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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 -1- 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 -2- 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 -3- 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 -4- (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 -5- 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, Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -6- 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 Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -7- 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. Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -8- 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. Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -1- 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 Formatted: Tab stops: 0.25", Left Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -2- Formatted: Centered 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 Formatted: Space After: 0 pt Formatted: Indent: Left: 0.25", Space After: 0 pt, Tab stops: Not at 0.25" Formatted: Space After: 0 pt Formatted: Indent: Left: 0.25", Hanging: 0.25", Nobullets or numbering, Tab stops: Not at 0.25" Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -3- Formatted: Centered 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 Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -4- Formatted: Centered 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 Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -5- Formatted: Centered 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 Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -6- Formatted: Centered 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. Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -7- Formatted: Centered 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 Chapter 19.01 SOCIAL HOST ACCOUNTABILITY ORDINANCE -8- Formatted: Centered 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: ƒ That there is an educational component to the ordinance in lieu of paying the fine. ƒ That a portion of any paid fine goes to supporting teen prevention programs and services ƒ That youth are intricately involved in the drafting of the ordinance and the educational component. ƒ 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