Camarillo Municipal Code Ch. 10.32 Social Host Responsibility and Liability

The purposes of this chapter include:

A. To protect public health, safety and general welfare;

B. To supplement existing laws that prohibit serving alcoholic beverages to underage persons as well as the consumption of alcoholic beverages by underage persons; and

C. To provide for the recovery of costs associated with providing law enforcement, fire and other emergency response services to loud or unruly gatherings.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

The words and terms used in this chapter have the meanings set forth in this section.

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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.

"Loud or unruly gathering" means a party or gathering of two or more persons at or on a residence or other private property upon which loud or unruly conduct occurs. Such loud or unruly conduct includes but is not limited to:

1. Excessive noise;

2. Excessive traffic;

3. Obstruction of public streets or crowds that have spilled into public streets;

4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;

5. Service to or consumption of alcohol or alcoholic beverages by any underage person, except as permitted by state law;

6. Assaults, batteries, fights, domestic violence or other disturbances of the peace;

7. Vandalism;

8. Litter;

9. Any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

"Minor" means any person under eighteen years of age.

"Residence or other private property" means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

"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. Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with loud or unruly gatherings, and the administrative costs attributable to such response;

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 a loud or unruly gathering;

3. The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a loud or unruly gathering.

"Responsible person" means a person or persons with a right of ownership, management, occupation, or possession of the residence or other private property on which a loud or unruly gathering is conducted, including, but not limited to:

1. An owner of the residence or other private property;

2. A tenant or lessee of the residence or other private property;

3. The landlord of another person responsible for the gathering;

4. The person in charge of the residence or other private property; and

5. The person who organizes, supervises, officiates, conducts or controls the gathering or any other person accepting responsibility for such a gathering.

"Underage person" means any person under twenty-one years of age.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the city is required to maintain, manage and supervise the property, and all persons thereon, in a manner so as not to violate the provisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. It is a civil violation of this chapter for any responsible person to conduct, aid, allow, permit or condone a loud or unruly gathering at a residence or other private property.

B. Civil Fines. The fine schedule for administrative citations resulting from violations of this chapter is as follows:

1. A first violation is punishable by a fine of five hundred dollars;

2. A second violation at the same residence or other private property, or by the same responsible person, within a twelve-month period is punishable by a fine of one thousand dollars;

3. A third or subsequent violation at the same residence or other private property, or by the same responsible person, within a twelve-month period is punishable by a fine of two thousand dollars.

C. The fines prescribed at subsection (B) are in addition to any response costs that may be assessed pursuant to this chapter.

D. The second, third or subsequent violation fines prescribed at subsections (B)(2) and (B)(3) are payable whether or not the responsible person for such loud or unruly gathering is different from the responsible person for any prior loud or unruly gathering at the same residence or other private property.

E. The fine schedule prescribed at subsection (B) is a "rolling schedule" meaning that in calculating the fine payable the city will count backward starting from the date of the most recent loud or unruly gathering to determine how many prior loud or unruly gatherings have taken place at the residence or other private property in question during the statutory twelve-month period. A warning given pursuant to this chapter will remain in effect for the residence or other private property at a given address until a full twelve-month period has elapsed during which there have been no responses to a loud or unruly gathering at that residence or other private property.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Liability for Response Costs. If a law enforcement, fire or other emergency response provider responds to a loud or unruly gathering at a residence or other private property within the city within twelve months of a warning given to a responsible person regarding a loud or unruly gathering at the same location, all responsible persons will be jointly and severally liable for the city's costs of providing response costs for that response and all subsequent responses during the twelve-month period. If a responsible person for the gathering is a minor, then the parents or guardians of that minor and the minor will be jointly and severally liable for the response costs. To incur liability for response costs imposed by this chapter, the responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of response costs. This chapter imposes vicarious as well as direct liability upon a responsible person.

B. Warning.

1. Prior to imposing any liability under subsection (A), when a law enforcement, fire or other emergency response provider makes an initial response to a loud or unruly gathering at a residence or other private property within the city, a written warning must be provided to any responsible person for the gathering that:

a. A loud or unruly gathering has been found to exist; and

b. Any responsible person may be charged for the response costs incurred for subsequent responses to a loud or unruly gathering at the residence or other private property within a twelve-month period from the date of the warning.

2. If a responsible person cannot be identified at the scene, the official may subsequently return to the residence or other private property and issue the warning to a then-present responsible person.

3. If a written warning is not provided to a responsible person who identifies himself or herself as an owner of the property, then a copy of the warning must be sent within thirty days of the initial response by first-class or certified mail to the owner of the residence or other private property, as identified on the last equalized assessment roll of the Ventura County Assessor.

4. A copy of the warning may also be given to any other known responsible person who does not reside at the residence or other private property in question by first-class or certified mail within thirty days of the initial response.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. The amount of response costs will be deemed a civil debt owed to the city by the responsible person held liable under Section 10.32.050 for the loud or unruly gathering and, if a minor, by the minor's parents or guardians.

B. Notice of the response costs for which the responsible person is liable will be mailed by first class or certified mail within forty-five days of the response giving rise to such costs. The notice must contain the following information:

1. The name of the person being held liable for the payment of such costs;

2. The address of the residence or other private property where the loud or unruly gathering occurred;

3. The date and time of the response;

4. The law enforcement, fire or emergency service provider who responded;

5. The date and time of any previous warning given pursuant to Section 10.32.050 or previous responses to loud or unruly gatherings at the residence or other private property in question within the previous twelve months;

6. An itemized list of the response costs for which the person is being held liable; and

7. Notice of the right to appeal the imposition and amount of response costs.

C. The responsible person must remit payment of the noticed response costs to the city's finance department within thirty days of the date of the notice.

D. In the event timely payment is not made, the responsible person owing such costs will be liable in a civil action brought in the name of the city for recovery of the response costs, including interest at the maximum legal rate from the date the payment becomes delinquent, a late penalty of one hundred dollars, and all reasonable attorney's fees and costs associated with the collection action.

E. A responsible person may request an administrative hearing to review the imposition and amount of response costs by filing a request for such a hearing within fifteen days of the date the city sent notice of the liability for response costs in the manner provided by Section 1.13.140 of this code. The administrative hearing process will be subject to and conducted in the manner provided by Sections 1.13.150 through 1.13.210 of this code with the exception that the term "response costs" will be substituted for the term "fine."

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Nothing in this chapter constitutes a waiver by the city of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other available legal remedy. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

This chapter does not apply to activities protected by the California Constitution.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)