Belvedere Municipal Code Ch. 9.54 Social Host Accountability

SOCIAL HOST ACCOUNTABILITY

Sections:

• 9.54.010 Purpose and findings. 9.54.020 Definitions.

• 9.54.030 Unlawful Minor Gatherings on Private Property.

• 9.54.040 Hosting by juvenile. 9.54.050 Violations/Civil Fines/Mandatory Community Service. 9.54.060 Police services—second response. 9.54.070 Police services cost.

The City Council of the City of Belvedere does hereby find and declare all of the following:

A. The consumption of alcohol, controlled substances and/or marijuana by persons under the age of 21 years is unlawful and presents a danger to the well-being of the underage persons consuming alcohol and those persons coming into contact with such persons.

B. A party or gathering is not properly supervised or controlled and presents a threat to the public safety, health, and welfare when the person owning or controlling the premises suffers or permits any person under the age of 21 years to consume alcohol controlled substances, and/or marijuana.

C. Any party or gathering where persons under the age of 21 years are consuming alcohol, controlled substances, and/or marijuana constitutes a potential hazard for those present at the event and those who might come into contact with any such underage persons after said persons leave the event and enter the public.

D. Control by the police of parties or gatherings where alcohol, controlled substances, and/or marijuana is being consumed by persons under the age of 21 years is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public.

E. The occurrence of parties or gatherings at which persons under the age of 21 years consume alcohol, controlled substances, and/or marijuana contributes to an increase in alcohol and other substance abuse, driving under the influence, excessive noise, traffic, and vandalism within the neighborhood or area of the party or gathering, and threatens public safety by increasing the risks of alcohol and controlled substance, and/or marijuana-related incidents causing personal injury and/or death.

F. Police responses associated with dispersing parties and gatherings where alcohol, controlled substances, and/or marijuana is consumed by persons under the age of 21 years and/or controlling participants at such events causes a shift of police staffing manpower and resources and diverts police manpower and resources from other law enforcement activities that are necessary to protect the public safety and welfare.

G. Current State law prohibiting conduct that contributes to the delinquency of a minor does not address liability for allowing the consumption of alcohol, controlled substances, and/or marijuana by persons who are 18 years of age or older on premises under the control of an adult. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)

For the purpose of this Chapter, the following definitions shall apply.

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 described in California Health and Safety Code section 11007, as may be amended or superseded, provided that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

D. “Marijuana” means all parts, as a whole or in part, of the Cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested.

• E. “Minor” means any person less than 21 years of age.

F. “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 occurring at a place where alcohol, controlled substances, and/or marijuana are is being consumed by one or more persons.

G. “Police services” include: the salaries and benefits paid to the police officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event, at a rate established by resolution of the City Council; the actual cost of any medical treatment to injured officers; and the cost of repairing any damaged City equipment or property.

H. “Responsible Person” means a person or persons with a right of possession of the residence or other private property, party bus, or limousine, at which a party, gathering, or event takes place including, but not limited to:

1. Any owner of the residence or other private property, regardless of the actual residence of the person or entity.

2. A tenant or lessee of such residence or other private property.

3. The landlord of another person responsible for the party, gathering, or event provided that the landlord received notice of a prior loud or unruly gathering at the same residence or private property.

4. The person(s) in charge of the residence or other private property.

5. The person(s) who organizes, supervises, officiates, conducts, or controls the party, gathering, or event. A Responsible Person need not be present at such party, gathering, or event and prior knowledge of the gathering is not a prerequisite to a finding that an individual is a Responsible Person as defined by this Section.

I. “Restorative Justice Program” means a program accredited or approved by a California Superior Court or by the Director of the Marin County Department of Health and Human Services or his or her designee that incorporates restorative practices such as peer-to-peer review, accountability, and parent participation, in an effort to reduce youth recidivism and deter future adult criminality.

J. “Threat to the public peace, health, safety or general welfare” shall mean any of the following: excessive noise, vandalism, boisterous or unruly conduct, street congestion, public drinking and/or usage of controlled substances and/or marijuana, fighting, disturbance of the peace of the neighborhood in which the event is taking place, or any violation of law committed by a partygoer anyone in attendance at the party, gathering or event. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)

It shall be a violation of this Chapter for any Responsible Person to conduct or allow in a residence or other private property, place, or premises under his or her control (including but not limited to rental halls or facilities, whether publicly or privately owned and maintained, rental vehicles of any type, or vehicles of any type licensed and/or hired to transport passengers in return for payment of a fare) a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, where the Responsible Party knows, or reasonably should have known, that an underage person has obtained, possesses, or is consuming alcoholic beverages, controlled substances, and/or marijuana. This Chapter shall not apply to possession or consumption of alcohol under the supervision of a parent or guardian in connection with a cultural or religious activity. (Ord. 2018-3 § 2, 2018.)

In the event that a juvenile hosts a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, in violation of this Chapter, and no other Responsible Person is present at such gathering, then the juvenile shall be deemed to be a Responsible Person. If the juvenile is not emancipated within the meaning of the California Family Code, then the parents or legal guardians having custody of that juvenile shall be jointly and severally liable with the juvenile for any penalties and response costs imposed pursuant to this Chapter, whether or not such parents or guardians are deemed to be Responsible Persons hereunder or have or had knowledge of the unruly gathering. (Ord. 2018-3 § 2, 2018.)

Each violation of this Chapter is punishable as follows:

A. Section shall constitute a civil violation punishable as set forth in Section 1.14.090 of this Code or by any other remedy available to the City under this Code or State law. The election of remedies shall be at the sole discretion of the City.

B. A first violation of this Section may be punishable by a fine of seven hundred fifty dollars ($750). A second violation of this Section may be punishable by a fine of eight hundred seventy-five dollars ($875). A third and each subsequent violation of this section may be punishable by a fine of one thousand dollars ($1000).

C. In place of, or in addition to, any other remedies available to the City under this Chapter, the City may require a person who is 18 years or younger at the time of the violation to participate in a Restorative Justice Program. (Ord. 2018-3 § 2, 2018.)

When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the Responsible Person(s) for the event will be held liable for the cost of providing police services during a second or additional response by the police, after a first warning to the person(s) responsible for the event to control the party, gathering, or event. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)

The police services cost to be assessed under this Chapter shall include the cost of personnel and equipment, but shall not exceed two thousand ($2,000.00) dollars for a single party, gathering, or event, provided, however, that the City does not hereby waive its right to seek reimbursement for actual costs exceeding two thousand ($2,000.00) dollars through other legal remedies. The amount of costs for providing police services shall be deemed a debt owed to the City by the Responsible Person. If the Responsible Person is under 18 years of age and is not emancipated within the meaning of the Family Code, the parent(s) or guardian(s) of the Responsible Person shall be jointly and severally liable. Any person liable under this Section for the costs of providing police services shall be liable in an action brought in the name of the City for recovery of such costs, including reasonable attorney’s fees incurred by the City in recovering the costs under this Section. In addition to the remedies provided by this Section, the City may seek to recover costs for damage to any City-owned property that arises out of a violation of this Chapter. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)

If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Ord. 2018-3 § 2, 2018; Ord. 2008-3 § 2, 2008.)