Chapter 13 — POLICE SERVICES RELATED TO UNRULY GATHERINGS AND NUISANCES

INCLUDING WHEN MINORS POSSESS ALCOHOL OR ILLEGAL DRUGS

Section

5-13.01 Findings and purpose

5-13.02 Definitions

5-13.03 Certain gatherings prohibited

5-13.04 Enforcement

5-13.05 Response recovery costs

(A) Due to inadequate supervision, some gatherings of people, such as parties, become loud and unruly to the point that they constitute a threat to the peace, health, safety and general welfare of the public. Examples of such unruly conduct include: excessive noise, excessive traffic, obstruction of public streets, public drunkenness, use of illegal drugs, the service of alcohol to minors, assaults, fights, gunshots, disturbances of the peace and litter.

(B) Gatherings where minors are present and where alcoholic beverages or illegal drugs are in the possession of, or being consumed by, minors are harmful to the community and the minors, and constitutes a public nuisance. Cal. Business and Professions Code § 25658 makes it unlawful to furnish any alcoholic beverage to a minor. Cal. Business and Professions Code § 25662 makes it unlawful for a minor to possess an alcoholic beverage in any public place.

(C) At times, the city is required to make multiple responses to loud or unruly gatherings, or gatherings where alcohol or illegal drugs are available to minors, to restore and maintain the peace and protect public safety. Such gatherings are a burden on scarce city resources and can result in delayed or reduced police responses to regular and emergency calls in the rest of the city.

(D) Police responses to such gatherings result in a disproportionate expenditure of the city's public safety resources, which are paid by the general municipal taxes paid by residents and property owners.

(E) If people are held responsible for allowing or hosting a loud or unruly gathering, or a gathering where alcohol or illegal drugs are available to minors, they will be more likely to properly supervise or stop those gatherings.

(F) The intent of this chapter is to protect the public health, peace, safety and quiet enjoyment of residential property, and to protect the public health, peace and safety in and around businesses.

(Ord. 2104-C-S, passed 5-12-15)

In this chapter:

ALCOHOL means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. It includes an alcoholic beverage as defined in Cal. Business and Professions Code § 23004.

GATHERING means a group of people who have assembled for a party, event, or other social activity.

ILLEGAL DRUG means a controlled drug or substance the possession and use of which is regulated under the federal controlled substances act. It does not include a drug for which the individual has a valid prescription.

LOUD OR UNRULY GATHERING means a gathering that threatens public health, peace, safety or general welfare because of loud or unruly conduct. Illustrative of such conduct is excessive noise or traffic, obstruction of a public street, public drunkenness, use of illegal drugs, the service of alcohol to minors, assaults, fights, gunshots, vandalism, disturbances of the peace, litter.

MINOR means anyone under 21 years of age.

PERSON RESPONSIBLE means: (1) a person who owns, rents, leases or otherwise has control of the premises where the gathering takes place; (2) the person in charge of the premises; and (3) the person who organized the gathering. Each responsible person is jointly and severally liable for the response recovery costs. If the responsible person is a minor, the parent or guardian of that minor is responsible.

RESPONSE RECOVERY COSTS means the costs associated with the second or subsequent police responses within a 12-month period after the first warning was given under §5-13.05. Those costs include: (1) salary and benefits of city personnel for the time responding to, remaining at, or otherwise dealing with a loud or unruly gathering; (2) city administrative costs attributable to the response; (3) the cost of medical treatment to any city personnel attributable to the response; (4) the cost of repairing or replacing any city equipment or property damaged as a result of the gathering; and (5) any other costs related to the response, including costs incurred by other police agencies.

(Ord. 2104-C-S, passed 5-12-15)

(A) Loud or unruly gathering. No person shall host or allow a loud or unruly gathering.

(B) Social host of minors where alcohol or illegal drugs are offered. No person shall host or allow a gathering where three or more minors are present and where alcohol or an illegal drug is in the possession of or being consumed by any minor. This section does not apply to a gathering where each minor consuming alcohol is being supervised by his or her parent or guardian.

(Ord. 2104-C-S, passed 5-12-15)

(A) General. A violation of the municipal code, including this chapter, is a misdemeanor and a public nuisance. The city may enforce this chapter by any lawful means, including any one or more of the following:

(1) Criminal penalty under AMC § 1-2.01.

(2) Recovery of attorneys' fees under AMC § 1-2.03.

(3) Civil penalties under AMC § 1-2.04.

(4) Administrative citation under AMC § 1-2.05 and Chapter 1-5.

(5) Recovery of response costs under § 5-13.05.

(B) California codes. In addition, a police officer responding to a loud or unruly gathering or a gathering where a minor is using alcohol may cite the responsible person under the Penal Code or other California codes, including Cal. Business and Professions Code §§ 25658 and 25662.

(C) When person responsible not liable. A person otherwise responsible will not be held liable under this chapter if: (1) the person took all steps reasonably necessary to exclude uninvited or unruly

guests from the premises, including, if necessary, calling the police before police first arrived at the premises; or (2) the person was not present at the premises and had not been sent notice at least ten days before a subsequent response.

(Ord. 2104-C-S, passed 5-12-15)

(A) General. The city may impose response recovery costs on a person responsible for a loud or unruly gathering, or a gathering where a minor is using alcohol or an illegal drug, after the first warning has been given.

(B) Warnings. The warning may be verbal or written. If written, the responding officer may post the warning notice on the property, provide it to any responsible person(s) present and/or mail it to the responsible persons (especially if they are not present).

(C) Costs a debt to the city. The city will mail an itemized list of the costs to the responsible person(s), and these costs are a debt owed to the city. The procedures for collection set forth in §§1-5.07 through 1-5.09 apply. After 30 days, an unpaid debt is subject to a 10% late payment fee and is subject to collection costs, including attorney's fees. The unpaid debt of a property owner is subject to special assessment lien, as set forth in § 1-5.09.

(D) Appeal. A responsible person has the right to appeal the imposition of response recovery costs under AMCChapter 1-4, Appeals.

(Ord. 2104-C-S, passed 5-12-15)