Staff Report with attachments
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/02/2021 ITEM NO: 10
DATE: October 28, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction to Strengthen the Town’s Social Host Ordinance and
Update the Youth Party Guidelines
RECOMMENDATION:
Provide direction to strengthen the Town’s Social Host Ordinance and update the Youth Party
Guidelines.
BACKGROUND:
The Town Council adopted modifications to its Municipal Code provisions regarding alcohol use
by minors (“social host”) in 1989, and in 1997 the Council established a youth curfew
(Attachment 1). Under the leadership of former Police Chief Scott Seaman, the Police
Department worked with the Youth Commission to establish Youth Party Guidelines in 2005
(Attachment 2).
Unfortunately, the use of alcohol by Los Gatos youth has become more prevalent and can lead
to other serious health and safety concerns [see Attachment 3, letter from Los Gatos Saratoga
Union High School District (LGSUHSD) Superintendent Dr. Grove]. In response, the Mayor has
placed this topic on the agenda to obtain direction from the Town Council to strengthen the
Town Code and update the Youth Party Guidelines.
DISCUSSION:
The issue of underage drinking is not unique to Los Gatos. An initial search of ordinances from
other municipalities found examples from Larkspur, Santa Barbara, Manhattan Beach, Ross, and
Sebastopol (see Attachments 4 through 8). The approaches of the other communities may
provide ideas for how Los Gatos can strengthen its own Ordinance. Alternatively, the Council
may have other direction based on public testimony received at the Council meeting. The
LGSUHSD will be making a presentation to the Council of its findings and concerns.
PAGE 2 OF 2 SUBJECT: Social Host Ordinance DATE: October 28, 2021
CONCLUSION:
Staff is looking forward to the Council’s discussion and direction to modernize the Town Code
on this topic, create a deterrent for underage alcohol consumption, and identify more
meaningful enforcement for youth and adults who may violate the new provisions. Staff also
recommends that the Youth Party Guidelines be referred to the Youth Commission for an
update.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney.
FISCAL IMPACT:
As with any Ordinance change, the Town does incur costs with MuniCode to incorporate the
modifications to the online and hardcopy versions of the Code. These expected expenditures
are budgeted annually.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Existing Social Host Ordinance
2. Existing Youth Party Guidelines
3. Letter from Dr. Grove, LGSUHSD Superintendent
4. Larkspur
5. Santa Barbara
6. Manhattan Beach
7. Town of Ross
8. Sebastopol
- CODE
Chapter 18 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. MINORS
Los Gatos, California, Code of Ordinances Created: 2021-07-02 12:00:04 [EST]
(Supp. No. 86)
Page 1 of 4 ATTACHMENT 1
ARTICLE III. MINORS
DIVISION 1. GENERALLY
Sec. 18.30.010. Supervision by parent or guardian of alcoholic beverage possession or
consumption by persons under twenty-one.
(a) No person under the age of twenty-one (21) years shall possess or consume any alcoholic beverage at any
place not open to the public, unless that person is being supervised by the person's parent or legal guardian.
(b) No person shall suffer, permit, allow or host a social gathering at the person's place of residence where one
(1) or more persons under the age of twenty-one (21) are present and alcoholic beverages are in the
possession of or being consumed by any person under the age of twenty-one (21) years and there is no
supervision by the parent or legal guardian of each of the participants under the age of twenty-one (21).
(c) Any person violating this section is guilty of a misdemeanor.
(Code 1968, § 17-44; Ord. No. 1791, § 1, 5-1-89)
Secs. 18.30.015—18.30.045. Reserved.
DIVISION 2. CURFEW
Sec. 18.30.050. Definitions.
For the purpose of this article, the following definitions shall apply:
Curfew hours means the period from 10:00 p.m. any night until 6:00 a.m. the following morning for minors
under the age of eighteen (18) years.
Emergency means an unforeseen circumstance or circumstances or the resulting situation that calls for
immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire or
explosion, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent bodily
injury or loss of life.
Establishment means any privately-owned place of business to which the public is invited including, but not
limited to, any place of amusement, entertainment, or recreation.
Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private
agency with whom a minor has been placed by a court.
Minor means any person under eighteen (18) years of age.
Operator means any individual, firm, association, partnership or corporation operating, managing or
conducting any establishment.
Parent means a person who is a natural parent, adoptive parent or step-parent of a minor.
Created: 2021-07-02 12:00:04 [EST]
(Supp. No. 86)
Page 2 of 4
Public place means any outdoor area to which the public or a substantial group of the public has access and
includes, but is not limited to streets, highways, sidewalks, alleys, parks, playgrounds, other public grounds,
common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a
peace officer, the owner, operator or other person in control of the premises.
Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian
to have the care and custody of a minor.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Tarry means remaining, wandering, strolling or playing without apparent purpose and while not under the
supervision of a parent, guardian or adult designated by a parent or guardian.
(Ord. No. 2038, § II, 12-1-97)
Sec. 18.30.055. Offenses.
It is unlawful for:
(1) Any minor to tarry in any public place or on the premises of any establishment within the Town during
curfew hours, or,
(2) Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to
tarry in any public place or on the premises of any establishment with the Town during curfew hours,
or,
(3) Any owner, operator or employee of any establishment to knowingly permit a minor to tarry in or upon
the premises of an establishment during curfew hours.
(Ord. No. 2038, § IV, 12-1-97)
Sec. 18.30.060. Defenses.
It is a defense to prosection of the above offenses that the minor was:
(1) Accompanied by the minor's parent or guardian or by a responsible adult;
(2) On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or
stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment
activity, without detour or stop;
(5) Acting in response to an emergency;
(6) On the sidewalk abutting the minor's residence or abutting any residence when in the company of the
resident, providing the minor is not otherwise violating the law;
(7) Returning directly home, without detour or stop, from a school, religious, cultural, sport, amusement,
entertainment, movie or recreation activity; or any organized rally, demonstration, meeting or similar
activity;
Created: 2021-07-02 12:00:04 [EST]
(Supp. No. 86)
Page 3 of 4
(8) Waiting at a bus stop or bus station for transportation, providing the next bus is scheduled to arrive in
no more than one (1) hour;
(9) On the plaza level of the Town Civic Center, providing the minor is not otherwise violating the law;
(10) Emancipated in accordance with the California Family Code or other applicable state law.
It is a defense to prosecution under offense (3) above, that the owner, operator or employee of an
establishment promptly notified the police department that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
(Ord. No. 2038, § VI, 12-1-97)
Sec. 18.30.065. Enforcement.
Before taking any enforcement action under this article, a peace officer shall ask the apparent offender's age
and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall
not issue a citation or detain a minor under this article unless the officer has probable cause to believe an offense
has occurred and based upon the minor's responses(s) and other circumstances, no defense under this article
appears present or applicable.
(Ord. No. 2038, § VIII, 12-1-97)
Sec. 18.30.070. Penalties.
Any person who violates a provision of this article is guilty of a separate offense for each day or part of a day
during which the violation is committed, continued or permitted. Any person who violates the offenses described
in this article shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and
procedure.
(Ord. No. 2038, § IX, 12-1-97)
Sec. 18.30.075. Severability.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this article. The town council hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of
the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently
be declared invalid or unconstitutional.
(Ord. No. 2038, § XI, 12-1-97)
Sec. 18.30.080. Minors under eighteen; exception.
It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll or play in
or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town
between the hours of 10:00 p.m. and daylight of the following day; provided, that the provisions of this section do
not apply when the minor is accompanied by the minor's parent, guardian or other adult person having the care
and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by the
Created: 2021-07-02 12:00:04 [EST]
(Supp. No. 86)
Page 4 of 4
minor's parent, guardian or other adult person having the care and custody of the minor or where the minor is
returning directly home from a meeting, dance, entertainment or recreational activity.
(Code 1968, § 17-3; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § III, 12-1-97)
Sec. 18.30.085. Responsibility of parents, guardians, etc.
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor
under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll or play in or upon the
public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in
violation of this division; provided, that the provisions of this section do not apply when the minor is accompanied
by the minor's parent, guardian or other adult person having the care and custody of the minor, or where the
minor is upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult
person having the care and custody of the minor or where the minor is returning directly home from a meeting,
dance, entertainment or recreational activity.
(Code 1968, § 17-4; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § V, 12-1-97)
Sec. 18.30.090. Processing after detention.
Whenever any Police or other officer charged with the duty of enforcing the laws of the State or ordinances
of the Town discovers or has attention called to the fact that any minor under the age of eighteen (18) years is
upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in
violation of this division, and that such minor is not accompanied by the minor's parent, guardian or other adult
person having the care and custody of the minor, or where the minor is not upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult person having the care and custody of
the minor or where the minor is not returning directly home from a meeting, dance, entertainment or recreational
activity, such officer shall have the authority to make an immediate investigation for the purpose of ascertaining
whether or not the presence of such minor upon or in any of the places designated is not prohibited by the
provisions of section 18.30.055.
(Code 1968, § 17-5; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § VII, 12-1-97)
ATTACHMENT 2
This Page Intentionally Left Blank
October 18, 2021
The Honorable Marico Sayoc
Mayor
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Dear Mayor Sayoc:
As the Los Gatos-Saratoga Union High School District settles into a new academic year, I write to
you seeking partnership with the Town of Los Gatos in addressing a community issue.
Specifically, the District would like your assistance in combating the issue of under-age alcohol
consumption at private house parties held in the Los Gatos community.
As an educator, I am extremely concerned about this issue since teen alcohol consumption at
these parties has become the epicenter for a litany of serious health and safety issues that can
have serious lifelong consequences for our young people and our community. Research
indicates clear links between teen alcohol use and drunk driving, sexual assault, vandalism, and
other criminal acts related to impaired judgement, not to mention alcohol overdose and further
drug use. The aftermath of these incidents often impact other students and play themselves out
on our campuses. As a result of the prevalence and seriousness of these issues, our District has
made major investments in order to provide our students with prevention education and
support services.
To put this issue into context, in the most recent statewide California Healthy Kids Survey
(Winter 2020), 11th graders were asked if they had engaged in binge drinking (5 more drinks in a
row) during the last 30 days. The data indicating how many 11th grade students engaged in
binge drinking breaks down as follows:
●California State Average - 12%
●Los Gatos High School -16%
●Saratoga High School - 7%
●Mountain View Los Altos UHSD - 10%
●Palo Alto USD - 11%
ATTACHMENT 3
As the data illustrates, the Los Gatos community clearly has a higher rate of teen binge drinking
than the state average and higher than similar communities within our region. As one step to
combat this, the District has invested in a curricular effort to address a series of topics intended
to provide our students with the necessary information, tools, and confidence to be able to
make good decisions and to push back on peer pressure. In doing so, we are also seeking to
eradicate the negative issues that arise as a result of underage drinking.
By working together, through a combination of education and enforcement, I am confident we
will be able to combat an issue that is causing a tremendous amount of harm to our Los Gatos
High School student population and our community at large. We are thankful that the Town of
Los Gatos has an existing social host ordinance in place to help address teen alcohol use. We are
requesting that the Town partner with us to send a powerful message to our community
regarding the seriousness of teen alcohol use and to create a stronger deterrent to hosting
events with underage drinking by updating the Town’s existing social host ordinance to make it
the strongest in the state.
Social host laws serve two purposes*:
1)To create a disincentive for social hosts to furnish alcohol to individuals under age 21
due to the risk of possible criminal charge, litigation, and possible substantial monetary
losses; and
2)To allow those injured due to illegal furnishing of alcohol to individuals under age 21 to
gain compensation from the person(s) responsible for their injuries.
I thank you in advance for your time, and I look forward to further conversation around this
topic.
Respectfully,
Michael Grove, Ed.D.
Superintendent
cc: Los Gatos Town Council
*Cited from Substance Abuse and Mental Health Services Administration “Preventing and Reducing
Underage Drinking.”
AGENDA ITEM 7.1
1
CITY OF LARKSPUR
Staff Report
December 5, 2018 City Council Meeting
DATE: November 13, 2018
TO: Honorable Mayor Hillmer and the Larkspur City Council
FROM: Dan Schwarz, City Manager
SUBJECT: CONSIDERATION OF ORDINANCE 1031 AMENDING CHAPTER 19.01 OF THE LARKSPUR
MUNICIPAL CODE ENTITLED “SOCIAL HOST ACCOUNTABILITY ORDINANCE” TO ADD CONTROLLED SUBSTANCES AND MARIJUANA, INCLUDE PARTY BUSES AND
LIMOUSINES, AND ADD PROVISIONS FOR REQUIRING PARTICIPATION BY OFFENDERS IN A RESTORATIVE JUSTICE PROGRAM ________________________________________________________________________________
ACTION REQUESTED Waive first reading and introduce Ordinance 1031.
SUMMARY AND BACKGROUND In 2008, the City Council adopted a Social Host Accountability Ordinance. The Ordinance prohibited any
person from permitting, allowing or hosting a party or other gathering at premises under his or her control
where two or more minors are present and alcoholic beverages are in the possession of or being consumed by one or more minors. The Ordinance vested discretion in the arresting officer to treat any violation as a criminal
offense or as an administrative penalty.
On January 1, 2013, the Central Marin Police Authority (CMPA) was created, made up of the City/Towns of
Corte Madera, Larkspur and San Anselmo. The Town of Corte Madera and the Town of San Anselmo also had Social Host Accountability Ordinances which were codified in their municipal codes. On June 13, 2017, the Marin County Board of Supervisors approved an amendment to the County Social Host Ordinance extending
its application to unruly gatherings where marijuana is present as well as encompassing any unruly gatherings on “party buses and limousines”.
DISCUSSION On May 3, 2018, after three prior discussions regarding potential amendments to the current Social Host Accountability Ordinance, the Central Marin Police Council directed staff to address the following items in the
proposed ordinance amendment:
1.Add the ingestion of controlled substances and marijuana to the ordinance;
2.Expand the definition of “premises” to include public premises, party bus, or limousine;3.Expand “the person in charge of the event” to include the owner, renter, or lessor;
4.Add a restorative justice element to the ordinance that would not place a burden on the Police
Authority or the individual cities/towns to implement and facilitate.
ATTACHMENT 4
AGENDA ITEM 7.1
2
The Town/City Managers have been asked to bring the amended ordinance request back to the respective councils for adoption. The intent is to mirror our ordinances to the best of our ability to assist Central Marin
Police Authority with their enforcement efforts.
FISCAL IMPACT
There is no fiscal impact associated with the requested action.
STAFF RECOMMENDATION
Staff recommends that Council waive first reading and introduce Ordinance 1031.
Respectfully submitted,
Jamie Kuryllo, City Clerk
Attachments 1. Amended Ordinance (Clean Version)
2. Amended Ordinance (Red Line Version)
Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE
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Chapter 19.01
Social Host Accountability Ordinance
Sections:
19.01.010 Purpose and Findings.
19.01.020 Definitions.
19.01.030 Unlawful Minor Gatherings
19.01.040 Enforcement and Penalties 19.01.050 Administrative Penalty Authority and Notice.
19.01.060 Hearing Request and Procedure.
19.01.070 Administrative Order.
19.01.080 Collections and Lien Proceedings.
19.01.090 Judicial Review. 19.01.100 Supplementary Enforcement Authority.
19.01.010 Purpose and Findings.
The City Council of the City of Larkspur does hereby find and declare all of the following:
A. The intent of this chapter is to protect the public health, safety and general welfare, rather than to punish;
B. The consumption of alcohol, the ingestion of controlled substances and the use or possession
of marijuana by persons under the age of twenty-one years is unlawful and presents a threat to
the well-being of the minor and other persons having contact with the minor who has consumed alcohol or used controlled substances or marijuana;
C. Any party or gathering where the person owning or controlling the premises or event suffers
or permits any minor to consume alcohol or ingest controlled substances and/or marijuana is being conducted in a manner that is not properly supervised or controlled and presents a threat to the public safety, health, and welfare;
D. Unsupervised parties on private or public property where alcohol, marijuana or controlled
substances are consumed by minors constitute a potential hazard for the partygoers and those who might come into contact with them during the party or after the minor leaves the party and enters the public domain;
E. Control by the police of unsupervised parties, gatherings, or events as described above is
necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public;
F. The occurrence of parties or gatherings as described above contributes to an increase in
alcohol and drug abuse and driving under the influence by minors, excessive noise, traffic, and
vandalism within the neighborhood or area of the party or gathering, and threatens public safety
Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE
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by permitting violations of law to go unpunished and unabated and increasing the risks of alcohol or drug related incidents causing personal injury and/or death; and
G. State law prohibiting conduct which contributes to the delinquency of minors does not
address liability for allowing consumption of alcohol by persons who are eighteen years of age
or older, but under the legal drinking age, on premises under the control of the adult. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.010)
19.01.020 Definitions.
As used in this chapter, the following terms shall be defined 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” 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 the possession and use of which are
regulated under the California Controlled Substances Act (California Health and 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 substances 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 marijuana ID card.
D. “Marijuana” is defined as any and all parts of the plant Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of such 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 or concentrated marijuana, hash
oil and any other product of marijuana that can be smoked or ingested.
E. “Person responsible for the event” means and includes, but is not limited to:
(1) The person who owns, rents, leases or otherwise has control of the private or public premises, party bus, limousine or other conveyance where the gathering occurs; and/or
(2) The person in charge of such premises; and/or
(3) The person who organized the event. If the person responsible for the event is a juvenile,
then the juvenile and the parents or guardians of that juvenile will be jointly and severally
liable under this chapter.
F. “Hearing Officer” means an individual selected by the City Manager from an existing list of
duly qualified hearing officers maintained for the purpose of hearing appeals under LMC
19.01.060. The employment, performance, evaluation, compensation and benefits of the Hearing
Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative
Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE
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citation fines upheld by the Hearing Officer.
G. “Minor” means any person less than twenty-one years of age.
H. “Juvenile” means any person less than eighteen years of age.
I. “City” means the City of Larkspur and its officers, employees, and all other persons acting
on its behalf.
J. “Party, gathering, or event” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity that is loud or unruly and which is occurring at a place where alcohol is being consumed or controlled substances/marijuana is
being ingested by one or more persons.
K. “Loud or unruly gathering” means a party or gathering of two or more persons at a residence
or on other private or public property or a party bus, limousine or other conveyance or rented property upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:
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 alcohol or alcoholic
beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or quiet
enjoyment of residential property or the general welfare. (Ord. 1007 § 1, 2015; Ord. 1002
§§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.020)
19.01.030 Unlawful Minor Gatherings
Except as permitted by Article 1, Section 4, of the California Constitution, no person responsible for an event shall suffer, permit, allow, or host a loud or unruly party, gathering, or event at his
or her place of residence or other private property, place, or premises under his or her control or
host a gathering at a public place under his or her control or arrange for a party bus, limousine or
other conveyance or the renting of same where two or more minors are present and alcoholic
beverages, controlled substances or marijuana are in the possession of, or being consumed by or ingested by, one or more minors. Any violation of this section shall be deemed a public nuisance.
Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE
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(Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.030)
19.01.040 Enforcement and Penalties
A. Upon a determination that a violation of LMC 19.01.030 has been committed, a public safety
officer of the Central Marin Police Authority may issue a notice of violation. A notice of
violation shall indicate whether the violation shall be enforced as a criminal offense or
administrative penalty. If the violation is enforced as a criminal offense, the notice of violation
shall be issued and forwarded for prosecution in the same manner as all other criminal offenses punishable as misdemeanors under this code. If the violation is enforced as an administrative
penalty, then the administrative penalty procedures in this chapter shall be followed.
B. In determining whether the offense should be subject to criminal prosecution, the officer
shall exercise his or her discretion in considering the following factors: the circumstances surrounding the incident; the number of complaints received regarding similar incidents at the
same location or involving the same persons within a twelve-month period; the number of
minors attending the party, gathering, or event, the number of minors consuming or in possession
of alcohol and/or marijuana or controlled substances, and the conduct of the minors attending the
gathering; and any other factors that would support criminal prosecution. The selection of criminal or administrative enforcement under this section shall not be subject to any form of
challenge or appeal.
C. If enforced as a criminal offense, a violation of LMC 19.01.030 is punishable as a
misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000) per violation.
D. If enforced as an administrative penalty, a first violation of LMC 19.01.030 shall be subject
to an administrative penalty of a fine in the amount of seven hundred fifty dollars ($750.00). A
second violation within a twelve-month period shall be subject to an administrative penalty of a
fine in the amount of eight hundred fifty dollars ($850.00). A third or subsequent violation within a twelve-month period shall be subject to an administrative penalty of a fine in the amount
of one thousand dollars ($1,000) for each violation. The Hearing Officer may in his or her
discretion require community service for a violation of LMC 19.01.030 in addition to or in lieu
of an administrative fine.
E. In the event that a person in violation of LMC 19.01.030 is a juvenile, then the juvenile and
the parents or guardians of that juvenile will be jointly and severally liable for any administrative
fine imposed under this chapter. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1
(part), 2008. Formerly 9.56.040)
19.01.050 Administrative Penalty Authority and Notice.
A. The administrative penalty proceedings described by this chapter shall be applicable to violations of this chapter only. The fines and administrative penalties provided under this chapter
are enacted under the authority of Government Code Sections 36901, 38773.5 and 53069.4.
B. A notice of violation enforceable by administrative penalties under this chapter shall include the following information:
Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE
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1. Date and location of the violation, including the address or definite description of the location where the violation occurred or is occurring;
2. Section of the code being violated and a description of the violation;
3. Notice that the violator may, within fifteen days of the date of the notice of violation, appeal said violation to the Hearing Officer;
4. An order prohibiting the continuation or repeated occurrence of a violation of this
code described in the notice of violation; and 5. The signature of the citing enforcement officer.
C. The notice of violation required under this section shall be personally served on the violator,
or shall be sent by registered or certified United States mail to the property owner at the last known address listed on the most recent tax assessor’s records. In the case of service by registered mail or certified mail upon the property owner, a copy of the notice of violation shall
be conspicuously posted at the property which is the subject of the notice of violation. The
failure of any person to receive a notice of violation that was sent via registered or certified mail
shall not affect the validity of any enforcement proceedings under this chapter. D. The Central Marin Police Authority shall retain a declaration of the person making service,
declaring the date, time and manner that service was made, and the date and place of posting if
applicable. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.060 Hearing Request and Procedure.
A. Any recipient of a notice of violation enforceable by administrative penalties under this chapter may request an appeal hearing to contest there was a violation, as specified in the notice
of violation, or that he or she is responsible for said violation, by completing a “request for
hearing form” and returning it to the City Clerk within fifteen days from the date of the notice of
violation. At the time of returning the request for hearing form to the City Clerk, the person or
entity requesting the appeal hearing shall pay an appeal processing fee of one hundred fifty dollars ($150.00). Failure to pay the appeal processing fee, or make arrangements for the
payment of the fee, may result in the hearing being postponed until the payment of such fee.
B. Any hearing conducted pursuant to this section shall be set for a date not less than fifteen
days nor more than sixty days from the date that the request for hearing form is filed in accordance with this chapter, unless the matter is urgent or good cause exists for an extension of
time, in which case the date for such hearing may be shortened, or extended, as warranted by the
circumstances.
C. Any hearing provided under this section shall provide a full opportunity for the person or persons subject to a notice of violation to appear and contest the determination that a violation
has occurred and/or that the violation continues to exist. If the appeal hearing involves a juvenile,
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such a hearing shall be private and confidential unless the juvenile’s parents/guardians specifically request that the hearing be public. The failure of any interested party to appear at a requested appeals hearing shall constitute a failure by such party to exhaust his/her/their
administrative remedies, and a waiver of the same.
D. At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the notice of violation. The Hearing Officer shall consider any written or oral evidence regarding the violation that may be presented by the violator, real property owner, any
officer or agent of the Authority and/or City, and any other interested party.
E. After receiving all of the evidence presented, the public testimony portion of the hearing shall be closed. The hearing officer may then consider what action, or actions, if any, should be taken, including the imposition of any fines or penalties.
F. Within thirty days following the conclusion of the hearing, the Hearing Officer shall issue
written findings and make a determination regarding the existence of the violation. If the Hearing Officer finds by a preponderance of the evidence that a violation occurred, the Hearing Officer shall issue a written finding of those facts. The decision of the Hearing Officer shall be final.
G. The recipient or recipients of a notice of violation shall be served with a copy of the decision
of the Hearing Officer, including an administrative order if one is issued, in the manner and method set forth by LMC 19.01.050(C). (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.070 Administrative Order.
If the Hearing Officer determines that a violation occurred as set forth by the notice of violation,
the Hearing Officer shall issue an administrative order.
A. An administrative order may impose an administrative fine in the applicable amount set forth by LMC 19.01.040(D) per violation, or, in the alternative, a number of hours of community
service as determined by the Hearing Officer. The denial of community service by the Hearing
Officer may not be appealed under Government Code Section 53069.4.
B. Any appeal processing fee that is paid pursuant to LMC 19.01.060(A) shall be refunded to the payee if it is determined, after a hearing, that the person charged in the notice of violation
was not responsible for the violation or that there was no violation as charged in said notice.
(Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.080 Collections and Lien Proceedings.
A. Any administrative fine or penalty in the amount set forth by the notice of violation, if an appeal is not requested in a timely manner, or as ordered by the Hearing Officer, if the matter is timely appealed, shall be paid to the City within thirty days of service of the notice of violation
or administrative order, unless an extension of time is requested by the violator and granted by
the City.
B. Payment of a fine or penalty imposed pursuant to this chapter shall not excuse or permit any
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continuation or repeated occurrence of the violation that is the subject of the notice of violation. C. Any administrative penalty or fines imposed within the notice of violation, if no timely
appeal is made, or ordered by the Hearing Officer, if the matter is appealed, are a debt owed to
the City. In addition to all other means of enforcement, any fines or penalties specified in the
notice of violation, if no timely appeal is made, or specified in the administrative order of the Hearing Officer, may be enforced as a personal obligation of the violator.
D. If the violation is connected with real property and the violator is an owner of the real
property, any fines or penalties may be enforced by imposition of a lien on the real property. The
Central Marin Police Authority shall prepare and file with the City Clerk a report stating the amount due and owing. The City may record notice of this lien after a hearing before the City Council to consider any protest or objection to the lien. The City shall serve notice of the hearing
upon the owner of record of the real property, based on the last equalized assessment roll or the
supplemental roll, whichever is more current. The notice of hearing shall include the time, date,
and place of the hearing and the amount of the lien to be imposed, and shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon
the property for a period of ten days and publication thereof in a newspaper of general circulation
published in Marin County, California. If the City Council determines that the lien should be
imposed, the City may cause notice of the lien to be recorded with the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. Any fee imposed on the City by the County Recorder for costs of processing and recording the lien and
the cost of providing notice to the property owner in the manner described herein may be
recovered from the property owner in any foreclosure action to enforce the lien after recordation.
E. The remedies set forth in this section are not exclusive. The City may collect administrative
penalties and fines by the use of the small claims court or by any other legal remedy. (Ord. 1007
§ 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.090 Judicial Review.
Any person aggrieved by an administrative fine determination of the Hearing Officer may obtain
review of that decision by filing a petition for review in the Marin County Superior Court, in accordance with Government Code Section 53069.4. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3,
2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.050)
19.01.100 Supplementary Enforcement Authority.
Nothing in this chapter shall prevent the City from initiating a civil or administrative action, or
any other legal or equitable proceeding, to obtain compliance or to discourage noncompliance with the provisions of this code. The enforcement procedures described by this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance
with the provisions of this code and are expressly intended to be in addition to any other
remedies provided by law. It is the intent of the City Council that the immunities prescribed in
Penal Code Section 836.5 shall be applicable to personnel of the Central Marin Police Authority and of the City acting in the course and scope of employment pursuant to this chapter. (Ord.
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1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.060)
The Larkspur Municipal Code is current through Ordinance
1025, passed November 15, 2017, and other legislation
passed December 6, 2017.
Disclaimer: The City Clerk's Office has the official version of the Larkspur Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
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Chapter 19.01
Social Host Accountability Ordinance
Sections:
19.01.010 Purpose and Findings. 19.01.020 Definitions.
19.01.030 Unlawful Minor Gatherings 19.01.040 Enforcement and Penalties
19.01.050 Administrative Penalty Authority and Notice. 19.01.060 Hearing Request and Procedure.
19.01.070 Administrative Order. 19.01.080 Collections and Lien Proceedings.
19.01.090 Judicial Review. 19.01.100 Supplementary Enforcement Authority.
19.01.010 Purpose and Findings.
The City Council of the City of Larkspur does hereby find and declare all of the following:
A. The intent of this chapter is to protect the public health, safety and general welfare, rather
than to punish;
A.B. The consumption of alcohol alcohol, the ingestion of controlled substances and the use or possession of marijuana by persons under the age of twenty-one years is unlawful and presents a
threat to the well-being of the minor consuming alcohol and other persons having contact with the minor that who has consumed alcohol or used controlled substances or marijuana; B.C. Any party or gathering where the person owning or controlling the premises or event suffers or permits any minor to consume alcohol or ingest controlled substances and/or marijuana is being conducted in a manner that is not properly supervised or controlled and presents a threat to the public safety, health, and welfare; C.D. Unsupervised parties on private or public property where alcohol, marijuana or controlled substances are is consumed by minors constitute a potential hazard for the partygoers and those who might come into contact with them during the party or after the minor leaves the party and
enters the public domain;
D.E. Control by the police of unsupervised parties, gatherings, or events on private property at which alcohol is consumed by minorsas described above is necessary when such activity is
determined to be a threat to the peace, health, safety, or general welfare of the public;
E.F. The occurrence of parties or gatherings at which minors consume alcoholas described above contributes to an increase in alcohol and drug abuse and driving under the influence by
minors, excessive noise, traffic, and vandalism within the neighborhood or area of the party or
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gathering, and threatens public safety by permitting violations of law to go unpunished and unabated and increasing the risks of alcohol or drug- related incidents causing personal injury and/or death; and F.G. State law prohibiting conduct which contributes to the delinquency of minors does not address liability for allowing consumption of alcohol by persons who are eighteen years of age or older, but under the legal drinking age, on premises under the control of the adult. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.010)
19.01.020 Definitions.
As used in this chapter, the following terms shall be defined 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” 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 the possession and use of which are regulated under the California Controlled Substances Act (California Health and 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 substances 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 marijuana ID card.
D. “Marijuana” is defined as any and all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such 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 or concentrated marijuana, hash oil and any other product of marijuana that can be smoked or ingested.
E. “Person responsible for the event” means and includes, but is not limited to: (1) The person who owns, rents, leases or otherwise has control of the private or public
premises, party bus, limousine or other conveyance where the gathering occurs; and/or (2) The person in charge of such premises; and/or
B. (3) The person who organized the event. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and
severally liable under this chapter.
C.F. “Hearing Officer” means an individual selected by the City Manager from an existing list
of duly qualified hearing officers maintained for the purpose of hearing appeals under LMC 19.01.060. The employment, performance, evaluation, compensation and benefits of the Hearing
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Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.
D.G. “Minor” means any person less than twenty-one years of age.
E.H. “Juvenile” means any person less than eighteen years of age.
F.I. “City” means the City of Larkspur and its officers, employees, and all other persons acting
on its behalf.
G.J. “Party, gathering, or event” means a group of persons who have assembled, or are
assembling, for a social occasion or for a social activity that is loud or unruly and which is occurring at a place where alcohol is being consumed or controlled substances/marijuana is
being ingested by one or more persons.
H.K. “Loud or unruly gathering” means a party or gathering of two or more persons at a
residence or on other private or public property or a party bus, limousine or other conveyance or rented public property upon which loud or unruly conduct occurs. Such loud or unruly conduct
constitutes a public nuisance and includes but is not limited to:
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 alcohol or alcoholic beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.020)
19.01.030 Unlawful Minor Gatherings on Private Property.
Except as permitted by Article 1, Section 4, of the California Constitution, no person responsible for an event shall suffer, permit, allow, or host a loud or unruly party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control or host a gathering at a public place under his or her control or arrange for a party bus, limousine or other conveyance or the renting of same where two or more minors are present and alcoholic beverages, controlled substances or marijuana are in the possession of, or being consumed by or
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ingested by, one or more minors. Any violation of this section shall be deemed a public nuisance. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.030)
19.01.040 Enforcement and Penalties
A. Upon a determination that a violation of LMC 19.01.030 has been committed, a public safety
officer of the Central Marin Police Authority may issue a notice of violation. A notice of violation shall indicate whether the violation shall be enforced as a criminal offense or
administrative penalty. If the violation is enforced as a criminal offense, the notice of violation shall be issued and forwarded for prosecution in the same manner as all other criminal offenses
punishable as misdemeanors under this code. If the violation is enforced as an administrative penalty, then the administrative penalty procedures in this chapter shall be followed. B. In determining whether the offense should be subject to criminal prosecution, the officer shall exercise his or her discretion in considering the following factors: the circumstances surrounding the incident; the number of complaints received regarding similar incidents at the same location or involving the same persons within a twelve-month period; the number of minors attending the party, gathering, or event, the number of minors consuming or in possession of alcohol and/or marijuana or controlled substances, and the conduct of the minors attending the gathering; and any other factors that would support criminal prosecution. The selection of criminal or administrative enforcement under this section shall not be subject to any form of
challenge or appeal.
C. If enforced as a criminal offense, a violation of LMC 19.01.030 is punishable as a misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000) per violation.
D. If enforced as an administrative penalty, a first violation of LMC 19.01.030 shall be subject
to an administrative penalty of a fine in the amount of seven hundred fifty dollars ($750.00). A second violation within a twelve-month period shall be subject to an administrative penalty of a
fine in the amount of eight hundred fifty dollars ($850.00). A third or subsequent violation within a twelve-month period shall be subject to an administrative penalty of a fine in the amount
of one thousand dollars ($1,000) for each violation. The Hearing Officer may in his or her discretion require community service for a violation of LMC 19.01.030 in addition to or in lieu of an administrative fine. E. In the event that a person in violation of LMC 19.01.030 is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for any administrative fine imposed under this chapter. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.040)
19.01.050 Administrative Penalty Authority and Notice.
A. The administrative penalty proceedings described by this chapter shall be applicable to violations of this chapter only. The fines and administrative penalties provided under this chapter
are enacted under the authority of Government Code Sections 36901, 38773.5 and 53069.4. B. A notice of violation enforceable by administrative penalties under this chapter shall include
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the following information: 1. Date and location of the violation, including the address or definite description of the location where the violation occurred or is occurring; 2. Section of the code being violated and a description of the violation; 3. Notice that the violator may, within fifteen days of the date of the notice of violation,
appeal said violation to the Hearing Officer;
4. An order prohibiting the continuation or repeated occurrence of a violation of this code described in the notice of violation; and
5. The signature of the citing enforcement officer.
C. The notice of violation required under this section shall be personally served on the violator,
or shall be sent by registered or certified United States mail to the property owner at the last known address listed on the most recent tax assessor’s records. In the case of service by
registered mail or certified mail upon the property owner, a copy of the notice of violation shall be conspicuously posted at the property which is the subject of the notice of violation. The failure of any person to receive a notice of violation that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter. D. The Central Marin Police Authority shall retain a declaration of the person making service, declaring the date, time and manner that service was made, and the date and place of posting if applicable. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.060 Hearing Request and Procedure.
A. Any recipient of a notice of violation enforceable by administrative penalties under this chapter may request an appeal hearing to contest there was a violation, as specified in the notice
of violation, or that he or she is responsible for said violation, by completing a “request for hearing form” and returning it to the City Clerk within fifteen days from the date of the notice of violation. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the appeal hearing shall pay an appeal processing fee of one hundred fifty dollars ($150.00). Failure to pay the appeal processing fee, or make arrangements for the payment of the fee, may result in the hearing being postponed until the payment of such fee. B. Any hearing conducted pursuant to this section shall be set for a date not less than fifteen days nor more than sixty days from the date that the request for hearing form is filed in accordance with this chapter, unless the matter is urgent or good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the
circumstances.
C. Any hearing provided under this section shall provide a full opportunity for the person or persons subject to a notice of violation to appear and contest the determination that a violation
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has occurred and/or that the violation continues to exist. If the appeal hearing involves a juvenile, such a hearing shall be private and confidential unless the juvenile’s parents/guardians specifically request that the hearing be public. The failure of any interested party to appear at a requested appeals hearing shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same. D. At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the notice of violation. The Hearing Officer shall consider any written or oral
evidence regarding the violation that may be presented by the violator, real property owner, any officer or agent of the Authority and/or City, and any other interested party.
E. After receiving all of the evidence presented, the public testimony portion of the hearing
shall be closed. The hearing officer may then consider what action, or actions, if any, should be taken, including the imposition of any fines or penalties.
F. Within thirty days following the conclusion of the hearing, the Hearing Officer shall issue
written findings and make a determination regarding the existence of the violation. If the Hearing Officer finds by a preponderance of the evidence that a violation occurred, the Hearing Officer
shall issue a written finding of those facts. The decision of the Hearing Officer shall be final. G. The recipient or recipients of a notice of violation shall be served with a copy of the decision of the Hearing Officer, including an administrative order if one is issued, in the manner and method set forth by LMC 19.01.050(C). (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.070 Administrative Order.
If the Hearing Officer determines that a violation occurred as set forth by the notice of violation,
the Hearing Officer shall issue an administrative order.
A. An administrative order may impose an administrative fine in the applicable amount set forth by LMC 19.01.040(D) per violation, or, in the alternative, a number of hours of community
service as determined by the Hearing Officer. The denial of community service by the Hearing Officer may not be appealed under Government Code Section 53069.4. B. Any appeal processing fee that is paid pursuant to LMC 19.01.060(A) shall be refunded to the payee if it is determined, after a hearing, that the person charged in the notice of violation was not responsible for the violation or that there was no violation as charged in said notice. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.080 Collections and Lien Proceedings.
A. Any administrative fine or penalty in the amount set forth by the notice of violation, if an
appeal is not requested in a timely manner, or as ordered by the Hearing Officer, if the matter is timely appealed, shall be paid to the City within thirty days of service of the notice of violation
or administrative order, unless an extension of time is requested by the violator and granted by the City.
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B. Payment of a fine or penalty imposed pursuant to this chapter shall not excuse or permit any continuation or repeated occurrence of the violation that is the subject of the notice of violation. C. Any administrative penalty or fines imposed within the notice of violation, if no timely appeal is made, or ordered by the Hearing Officer, if the matter is appealed, are a debt owed to the City. In addition to all other means of enforcement, any fines or penalties specified in the notice of violation, if no timely appeal is made, or specified in the administrative order of the Hearing Officer, may be enforced as a personal obligation of the violator.
D. If the violation is connected with real property and the violator is an owner of the real
property, any fines or penalties may be enforced by imposition of a lien on the real property. The Central Marin Police Authority shall prepare and file with the City Clerk a report stating the
amount due and owing. The City may record notice of this lien after a hearing before the City Council to consider any protest or objection to the lien. The City shall serve notice of the hearing
upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date,
and place of the hearing and the amount of the lien to be imposed, and shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after a
diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Marin County, California. If the City Council determines that the lien should be imposed, the City may cause notice of the lien to be recorded with the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. Any fee imposed on the City by the County Recorder for costs of processing and recording the lien and the cost of providing notice to the property owner in the manner described herein may be recovered from the property owner in any foreclosure action to enforce the lien after recordation.
E. The remedies set forth in this section are not exclusive. The City may collect administrative penalties and fines by the use of the small claims court or by any other legal remedy. (Ord. 1007
§ 1, 2015; Ord. 1002 §§ 2, 3, 2015)
19.01.090 Judicial Review.
Any person aggrieved by an administrative fine determination of the Hearing Officer may obtain review of that decision by filing a petition for review in the Marin County Superior Court, in accordance with Government Code Section 53069.4. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.050)
19.01.100 Supplementary Enforcement Authority.
Nothing in this chapter shall prevent the City from initiating a civil or administrative action, or any other legal or equitable proceeding, to obtain compliance or to discourage noncompliance
with the provisions of this code. The enforcement procedures described by this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance
with the provisions of this code and are expressly intended to be in addition to any other remedies provided by law. It is the intent of the City Council that the immunities prescribed in Penal Code Section 836.5 shall be applicable to personnel of the Central Marin Police Authority
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and of the City acting in the course and scope of employment pursuant to this chapter. (Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015; Ord. 961 § 1 (part), 2008. Formerly 9.56.060)
The Larkspur Municipal Code is current through Ordinance 1025, passed November 15, 2017, and other legislation passed December 6, 2017. Disclaimer: The City Clerk's Office has the official version of the Larkspur Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Agenda Item: 8
CITY OF SANTA BARBARA
PARK AND RECREATION COMMISSION REPORT
AGENDA DATE: April 23, 2008
TO: Parks and Recreation Commission
FROM: Teen Programs, Parks and Recreation Department
SUBJECT: Proposed Social Host Ordinance
RECOMMENDATION: That Commission hears a report from staff regarding a Proposed Social Host Ordinance under consideration by the City Council Ordinance Committee.
DISCUSSION:
The Alcohol and Drug Abuse Prevention (ADAP) Teen Coalition, in conjunction with
Council on Drug and Alcohol (CADA) Fighting Back’s Public Policy Task Force, Friday Night Live, Future Leaders of America, and the Santa Barbara Youth Council is advocating
for passage of a Social Host Ordinance in the City of Santa Barbara.
Background and Accomplishments
The ADAP Teen Coalition, supported by a grant from the County of Santa Barbara Alcohol, Drug, and Mental Health Services for the past five years, has worked to reduce
underage drinking in the City of Santa Barbara, generally through education and
environmental prevention. Their focus has ranged from gathering local drug and alcohol
data to youth access to alcohol in the retail environment. Currently, their focus has been on public policy.
As part of this focus, the ADAP Teen Coalition has partnered with several other agencies,
including Fighting Back’s Public Policy Task Force, Future Leaders of America, Friday
Night Live/Club Live, the Santa Barbara Police Department, and the Santa Barbara Youth Council. With their partners, the ADAP Teen Coalition has performed an extensive review, conducted research, and gathered support for a Social Host Ordinance in the City of Santa
Barbara. This research has included Peer Focus Groups conducted by ADAP Teen
Coalition members at 4 middle and high schools. It was found that over 90% of the
students said that ‘home’ was the number 1 place to get and consume alcohol, and 80% saw a direct connection between underage drinking and youth violence. The research also included gathering data from other cities and counties with existing ordinances, including
the County of Ventura, and cities of Carpinteria and Santa Maria.
Underage drinking costs the nation at least $53 billion a year, mostly because of traffic deaths and violent crimes, according to a 2003 report by the National Research
Council’s Institute of Medicine. The report, which urged communities to hold hosts
ATTACHMENT 5
Park and Recreation Commission Report
Social Host Ordinance
April 23, 2008
Page 2
accountable for teen drinking, was a catalyst for many recent Social Host Ordinances.
Most cities have focused on the civil liability and have been successful.
Social Host Ordinance
Purchase, possession, or consumption of alcohol by minors in public or commercial
settings is already prohibited under state law. However, state law does not prohibit
youth consumption of alcohol on private property. A Social Host Ordinance is a law that
holds non-commercial individuals responsible for underage drinking at parties, on
property they own, lease, or otherwise control. Establishing a Social Host Ordinance can fill the gap in the law by providing law enforcement a tool to help address the
problem of underage drinking. It allows law enforcement to pro-actively look at
underage drinking at private parties and allows an officer to cite responsible hosts
before a party becomes unruly. This ordinance also gives the police an additional tool to
remind “hosts” of the ramifications of underage drinking at their party. Currently, officers can only address parties that are unruly or violate the City’s noise ordinance. Included
in the ordinance, would be exceptions in any such ordinance to protect family, cultural,
and religious events where parents or guardians give their permission for their children
to take part in events which may involve the consumption of alcohol.
On November 5, 2007, the Santa Barbara Youth Council held a workshop on the Social
Host Ordinance. It was the unanimous decision of the Youth Council to endorse the
proposed Ordinance and join the ADAP Teen Coalition to recommend that this matter
be submitted to the City’s Ordinance Committee with the following recommendations:
That there is an educational component to the ordinance in lieu of paying the
fine.
That a portion of any paid fine goes to supporting teen prevention programs and
services
That youth are intricately involved in the drafting of the ordinance and the educational component.
That an awareness campaign is undertaken to educate the community about the
new ordinance.
On April 8, 2008, Teen Programs, Santa Barbara Youth Council and ADAP gave a presentation to City Council regarding the Social Host Ordinance. The Council
unanimously approved the recommendation to direct staff to submit a proposed Social
Host Ordinance to the Ordinance Committee for consideration and return with a
recommendation to Council. It was also recommended that a Santa Barbara Youth
Council and ADAP member serve on the Ordinance Committee during meetings when the ordinance was being discussed. It is expected to take a few months to complete the
draft ordinance.
Park and Recreation Commission Report
Social Host Ordinance
April 23, 2008
Page 3
PREPARED BY: Susan Young, Recreation Supervisor
SUBMITTED BY: Sarah Hanna, Recreation Programs Manager
APPROVED BY: Nancy L. Rapp, Parks and Recreation Director
This Page Intentionally Left Blank
Agenda Item #:
Staff Report
City of Manhattan Beach
TO: Honorable Mayor Tell and Members of the City Council
THROUGH: Geoff Dolan, City Manager
FROM: Rod Uyeda, Chief of Police
Randy Leaf, Captain
DATE: February 20, 2007
SUBJECT: Adoption of an Ordinance that Holds Non-Commercial Individuals Responsible
for Underage Drinking of Alcoholic Beverages on Property they Own, Lease or Otherwise
Control, Known as a Social Host Ordinance.
RECOMMENDATION:
Staff recommends that the City Council Adopt Ordinance No. 2096.
FISCAL IMPLICATION:
Implementation of this ordinance may require some additional staff time for enforcement and
fine collection, however the increase is expected to be slight and accomplished by existing staff
and resources.
BACKGROUND: On February 6, 2007, the City Council unanimously approved the introduction of Ordinance No. 2096, which creates a Civil Social Host Ordinance and adds Chapter 4.128 to the Manhattan Beach Municipal Code.
DISCUSSION: As part of the City Council’s 2005-2007 Work Plan, the Police Department was tasked with
researching a Social Host Ordinance; similar to what exists in San Diego and Ventura Counties,
as an additional tool to help address unruly parties and underage drinking
A Social Host Ordinance is a law that holds non-commercial individuals responsible for
underage drinking at parties on property they own, lease, or otherwise control. Purchase,
possession or consumption of alcohol by minors in public or commercial settings is already
prohibited under state law. However, state law does not prohibit youth consumption of alcohol
on private property.
Establishing a Social Host Ordinance can fill the gap in the law by providing law enforcement a
tool to help address the problem of underage drinking at parties. There would be exceptions in
ATTACHMENT 6
Agenda Item #:
Page 2
any such ordinance to protect family and cultural events where parents or guardians give their
permission for their children to take part in events which may involve the consumption of
alcohol.
Social Host Ordinances were created on these basic premises:
• Municipalities have the authority to enact laws that promote public health, safety, and general
welfare.
• The occurrence of underage drinking parties on private property is harmful to the underage
persons, and is a threat to public safety and the general welfare of the community.
• Persons responsible for the occurrence of parties, or in possession/control of the property, have
a duty to ensure that alcoholic beverages are not served to, or consumed by, underage persons.
• Police authority at such gatherings is necessary when such activities are determined to be a
threat to the peace, health, safety, or general welfare of the public.
• Police Officers are often required to make multiple responses to the location of a gathering
where alcoholic beverages are consumed by minors in order to disperse uncooperative
participants – causing a drain on public safety resources, and in some cases, leaving other areas
of the City with delayed police response.
• Problems associated with such gatherings are difficult to prevent and deter unless law
enforcement officers have the legal authority to do so.
• Penalties against the responsible party will serve as an effective strategy for deterring underage
drinking parties – thereby reducing alcohol consumption and abuse by minors, physical
altercations and injuries, neighborhood vandalism, and excessive noise disturbance, and thus
improving public safety.
Different Types of Social Host Ordinances
Two main types of Social Host Ordinances have been enacted in Southern California cities – one
which penalizes violators civilly, and one which criminalizes the violation as a misdemeanor.
Criminal Liability Ordinances – About two-thirds of the cities in San Diego County have
established criminal liability ordinances. San Diego was the first city to implement a social host
ordinance to help reduce underage drinking. However, in October 2004, the San Diego’s
ordinance was deemed unconstitutional by a panel of Superior Court judges. Their ruling was on
the grounds that the ordinance was “constitutionally impermissible” because of “the lack of mens
rea”, or criminal intent, and because it violated a person’s right to due process. Under San
Diego’s ordinance, a person could be convicted even if they were unaware, or would not
reasonably know, (1) that a party was taking place, or (2) that minors were present and
consuming alcohol.
The City of San Diego has recently implemented a revised ordinance, approved by City Council
in April 2006. The amendments (1) impose a duty on social hosts to take all reasonable steps to
ensure that a minor is not consuming alcoholic beverages, and (2) add the requisite mens rea, or
knowledge element. Further, the ordinance now clarifies the remedies available to the City of
San Diego, including criminal prosecution, civil enforcement, and recovery of response costs.
Many San Diego County cities that patterned their ordinance after San Diego’s ordinance have
suspended enforcement of their social host ordinances until they too can revisit and amend their
ordinances. In the interim, ordinances in those cities remain on the books as a deterrent.
Agenda Item #:
Page 3
The Los Angeles County District Attorney’s Office was contacted regarding a criminal social
host ordinance. Their office felt that due to the number of issues being raised about the legality
of the ordinance being attacked in San Diego, their office would recommend against the
implementation of a similar ordinance.
Civil Liability Ordinances – Ventura County cities have also established Social Host ordinances
- shifting penalties from criminal to civil, and charging administrative fines of $1,000 or more
for similar offenses.
The City of Ojai was the first city in Ventura County to adopt a social host ordinance. The City
of Ojai determined that a town of their size (population 8,000) could not afford a court challenge
like the City of San Diego and created an ordinance that focused on civil liability instead and has
been successful.
Other municipalities in Ventura County were also interested in pursing a civil social host
ordinance. The County of Ventura’s legal counsel noted that they were in favor of a civil citation
because it is less likely to be contested, but is still effective in deterring adults from allowing
underage drinking parties. Counsel also felt that the adoption of a civil liability ordinance would
be easier to defend as the burden of proof is higher in criminal cases.
Additionally, agencies in Ventura County have found it difficult to prosecute local law
infractions in a regional court setting; the civil liability ordinance has allowed them to bypass the
court system for the most part. As Manhattan Beach files most criminal cases with the Los Angeles County District Attorney’s office in the county courthouse in Torrance, we are similar to the agencies in Ventura County. The civil social host ordinance allows officers to proactively look at underage drinking at private parties and allow officers to cite irresponsible “hosts” before a party becomes unruly. This
ordinance also gives the police an additional tool to remind any “host” the ramifications of
underage drinking occurring at their party. Currently, officers can only address parties that are
unruly or violate the city’s noise ordinance.
A “host” is defined, but is not limited to, as the person or persons in control of the residence or
other private property and can include owners and/or lessee, the host themselves, a parent or
legal guardian, a minor who is also the “host”, or a tenant. A landlord could also be considered a
“host” provided that the landlord has received notice of prior unruly parties at their property
involving underage drinking.
Thus far, more than fifteen civil citations have been issued and paid in Ventura County for a
100% success rate in the County. The cities of Ojai, Thousand Oaks, Camarillo and County of
Ventura have each successfully cited several “hosts” for violating their social host ordinance and
fines have been paid. The cities of Simi Valley, Fillmore, Moorpark and Santa Paula have also
implemented civil Social Host Ordinances, but have not yet officially cited any persons yet. Law
enforcement agencies from all of the cities have found the civil ordinance to be a useful tool.
Agenda Item #:
Page 4
Fines and Penalties of Social Host Ordinances
Both criminal and civil ordinances present fines/penalties in two parts.
Part 1: A single-occasion house party where underage drinking is occurring is subject to a
citation and fine (and possible imprisonment under the criminal liability law).
Part 2: If the police have to return to a home party location within one year of the first
occurrence, the host would receive a citation and fine, and make restitution for the costs
associated with responding to the unruly gathering, including costs incurred by law
enforcement, fire, and/or other emergency response providers.
The majority of cities with civil social host ordinances adopted fines of approximately $1,000 for
each offense (plus response costs). The City of Thousand Oaks, which also adopted a civil
ordinance, set their fine standard well above other cities in the County – raising fines to $2,500
for the first offense, $3,500 for the second and $5,000 for the third and subsequent offenses (plus
response costs). These were fines that the City Council of Thousand Oaks felt were more
appropriate to sufficiently deter “hosts” and to convey the severity of the offense. Community
service may be substituted in cases where the financial burden is too great or where the “host” is a juvenile. The proposed civil Social Host Ordinance for Manhattan Beach has an administrative fine of $1000 per incident, not including response costs for the first incident within any consecutive 12 month period. For a second such incident within a consecutive 12 month period the fine is $2000
and for a third such incident within any consecutive 12 month period, the fine is $5000.
CONCLUSION The police department feels that a social host ordinance will be another tool to assist them in the
handling of unruly parties in addition to current laws that are available to deal with such
disturbances. Currently, parties are only addressed by the police when they become loud and
unruly. With a social host ordinance, a party would be considered unruly should the police find
underage drinking occurring and cite the host of such party immediately. This will likely prevent
a number of parties from escalating to a neighborhood disturbance. There will also be clear
message sent throughout the community that underage drinking under the guise of a private party
will not be tolerated and that “hosts” of such parties will be held accountable for such activity
occurring on their property.
Attachments: A. Ordinance No. 2096
71t
r#$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).
This Page Intentionally Left Blank
Agenda Item Number
Agenda Report Revie
City Manager:
CITY OF SEBASTOPOL
CITY COUNCIL
STAFF REPORT
Meeting Date:October 30,2018
To:Honorable Mayor and Honorable City Councilmembers
From:Police Chief James Conner
Subject:Approval of Waiving of Second Reading and Adoption of Ordinance #1114
Amending Municipal Code Chapter 810,Social Host Ordinance
Recommendation:Approval of Second Reading,Waiving of Further Reading and Adoption of
Ordinance 1114
Funding:Currently Budgeted:Yes No X N/A
Net General Fund Cost:
Amount:
Introduction:
At its October 16,2018, City Council Meeting,the City Council received the staff report, conducted a
public hearing,and discussed the ordinance Amending Municipal Code Chapter 810,Social Host.
Discussion:
Following the deliberations, the Council introduced and waived the first reading of Ordinance No.1114.
As discussed at this meeting,Sebastopol Municipal Code Section 8.10 SOCIAL HOST ORDINANCE is
amended to include cannabis products possessed for non-medicinal purposes,in recognition that youth
access to the substance is equally contrary to the public health and safety as is alcohol.It’s inclusion in
the ordinance would allow for those in control of a property where youth access is allowed to be cited
for violation of this code in the same way they are currently for allow~ng youth access to alcohol.
The ordinance is now presented for adoption.The Ordinance will go into effect in 30 days after
adoption.
Recommendation:
That the City Counci approve Second Reading;waiving of further reading,and Adoption of Ordinance
1114
Attachment:
Ordinance No.1114
Page 1 of 1
ATTACHMENT 8
ORDINANCE NUMBER 1114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL
ADOPTING A NEW CHAPTER 8.10 ENTITLED “SOCIAL HOST ORDINANCE”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTOPOL AS FOLLOWS:
Title 8 of the Sebastopol Municipal Code is hereby amended by adding a new Chapter 8.10
entitled “Social Host Ordinance”to read as follows:
CHAPTER 8.10
SOCIAL HOST ORDINANCE
8.10.010 Title
8.10.020 Findings and Purpose
8.10.030 Definitions
8.10.040 Duty of the Social Host
8.10.050 Prohibition of Underage Gatherings on Private Property and Public
Premises
8.10.060 Exception
8.10.070 Hosting by Juvenile
8.10.080 Enforcement
8.10.090 Penalties for Violations
8.10.100 Recovery of Response Costs
8.10.110 No Mandatory Duty of Care
8.10.120 Statutory Severability
8.10.130 CEOA
8.10.010 Title.
This ordinance shall be known as the “Social Host Ordinance”of the City of Sebastopol.
8.10.020 Findings and Purpose.
The City Council of the City of Sebastopol does hereby find that:
(1)The occurrence of underage social gatherings,defined in this ordinance as a gathering of
two or more underage persons on private or public property where alcoholic beverages or
cannabis products are consumed by underage persons,is harmful to such persons and a threat
to public welfare,health and safety.The Surgeon General’s Call to Action (2007)is hereby
incorporated by reference,to further establish the health,safety and public welfare concerns
that exist with underage drinking or cannabis use.
1
(2)Reliable research indicates that underage consumption of alcohol is a contributing
factor in the three leading causes of teenage deaths:1)unintentional injury,2)homicide and 3)
suicide.Underage drinking is associated with alcohol abuse and a negative impact on the
developing brain of youth.Likewise,it is associated with violent crimes including sexual offenses,
DUI and alcohol-related traffic deaths.Underage drinking is a common factor in public
disturbances)vandalism and physical altercations,all of which may require intervention by local
law enforcement.
(3)Research has identified easy access to alcohol or cannabis products and permissive
attitudes as two key factors that contribute to underage drinking or cannabis use.
(4)Local,state and national studies have established that underage youth most commonly
procure alcohol or cannabis from social sources (parties,friends,homes)and others who purchase
it for them.
(5)Underage social gatherings frequently occur on private or public property where adults
who own or control the property have failed to ensure that alcoholic beverages or cannabis
products are neither served to,nor consumed by underage persons.Furthermore,there are times
when parents or other adults are present at the social gathering who condone the underage
drinking or cannabis use and provide the alcohol or cannabis products.
(6)Problems associated with underage social gatherings on private or public property are
difficult to prevent and deter unless the Sebastopol Police Department has the legal authority to
direct the social host to disperse the gathering and to cite the social host.
(7)Law enforcement personnel have in the past been required to respond to underage social
gatherings on private and public property where alcoholic beverages or cannabis products are
provided to and consumed by underage persons.Such calls for service can result in a
disproportionate expenditure of public safety resources,and delay official responses to other calls.
(8)The City Council of the City of Sebastopol,pursuant to the City’s police powers under
Article Xl,sections 3 and S of the California Constitution,and the City Charter established pursuant
to such sections,has the authorityto enact and enforce laws that promote the public health,safety
and general welfare of its residents.
(9)An ordinance that imposes liability with penalties on social hosts is necessary to deter and
prevent such gatherings.Social hosts or anyone who organizes,supervises,aids,conducts,
permits,or controls the underage social gathering need not be present at such gathering to incur
liability under this ordinance.
(10)The purposes of this ordinance are to:
2
a)protect the public health,safety and welfare by deterring the service to and consumption
of alcoholic beverages or cannabis products by underage persons;and
b)to reduce the cost to the public of providing police response services.These purposes are
achieved by issuing a criminal citation which requires the social host to pay a fine and fees for
the actual costs incurred by the City.
The City Council,therefore finds that underage social underage gatherings held on private or
public property are a threat to the public peace,health,safety and general welfare,and a public
nuisance as they affect the entire Sebastopol community as well as the neighborhoods in which
they occur.
8.10.030 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 defines “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 defines “alcoholic beverage”
to mean alcohol,spirits,liquor,wine,beer 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)“Cannabis”means all parts of the plant Cannabis Sativa Linnaeus,Cannabis Indica,or
Cannabis Ruderalis,or any other strain or varietal of the genus Cannabis that may exist or
hereafter be discovered or developed that has psychoactive or medicinal purposes.
“Cannabis”also means marijuana as defined by section 11018 of the Health and Safety Code,
and amended by the California Control,Regulate,and Tax Adult use of Marijuana Initiative,
and as defined by other applicable state laws.“Cannabis”does not mean “industrial hemp”
as defined by section 11018.5 of the Health and Safety Code.Cannabis is classified as an
agricultural product separately from other agricultural crops.
(d)“Cannabis Product”means cannabis or a cannabis product,respectfully,intended to be sold
for either medical or adult use.
(e)“City”means the City of Sebastopol.
(f)“Juvenile”means any person under eighteen years of age.
3
(g)“Private or public property”means any location such as a residence and adjoining property,
an apartment,condominium,hotel or motel room,or other dwelling unit,or a hall or
meeting room,park or any other place of assembly,public or private,whether occupied on a
temporary or permanent basis,whether occupied as a dwelling or specifically for a party or
other social function,or used with or without permission or compensation.
(h)“Response costs”means the costs associated with responses by law enforcement to
underage social 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
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 underage social
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 underage social gathering;and
4)any costs recoverable in accordance with California Civil Code section 1714.9.
(i)“Social Host”means any person or persons with a right of possession of private or public
property at which an underage social gathering occurs,including,but not limited to the
following:
1)the owner of record as of the time of the underage social gathering or tenant or
lessee of the property;
2)any person who exercises control over the private or public property at the time
of the underage social gathering;
3)anyone who organizes,supervises,officiates,aids,conducts,allows,permits or
controls the underage social gathering.
4)A social host need not be present at such gathering to incur liability under this
ordinance.
(j)“Underage social gathering”means a party or gathering of two or more persons held on
private or public property in the City where alcoholic beverages or cannabis products are
consumed by any underage person.
(k)“Underage person”means any person under twenty-one years of age.
4
8.10.040 Duty of Social Host.
It is the duty of the Social Host to take reasonable steps to prevent underage access to alcoholic
beverages or cannabis products on private and public property.Such steps include,but are
not limited to:controlling the quantity of alcoholic beverages or cannabis products 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 or cannabis products while at the gathering;and supervising
the activities of underage persons at the gathering.
8.10.050 Prohibition of Underage Social Gatherings on Private and Public Property.
It is unlawful and a public nuisance for any person to knowingly host an underage social
gathering on private or public property in the City.For purposes of this chapter,a person
knowingly hosts an underage social gathering whenever the social host is aware that an
underage person has consumed an alcoholic beverage or cannabis product or reasonably
should have been aware had the social host taken reasonable steps to prevent consumption
of alcoholic beverages or cannabis products by underage persons in accordance with section
8.10.040.Violation of this section by any person is an infraction in addition to liability for
recovery of response costs in accordance with section 8.10.100,and any other applicable
penalties under applicable law.
8.10.060 Exception.
This chapter does not apply to conduct involving the use of a coholic beverages that is
protected by Article I,section 4 of the California Constitution.
8.10.070 Hosting by Juvenile.
In the event that a juvenile hosts an underage social gathering at a residence or on other
private or public property in the City in violation of this chapter,the parents or guardians of
that juvenile may be jointly and severally liable for any penalties and response costs imposed
pursuant to this chapter.
8.10.080 Enforcement.
Enforcement of this ordinance shall be the responsiblity of the Chief of Police or his/her
designee.
8.10.090 Penalties for Violations.
Any person violating any of the provisions of this ordinance shall be deemed guilty of an
infraction.
8.10.100 Recovery of Response Costs.
When the police make an initial response to an underage social gathering on private or public
property and a police officer issues a citation for violation of this chapter,the officer shall,in
writing,inform any responsible person(s)at the property or location that:
1)An underage social gathering exists;and
2)The social host(s)will be charged for any response costs incurred for
subsequent responses to the property for hosting an underage social
gathering within a 12-month period.
This warning will be given to all social hosts at the time of the first response to an underage social
gathering where a citation is issued for violation of this chapter.Within 30 calendar days of the
initial citation,a written warning will be delivered via certified mail to the owner of record of the
involved property.When a police officer responds to an underage social gathering at a residence
or other private property within the City within 12 months of a citation and warning given to social
hosts 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 social gathering,but only to the extent that the
identified social host(s)concerning the first citation at such property remain the social host(s)for
the second or subsequent citation at such property.
8.10.110 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 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.
8.10.120 Statutory Severability.
If any section,subsection,sentence,clause or phrase or word 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
of the City of Sebastopol 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.
8.10.130 CR14.
The City Council finds that adoption of this ordinance is exempt from the California Environmental
Quality Act (“CEQA”),pursuant to Sections 15061(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).
This ordinance shall become effective thirty (30)days after the date of its adoption by the
Sebastopol City Council.
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.
Approved for First Reading and Introduction on this 16th day of October,2018.
Approved for Second Reading and Adoption on this 30th day of October,2018.
VOTE:
Ayes:
Noes:
Abstain:
Absent:
APPROVED:________________________
Mayor Patrick Slayter
ATFEST:
Mary Gourley,Assistant City Manager/City Clerk,MMC
APPROVED AS TO FORM:
Larry McLaughlin,City Attorney
7