responsible for the event and, if juveniles, their parents or guardians. Any
18 person owing such fees shall be liable in an action brought in the name of the City for
19 recovery of such fees, including reasonable attorney fees.
20
21 Section 2. If any section, subsection, sentence, clause or phrase or word of this
22 ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction,
23 such decision shall not affect the validity of the remaining portions of this ordinance. The City
24 Council of the City of Petaluma hereby declares that it would have passed and adopted this
25 ordinance and each and all provisions thereof irrespective of the fact that any one or more of
26 said provisions be declared unconstitutional.
27
28 Section 3. The City Clerk is hereby directed to post/publish this ordinance for the
29 period and in the manner required by the City Charter.
30
31 Section 4. This ordinance shall take effect thirty (30) days after its passage. Before
32 the expiration of fifteen (15) days after its passage by the City Council, the City Clerk shall
33 cause to be published a full and complete copy of this ordinance in accordance with law, in a
34 newspaper of general circulation published and circulated in the City of Petaluma.
3
Ord 1899 NCS
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INTRODUCED and ordered posted/pnhla~l this 20th day of
1992.
ADOPTED this 3rd day of August , 1992 by the following vote:
AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: Davis
ATTEST ~` APPR VEl~--~
a
Clerk City ttorney
c:\word5\ord.doc
5/26/92 (fmk)
rev. 7/21/92 (fmk)
rev. 7/22/92 ( fmk)
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Ord. 1899 NCS