§ 130.09 EVENTS AND GATHERINGS. — Eureka Zoning Code

(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOL means and includes ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

ALCOHOLIC BEVERAGE means and 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.

CONTROL means any form of dominion, including ownership, tenancy, or other possessory right.

EVENT or GATHERING means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.

HOST means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. JUVENILE means any person less than 18 years of age.

PARENT means any person having legal custody of a juvenile:

(a) As natural, adoptive parent, or step-parent;
(b) As a legal guardian; or
(c) As a person to whom legal custody has been given by order of the court.

PERSON means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. RESIDENCE or PREMISES means a home, yard, field, land, 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, party or other social function, and whether owned, leased, rented, or used with or without compensation.

RESPONSE COSTS means the costs associated with response, such as responses by law enforcement, fire and other emergency response providers to underage or unruly gatherings, including but not limited to:

(a) The portion of the costs of salaries and benefits of law enforcement, fire and other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the underage or unruly gatherings, and the administrative costs attributable to such response(s);

(b) 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 underage or unruly gathering;

(c) The cost of the use of any city equipment or property, and the cost of repairing any city equipment or property damaged in responding to, remaining at or leaving the scene of an underage or unruly gathering; and
(d) Any other costs recoverable in compliance with Cal. Civil Code § 1714.9.

RESPONSIBLE PERSON means a person or persons with a right of possession in the residence or other private property on which an underage or unruly gathering is conducted, including, but is not limited to:

(a) The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs;
(b) A tenant or lessee of the residence or other private property;
(c) The landlord or another person responsible for the gathering, including a master tenant who sublets a unit to another

person;

(d) Any other person in charge of the residence or other private property; and

(e) The person who organizes or supervises or conducts the event or any other person(s) accepting responsibility for such a gathering.

A RESPONSIBLE PERSON for the underage gathering need not be present at such gathering for the imposition of civil penalties and/or response costs.

If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of the juvenile may be jointly and severally liable for the response costs and penalties imposed pursuant to this section.

UNDERAGE PERSON means any person under 21 years of age.

(B) Prohibited acts.

(1) It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).

(a) A person is criminally responsible for violating division (B)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.

(b) A person who hosts an event or gathering as described in division (B)(1) above does not have to be present at the event or gathering to be criminally responsible.

(C) Exceptions.

(1) This section does not apply to conduct solely between an underage person and his or her parents while present in the parent's household.

(2) This section does not apply to legally protected religious observances.
(3) This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment.
(D) Recovery of response costs.

(1) Issuance of written warning. When a law enforcement officer makes an initial response to an underage gathering at a residence or other private property within the city, and a police officer issues a citation for violation of this section, the officer shall issue a written warning.

(a) Contents of warning. The warning shall state that an underage gathering existed on the date of the incident in question and the responsible persons will be charged for any response costs incurred for subsequent responses to the property for an underage gathering within a 12-month period.

(b) Delivery of warning.

This warning shall be given to all identified responsible persons at the time of the first response to an underage gathering where a citation is issued for violation of this section.
The officer may subsequently return to the residence or other private property and issue the warning to a then-present responsible person(s).
Within 30 calendar days of the initial citation, an additional written warning shall be transmitted via certified mail to the record owner of the residence or private property.

(2) Recovery of response costs. When a law enforcement officer issues a second citation to the same responsible person(s) within 12 months of an earlier citation of the first warning at the same residence or other private property, all responsible persons who received a previous warning shall be jointly and severally liable for the city's response costs concerning such second or subsequent underage or unruly gathering. Only those who were responsible person(s) at both the first and subsequent underage or unruly gathering shall be subject to response costs under this subdivision.

(3) Remedy not exclusive. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof.

(4) Response costs deemed administrative penalties. All response costs incurred by the city shall be deemed administrative penalties pursuant to this Code.

(E) Penalties.

(1) Violations of this section shall be charged as an infraction or a misdemeanor at the discretion of the City Attorney pursuant to § 10.99 of this Code. Each violation shall constitute a separate charge.

(2) Any person who violates this section shall also be subject to the following:

(a) The parent and/or responsible person of the event or gathering shall be held civilly responsible for the damages caused by the event or gathering; and

(b) Fines:

First violation within a 12-month period shall result in a fine of $250;
Second violation within a 12-month period shall result in a fine of $500;
Third violation within a 12-month period shall result in a fine of $1,000.

(3) Such penalties and fines shall not constitute the sole remedies of the city.

(F) Severability. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity to other persons or circumstances.

(G) Non-exclusivity. Nothing in this section shall limit or preclude the enforcement of other applicable laws.

(H) No duty of care imposed on city. This section 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 person or property within or without the city limits, so as to provide a basis of civil or criminal liability. (Ord. 807-C.S., passed 11-4-14)