Attachment 7 - Town of Ross71t
r#$ryN
ROSSm Agenda ltem No.16.
Staff Report
Date:August 9,ZOLB
To:Mayor Kuhl and Council Members
From Erik Masterson, Police Chief
Subject lntroduction of Ordinance No. 693 Amending Ross Municipal Code Chapter 9.60
to change the title to "social Host Ordinance" and update the regulations
governing Loud and Unruly Gatherings.
Recommendation
Council waive the first reading and introduce Ordinance No. 693 to change the title to "Social
Host Ordinance" and amending Chapter 9.60 to update the regulations regarding loud and unruly
gatherings.
Background and discussion
"social Host" ordinances were passed throughout most jurisdictions to address large unruly
underage parties/gatherings where alcohol was being consumed and emergency response
personnel were spending excessive time and manpower to handle these parties. Since the
passage of such ordinances, the number of such parties/gatherings has been greatly reduced.
Our Town ordinance needs to be updated to include substances that have become increasingly
used by underage persons with Marin and throughout the country. Advocacy groups that work
with juveniles have noted this increased use and have suggested changes to current "Social Host"
type ordinances to include both cannabis and controlled substances along with the use of alcohol
(which is already included in these ordinances).
Most jurisdictions in Marin have followed these suggestions and have made amendments to their
"Social Host" ordinances.
ln the proposed amendment; vehicles of any type, such as vehicles for hire was added to
residences and properties as locations where such activity is prohibited. This inclusion is due to
a recent incident in Marin involving underage drinking in a for-hire, vehicle.
ATTACHMENT 7
Fiscal, resource and timeline impacts
None
Alternative actions
Council could revise the proposed language
Environmental review (if applicable)
N/A
Attachments. Ordinance No.693. Ordinance redline version
TOWN OF ROSS
ORDINANCE NO. 693
AN ORDTNANCE OF THE TOWN OF ROSS AMENDING TITLE 9 (PEACE,
SAFETY AND MORATS) OF THE ROSS MUNICIPAL CODE BY AMENDING
CHAPTER 9.60 TO CHANGE THE TITLE TO 'SOCIAL HOST ORDINANCE,, AND
UPDATE THE REGUI.ATIONS GOVERNING LOUD AND UNRULY GATHERINGS
The Town Council of the Town of Ross does ordain as follows:
SECTION 1: Section 9.60of the Ross Municipal Code is amended and restated asfollows:
"Sections:
9.60.010
9.60.020
9.60.030
9.60.040
9.60.050
9.60.060
9.60.070
9.60.080
Title
Definitions
Prohibition of loud or unruly gatherings where intoxicants are served
to, consumed by, or in the possession of underage persons.
Violations/ad ministrative fines.
lmposition of cost recovery fee for public safety response.
Hearings on the imposition of administrative fines; Appeals.
Ad m inistrative fines-debt to town; Enforcement
Severability.
9.60.0L0 Title. This chapter shall be known as the Social Host Ordinance. (Ord
607 (part), 2008).
9.60.020 Definitions. TheFollowin g words and phrases, whenever used in this
article, shall have the following meanings:
(a) "Alcohol" means ethyl alcohol, hydrated oxide of alcohol, or spirits of wine, from
whatever source or by whatever process produced.
(b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, liquor, 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) "Controlled Substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (Health & Safety Code Section 11000 et
seq.). Such term does not include any drug or substance for which the individual found to have
consumed or possessed such substance has a valid prescription issued by a licensed medical
practitioner authorized to issue such a prescription, or in the case of medical cannabis, a
recommendation for medical marijuana from an approved provider, or a State of California
medical lD card.
(d) "Marijuana" is defined as any part of the plant Cannabis, whether growing or not; the
seeds thereof; the resin extracted from any part of the planU and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds or resin and includes concentrated
marijuana. The prohibition herein includes marijuana in any form including but not limited to
cigarettes, vapor, food products containing marijuana and any other product of marijuana that
can be smoked or ingested; provided that, notwithstanding the foregoing, it does not include a
substance for which the individual found to have consumed or possessed such substance has a
recommendation for medical marijuana from a licensed physician.
(e) "lntoxicants" means alcohol, controlled substances and/or marijuana as defined
herein.
(f) "Juvenile" means any person less that eighteen (L8) years of age.
(g) "Loud or unruly gathering" means any of the following:
(1) a gathering of five or more persons at a residence or on other private
property or rented public property where loud and unruly conduct occurs;
(2) a motor vehicle engaged in the transportation of persons for
compensation, whether in common or contract carriage, or any other entity engaged in the
provision of a hired driver service when a rented motor vehicle is being operated by a hired driver
upon which loud or unruly conduct occurs.
(h) Loud or unruly conduct constitutes a public nuisance and includes but is not limited to
the following:
(1) Excessive noise;
(21 Excessive traffic;
(3) Obstruction of public streets and/or the presence of unruly crowds that
have spilled into public streets;
(4) Public drunkenness or unlawful public consumption of intoxicants;
(5) Assaults, batteries, fights, domestic violence or other disturbances of the
peace;
(6) Vandalism;
(71 Litter; or
(8) Any other conduct that constitutes a threat to the public health, safety, or
quiet enjoyment of residential property of the general welfare.
(i) "Person Responsible for the event" Means and includes, but is not limited to:
(1) The person that owns, rents, leases or otherwise has control of the
premises upon which a loud or unruly gathering occurs
(21 The person or entity that owns or operates the motor vehicle deemed to
constitute a loud or unruly gathering
(3) The person that organized the loud or unruly gathering. lf the person
responsible for the loud or unruly gathering is a juvenile, then the juvenile and the parents or
guardians of that juvenile will be jointly and severally liable for the Administrative Fine and/or
for the costs incurred for the public safety services pursuant to this chapter.
(j) "Public Safety Services Costs" and/or "Response Costs" means the costs associated
with responses by law enforcement, fire and other emergency response providers to loud or
unruly gatherings, including but not limited to:
2
(1) The cost of law enforcement, fire or other response personnel for the amount of
time spent responding to, remaining at, or otherwise dealing with the loud or unruly gathering,
calculated as the public safety rate plus benefits times the number of public safety officer hours
at the scene of the emergency response plus thirty-three percent overhead; and
(2) The cost of any medical treatment to or for any law enforcement, fire or other
emergency response personnel injured responding to, remaining at or leaving the scene of the
loud or unruly gathering; and
(3) The cost of any Town equipment or property, and the cost of repairing any Town
equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or
unruly gathering.
(k) "Underage person" means any person less than twenty-one (21) years of age. (Ord.
607 (part), 2008).
9.60.030 Prohibition of loud or nrulv satherinss and satherinps where
alcohol is intoxicants are served to. consumed bv. or in the possession of underage persons.
Except as permitted by Article L, Section 4, of the California Constitution, no person shall
knowingly suffer, permit or host a loud or unruly gathering or a gathering under his or her control
where persons under the age of twenty-one (2L) are present, and where intoxicants are in the
possession of, being consumed by, or served to any person under the age of twenty-one (21).
(Ord. 607 (part), 2008).
9.60.040 Violations/administrative fines.
(a) lt shall be a civil violation for a person to knowingly conduct or allow a
gathering of five or more persons under the age of twenty-one where alcohol is intoxicants are
served to, consumed by, or in the possession of an underage person or persons. The
enforcement officer, at his or her discretion, may immediately issue a citation for this civil
violation upon evidence of the violation. There is no requirement of a first warning in order for
the enforcement officer to issue this citation.
(b) Administrative Fine: A first violation of this chapter shall result in a citation
with a 5750 fine. A second violation and subsequent violations shall result in a citation with a
5i.,ooo f¡ne.
(c) The enforcement officer shall give notice of a violation of this chapter by
issuing a citation to any and all responsible persons identified by the chapter within 10 days of
the violation. The citation shall also give notice of the right to request an administrative hearing
to challenge the validity of the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost
recovery fee for public safety responses that may be assessed pursuant to section 9.60.050 (b).
(e) ln the event that the responsible person who is in violation of this chapter
is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and
severally liable for the civil violation. (Ord. 607 (part), 2008).
3
9.60.050 lmoosition of cost fee for nublic safetv resoonses.
(a) ln addition to any administrative fine imposed for violation of this section,
when any gathering where alcohol is intoxicants are served to, consumed by or in the possession
of underage person(s) occurs on private property and a public safety officer at the scene
determines that there is a threat to the public peace, health, safety or general welfare, the public
safety officer shall give to the person(s) responsible for the event a warning that a second or
follow up violation of this section on the same date or any later date will result in his/her/their
liability for the cost of providing public safety services (i.e., fire, ambulance, sheriff, and other
emergency providers). The requirement of a first warning does not limit the ability of public
safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on
the same day that the warning is given if the warning does not end the serving, consumption of
or possession of intoxicants by underage person(s) at any gathering. The cost recovery for public
safety responses shall be separate and distinct from a citation and administrative fine for a
violation described in section 9.60.040.
(b) The amount of cost recovery underthis subsection shall be calculated pursuant
to the Ross Town Fee Schedule.
(c) ln the eventthatthe responsible person who is in violation of this section is
a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and
severally liable for the imposition of penalties for the cost of providing public safety services.
(d) Cost recovery fee(s) will not be imposed for emergency services provided in
response to an actual emergency at the premises. (Ord. 607 (part), 2008).
O Án nÃn Llarrincc nn tha imnncif ^f o.l ministrative fi nac. Ânna¡lc
(a) Administrative Hearing. Any person subject to an administrative fine pursuant
to Section 9.60.040 or subject to a civil cost recovery fee for public safety responses pursuant to
Section 9.60.050 shall have the right to request an administrative hearing within 45 days of the
issuance of a citation for a civil violation of this ordinance and/or the issuance of a citation for
the imposition of civil cost recovery fees for a public safety response as specified in this ordinance
. To request such a hearing, the person requesting the hearing shall notify the Town Manager in
writing within 45 days of the issuance of the citation.
The Town Manager shall refer any request for a hearing to an Administrative
Law Judge. The Administrative Law Judge shall conduct a hearing on the matter within 90 days
of the request for the hearing unless one of the parties requests a continuance for good cause.
The Administrative Law Judge shall render a decision with 30 days of the conclusion of the
hearing. Either party may appeal the decision of the Administrative Law Judge pursuant to the
requirements set forth below in subsection (b).
(b) Appeal from Decision of Administrative Law Judge. The person issued an
administrative fine pursuant to this Chapter may appeal the decision of the Administrative Law
4
Judge. The Town may also appeal the decision of the Administrative Law Judge. No appeal can
lie unless the party filing the appeal has first properly requested and obtained a hearing under
Section 9.60.060(a).
The Appeal must be filed within 20 days after service of the final decision issued
by the Administrative Law Judge pursuant to California Government Code Section 53069.4,
subdivision (b). The procedures outlined in Government Code 53069.4 shall apply. (Ord. 607
(part), 2008).
9.60.070 Administrative fines- debt to : Enforcement. The amount of an
administrative fine and/or civil cost recovery fee for public safety responses pursuant to Section
9.60.050 shall be deemed a debt owed to the Town by the person found in violation of this
Chapter and, if that person is a juvenile, then also his/her parents or guardians. Any person owing
such fine shall be liable in an action brought in the name of the Town for recovery of such fine
and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if
the Town prevails, as the Town reserves the right to seek to recover reasonable attorney fees,
on a case by case basis, pursuant to California Government Code Section 38773.5 (b). ln those
cases in which the Town seeks to recover reasonable attorney fees, the other party may likewise
do so. (Ord. 607 (part), 2008).
9.60.080 Severabilitv. lf a ny section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect
the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this chapter, or its application to any other person or
circumstance. The Ross Town Council hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact
that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases is declared invalid or unenforceable. (Ord. 607 (part), 2008)."
SECTION 3: Severability. lf any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed th¡s Ordinance and each and every
section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutiona l.
SECTION 4: CEQA. The Town Council hereby finds that this Ordinance is not a "project" under
the California Environmental Quality Act ("CEQfl") because the Ordinance does not involve any
commitment to a specific project which may result in a potentially significant physical impact on
the environment as contemplated by Title 14, California Code of Regulations Section 1578(bX4).
The proposed ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(bX3)
because it can be seen with certainty that there is no possibility that the proposed updates to
the Town's regulations of loud and unruly gatherings will have a significant effect on the
environment. The proposed Ordinance imposes rules restricting the consumption of intoxicants.
5
Therefore, the proposed Ordinance by itself will not result in any physical changes on the
environment. A Notice of Exemption will be prepared.
SECTION 5: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other
Ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a waiver
of any penalty or the penal provisions applicable to any violation thereof.
SECTION 6: Certification. The Town Clerk shall certify to the passage and adoption of this
Ordinance and shall cause this Ordinance to be posted within 1-5 days after its passage, in
accordance with Section 36933 of the Government Code.
SECTION 7: Effective Date. This ordinance shall take effect thirty (30) days after its final
passage and adoption, and shall be posted in three public places in Town.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Ross Town Council on the
9th day of August, 20L8, and was adopted at a regular meeting of the RossTown Council on the
_ day of _, 2OL8 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
P. Beach Kuhl, Mayor
ATTEST:
Linda Lopez, Town Clerk
6
Sections:
Chapter 9.60
UNDERAGE DRINKING SOCIAL HOST ORDINANCE
Title
Definitions
Prohibition of loud or unruly gatherings where akoh€l intoxicants is are served to,
Consumed by, or in the possession of underage persons.
Violations/ad ministrative fines.
lmposition of cost recovery fee for public safety response.
Hearings on the imposition of administrative fines; Appeals.
Ad m inistrative fi nes-de bt to town; E nforcement
Severability.
9.60.0L0
9.60.020
9.60.030
9.60.040
9.60.0s0
9.60.060
9.60.070
9.60.080
9.60.0L0 Title. This chapter shall be known as the ness{+¿e+ageÐrinking Social Host
Ordinance. (Ord. 607 (part), 2008).
9.60.020 Definitions.The Following words and phrases, whenever used in this article, shall
have the following meanings:
(a) "Alcohol" means ethyl alcohol, hydrated oxide of alcohol, or spirits of wine, from
whatever source or by whatever process produced.(b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, liquor, 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) "Controlled Substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (Health & Safety Code Section
11000 et seq.). Such term does not include any drug or substance for which the individual
found to have consumed or possessed such substance has a valid prescription issued by a
licensed medical practitioner authorized to ¡ssue such a prescription, or in the case of
medical cannabis, a recommendation for medical marijuana from an approved provider, or a
State of California medical lD card.(d) "Marijuana" is defined as any part of the plant Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin and
includes concentrated marijuana. The prohibition herein includes marijuana in any form
including but not limited to cigarettes, vapor, food products containing marijuana and any
other product of marijuana that can be smoked or ingested; provided that, notwithstanding
the foregoing, it does not include a substance for which the individual found to have
consumed or possessed such substance has a recommendation for medical marijuana from
a licensed physician.
(e) "lntoxicants" means alcohol, controlled substances and/or marijuana as defined
herein.
(f) {+) "Juvenile" means any person less that eighteen (18) years of age.
fg)_{d} "Loud or unruly gathering" means anv of the following:
(1) a p€+tìÉ€iFgathering of five or more persons at a residence or on other private
property or rented public property where loud and unruM;
(2) a e+motor vehicles engaged in the tran
whether in common or contract carriage. or anv other entitv engaged in the
provision of a hired driver service when a rented motor vehicle is being operated bv a
hired driver ; ewned er rentedt
upon
which loud or unruly conduct occurs.
{g[¡l_S+¡€h+toud or unruly conduct constitutes a public nuisance and includes but is not
limited to the following:
(1) -Excessive noise;
(2) Excessive traffic;
(3) Obstruction of public streets and/or the presence of unruly crowds that have spilled
into public streets;
(4) Public drunkenness or unlawful public consumption of akehele++leehe{ie
b€Yerag€s i ntoxica nts;
(5) Assaults, batteries, fights, domestic violence or other disturbances of the peace;
(6) Vandalism;
(7) Litter; or
(8) Any other conduct that constitutes a threat to the public health, safety, or quiet
enjoyment of residential property of the general welfare.
{h}f¡)_{+) "Person Responsible for the event" Means and includes, but is not limited to:
l[The person that owns, rents, leases or otherwise has controlof the premises
upon which a loud or unrulv gathering occurs
$(Zl fne person or en motor vehicleq
ewned er rented¡ ef any type¡ er vehieles ef any type lieensed and/er hired te
transpert passengers in return fer payment ef a fare¡ whieh are under the
deemed to constitute a loud or unrulv
gathering
(3) The person that organized the eventloud or unrulv eath . lf the person
responsible for the loud or unrulv gatheringeve{+t is a juvenile, then the
juvenile and the parents or guardians of that juvenile will be jointly and
severally liable for the Administrative Fine and/or for the costs incurred for the
public safety services pursuant to this chapter.
fi)fl_{++ "Public Safety Services Costs" and/or "Response Costs" means the costs
associated with responses by law enforcement, fire and other emergency response
providers to loud or unruly gatherings, including but not limited to:
(1) The cost of law enforcement, fire or other response personnel for the amount
of time spent responding to, remaining at, or otherwise dealing with the loud
or unruly gathering, calculated as the public safety rate plus benefits times the
number of public safety officer hours at the scene of the emergency response
plus thirty-three percent overhead; and
(2) The cost of any medical treatment to or for any law enforcement, fire or other
emergency response personnel injured responding to, remaining at or leaving
the scene of the loud or unruly gathering; and
(3) The cost of any Town equipment or property, and the cost of repairing any
Town equipment or property damaged, in responding to, remaining at or
leaving the scene of a loud or unruly gathering.
{j)l$_{4J "Underage person" means any person less than twenty-one (2L) years of age.
(Ord. 607 (part), 2008).
9.60.030 Prohibition of loud or unrulv satherinss and eatherinss where akoh€.|js
intoxicants are served to. consumed bv, or in the possession of underaRe persons. Except as permitted
by Article L, Section 4, of the California Constitution, no person shall knowingly suffer, permit or host a
loud or unruly gathering
er meter+en¡ercs¡ o
transpert passengers in return fer paymenÈef a fare¡ whieh are under the ewnershiB er eentrel ef a
private persen¡ entity¡ er erganizatien ef any l<ind¡ or hes'tra te+¡e+'r+n+ult¡gathering a+++ublieff€€e
under his or her control where five er mere persons under the age of twenty-one (21) are present, and
where alee¡el¡e+eve+ages intoxicants are in the possession of, being consumed by, or served to any
. (Ord. 607 (part), 2008).
9.60.040 Violations/administrative fines. (a) lt shall be a civil violation for a person to
knowingly conduct or allow a le+td+r+nrulfgathering of five or more persons under the age of twenty-
one where êl€€h€.|-¡s intoxicants are served to, consumed by, or ¡n the possession of an underage person
or persons.
ides er en
un+utV*a+¡er¡n+ The enforcement officer, at his or her discretion, may immediately issue a citation for
this civil violation upon evidence of the violation. There is no requirement of a first warning in order for
the enforcement officer to issue this citation.
(b) Administrative Fine: A first violation of this chapter shall result in a citation with a
S750€g fine. A second violation and subsequent violations shall result in a citation with a SL,000€e
fine.
(c) The enforcement officer shall give notice of a violation of this chapter by issuing a
citation to any and all responsible persons identified by the chapter within 10 days of the violation. The
citation shall also give notice of the right to request an administrative hearing to challenge the validity of
the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost recovery
fee for public safety responses that may be assessed pursuant to section 9.60.050 (b).
(e) ln the event that the responsible person who is in violation of this chapter is a
juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable
for the civil violation. (Ord. 607 (part), 2008).
9.60.050 lmposition of cost recoverv fee for public safetv responses.
-(a)
ln addition to any administrative fine imposed for violation of this section, when any leud#
ufiruly gathering where aleehe.H+intoxicants are served to, consumed by or in the possession of
underage person(s) occurs on pr¡vate property and a public safety officer at the scene determines that
there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give
to the person(s) responsible for the event a warning that a second or follow up violation of this section
on the same date or any later date will result in his/her/their liability for the cost of providing public
safety services (i.e., fire, ambulance, sheriff, and other emergency providers). The requirement of a first
warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of
civil penalties for cost recovery on the same day that the warning is given if the warning does not end
the underage drinking serving, consumption of or possession of intoxicants by underage person(s) at a
+et +€+{n+ulyany gathering. The cost recovery for public safety responses shall be separate and distinct
from a citation and administrative fine for a violation described in section 9.60.040.
(b) The amount of cost recovery under this subsection shall be calculated pursuant to
Ross Town Fee Schedule.
(c ) ln the event that the responsible person who is in violation of this section ¡s a
juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable
for the imposition of penalties for the cost of providing public safety services.
(d) Cost recovery fee(s) will not be imposed in these situatiens where these present at
the€a+h€ring for emergency services feeprovided ¡n respon an actual emergency at the premises.
(ord. 607 (part), 2008).
9.60.060 Hearinss on the imposition of administrative fines; Appeals.(a) Administrative Hearing. Any person subject to an administrative fine pursuant to
Section 9.60.0430 or subject to a civil cost recovery fee for public safety responses pursuant to Section
9.60.050 shall have the right to request an administrative hearing within 45 days of the issuance of a
citation for a civil violation of this ordinance {Seet¡eng-6e$q-and/or the issuance of a citation for the
imposition of civil cost recovery fees for a public safety response as specified in this ordinance {S€€tio{+
9s0€5e]. To request such a hearing; the person requesting the hearing shall notify the Town Manager
in writing within 45 days of the issuance of the citation.
The Town Manager shall refer any request for a hearing under Seetien 9,60,030 and/er Seetien9Æ to an Administrative Law Judge. The Administrative Law Judge shall conduct a hearing on the
matter within 90 days of the request for the hearing unless one of the parties requests a continuance for
good cause. The Administrative Law Judge shall render a decision with 30 days of the conclusion of the
hearing. Either party may appeal the decision of the Administrative Law Judge pursuant to the
requirements set forth below in subsection (b).
(b)AppealfromDecisionofAdministrativeLawJudge'Theperson@
an administrative fine i+impesee pursuant to
his Chapter may appeal the decision of the
Administrative Law Judge. The Town may also appeal the decision of the Administrative Law Judge. No
appeal can lie unless the party filing the appeal has first properly requested and obtained a hearing
under Section 9.60.060(a).
The Appeal must be filed within 20 days after service of the final decision issued by the
Administrative Law Judge pursuant to California Government Code Section 53069.4, subdivision (b). The
procedures outlined in Government Code 53069.4 shall apply. (Ord. 607 (part), 2008).
9.60.070 Administrative fines- debt to town; Enforcement. The amount of an administrative
fine and/or civil cost recovery fee for public safety responses pursuant to Section 9.60.050 shall be
deemedadebtowedtotheTownbythepersonfoundinviolationof@and,
if that person is a juvenile, then also his/her parents or guardians. Any person owing such fine shall be
liable in an action brought in the name of the Town for recovery of such fine and/or fees. These
recovery costs may include reasonable attorney fees incurred in the action if the Town prevails, as the
Town reserves the right to seek to recover reasonable attorney fees, on a case by case basis, pursuant to
California Government Code Section 38773.5 (b). ln those cases in which the Town seeks to recover
reasonable attorney fees, the other party may likewise do so. (Ord. 607 (part), 2008).
9.60.080 Severabilitv. lf any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this chapter, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
chapter, or its application to any other person or circumstance. The Ross Town Council hereby declares
that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases is declared invalid or unenforceable. (Ord. 607 (part), 2008).