Carpinteria Municipal Code Ch. 9.80 Social Host Ordinance

The title of this chapter shall be "Social Host Ordinance."

(Ord. 621 § 2 (part), 2007)

The following definitions shall govern the construction of this chapter:

A. "Alcohol" shall have the meaning given to that term under state law.

B. "Alcoholic beverage" shall have the meaning given to that term under state law.

C. "Assemblage" means a party, gathering, or event of five (5) or more persons of which two (2) or more are minors at or on a residence or other private property at which loud or unruly conduct occurs. Such loud or unruly conduct includes but is not limited to: excessive noise, excessive traffic, obstruction of public streets, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, service to, possession or consumption of alcohol or alcoholic beverages by any minor, except as permitted by state law, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

D. "Enforcement officer" means those city employees designated by the community development director and all peace officers providing law enforcement services in the city of Carpinteria.

E. "Minor" means any person under the age of twenty-one (21) years old.

F. "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.

G. "Responsible person" means and includes, but is not limited to: (1) the person(s) who owns, rents, leases or otherwise has control or right of possession of the residence or other private property where the assemblage takes place; (2) the person(s) in charge of the premises; (3) the person(s) who organized, supervised, officiates, conducts or controls the assemblage; (4) the person(s) receiving money or other consideration for granting access to the assemblage; or (5) any other person(s) who accepts responsibility for such assemblage.

H. "Response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to assemblages, 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 an assemblage, and the administrative costs attributable to such response(s);

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 an assemblage;

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 an assemblage.

(Ord. 621 § 2 (part), 2007)

It shall be a civil violation and a public nuisance for any responsible person to conduct, aid, allow, permit, or host an assemblage at a residence or other private property if at such assemblage any possession or consumption of alcohol or alcoholic beverages by any minor(s) occurs. This section shall not apply to the extent such conduct: (1) is permitted under Article 1, Section 4 of the California Constitution or otherwise under California law; (2) involves the use of alcohol or alcoholic beverages which occurs exclusively between a minor and his or her parent or legal guardian; or (3) occurs at any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. 621 § 2 (part), 2007)

Any enforcement officer shall have the authority to issue an administrative citation for violation of Section 9.80.030 on the responsible person(s) for the assemblage. The citation shall be personally served on or mailed by certified mail to the responsible person(s). If the officer is unable to identify immediately the responsible person(s), a notification of maintenance of a public nuisance property shall be mailed by certified mail to the owner(s) of the property as identified on the tax assessor's roll. Said notice shall inform such property owner(s) that he or she shall be held liable as the responsible person for any penalties under this chapter if any additional violation of Section 9.80.030 occurs at the property during the next twelve (12) months.

(Ord. 621 § 2 (part), 2007)

A. Except as provided herein, the remedies for violation of Section 9.80.030 shall be specified pursuant to Chapters 1.06 and 1.08. In addition, the city shall have the power to abate the public nuisances in any manner that is provided for in this municipal code or state or federal law, either in law or equity.

B. Fines.

1. A first violation of Section 9.80.030 shall be punishable by a five hundred dollar ($500.00) fine, provided however, that said fine for such responsible persons who are first time offenders of the chapter may be suspended upon proof of completion, within sixty (60) days of receipt of the notice of violation, of a recognized counseling program, such as teen court or an alcohol rehabilitation program, as may be designated by the city manager from time to time.

2. A second violation of Section 9.80.030 at the same residence or other private property, or by the same responsible person shall be punishable by a one thousand dollar ($1,000.00) fine; provided, however, that said fine for such responsible persons who are second time offenders of the chapter may be reduced to a five hundred dollar ($500.00) fine upon proof of completion, within sixty (60) days of receipt of the notice of violation, of a recognized counseling program, such as teen court or an alcohol rehabilitation program, as may be designated by the city manager from time to time.

3. A third or subsequent violation of Section 9.80.030 at the same residence or other private property, or by the same responsible person shall be punishable by a fine of one thousand dollars ($1,000.00).

C. The second, third or subsequent violation fines prescribed at subsections (B)(2) and (B)(3) are payable whether or not the responsible person at the time of the current assemblage is the same person who was the responsible person for any prior assemblage at those premises.

D. The fine schedule prescribed at subsection B is a "rolling schedule" meaning that in calculating the fine payable, the city attorney shall count backward starting from the date of the most recent assemblage to determine how many prior assemblages have taken place at the residence or other private property in question during the twelve (12) month period.

E. The amount of the fine shall be deemed a valid debt owed to the city by the responsible person(s) for the assemblage and, if under the age of eighteen (18), their parents or legal guardians.

F. The fines prescribed for a violation of Section 9.80.030 are in addition to any response costs that may be assessed pursuant to this chapter.

(Ord. 621 § 2 (part), 2007)

Any enforcement officer who determines that a violation of Section 9.80.030 of this chapter has occurred, shall have the authority to direct the responsible person(s) for the assemblage to disperse the assemblage immediately, or if the officer is unable to identify immediately the responsible person(s), to command all those attending the assemblage to disperse immediately.

(Ord. 621 § 2 (part), 2007)

When a response pursuant to this chapter occurs, the senior peace officer at the scene, in addition to the issuance of any citation, administrative fine, or arrest that he or she may feel is appropriate, shall (1) notify the responsible person(s) for the assemblage either verbally or in writing that such person(s) shall be held personally liable, jointly and severally, for the city's cost of providing any follow-up or additional police response during the next twelve (12) months for violation of Section 9.80.030 of this chapter; or (2) if the officer is unable to identify immediately the responsible person(s), mail such notification by certified mail to the owner(s) of the property as identified on the tax assessor's roll.

(Ord. 621 § 2 (part), 2007)

When any enforcement officer responds to an assemblage at a residence or other private property within the city within a twelve (12) month period of a warning given to a responsible person(s) pursuant to Section 9.80.070, such response shall be deemed to be a special security assignment over and above the normal police services. All responsible persons shall be jointly and severally liable for the city's response costs for that response and all subsequent responses during the warning period.

(Ord. 621 § 2 (part), 2007)

The response costs shall be computed and a bill shall be submitted to the responsible person(s). The city manager shall promulgate notice and billing procedures for this purpose. The amount of the response costs shall be deemed a valid debt owed to the city by the responsible person(s) for the assemblage and, if under the age of eighteen (18), their parents or legal guardians. If any amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment it may be collected in any manner authorized by law and any person owing such fees shall be liable in any action brought in the name of the city for recovery for such fees, together with any penalties and charges related to nonpayment including, without limitation, reasonable attorney fees.

(Ord. 621 § 2 (part), 2007)

Nothing in this chapter shall be construed as 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 statute, ordinance or law, civil or criminal. 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. 621 § 2 (part), 2007)