La Habra Municipal Code Ch. 9.38 Social Host Accountability

The city council of the city of La Habra finds, determines and declares that this chapter has been enacted based upon the following findings:

A. Loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by, or in the possession of underage persons, are harmful to the underage persons themselves and a threat to the public health, safety or quiet enjoyment of residential property and the general welfare.

B. This chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of youth and other residents of the city by facilitating the enforcement of laws prohibiting the service to, consumption by, or possession of alcoholic beverages by underage persons. The imposition of administrative and/or criminal liability upon social hosts and/or landowners who allow loud or unruly gatherings to occur on their premises, at their residences, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of underage persons, is reasonable and necessary to protect and promote the health, safety, and general welfare of youth and other residents of the city.

C. This chapter is intended to protect the public health, safety and welfare, as well as the quiet enjoyment of residential property, and to hold accountable persons who actively or passively aid, abet or allow loud or unruly gatherings. Such persons will be held liable for the nuisances created by such gatherings and may be subject to the penalties and costs associated with responding to unruly parties.

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

"Alcohol"

shall have the same meaning as Section 23003 of the California Business and Professions Code.

"Alcoholic beverage"

shall have the same meaning as Section 23004 of the California Business and Professions Code.

"Loud or unruly gathering"

shall mean a party or gathering of four or more persons at a residence, or on other private property, or rented public property, upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes, but is not limited to:

Excessive noise pursuant to La Habra Municipal Code Chapter 9.34;

Excessive traffic which interferes with or impedes the flow of pedestrian or vehicular traffic;

Obstruction of public streets and/or presence of persons in the street causing a hazard to self and others;

Public drunkenness or public consumption of alcohol or alcoholic beverages in violation of California Penal Code Section 647(f);

Assaults, batteries, fights, domestic violence or other disturbances of the peace pursuant to the California Penal Code or the La Habra Municipal Code;

Vandalism pursuant to California Penal Code Section 594;

Littering pursuant to California Penal Code Section 374; or

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

"Underage person"

shall mean any person less than twenty-one years of age.

(Ord. 1734 § 1, 2012)

It is unlawful for a person to conduct or allow a loud or unruly gathering where alcohol is served to, consumed by, or in the possession of any underage person, or persons at 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 house party, or other social function, and whether owned, leased, rented, or used with or without compensation.

(Ord. 1734 § 1, 2012)

Before taking any enforcement action under this chapter, a law enforcement officer shall determine that the following exists:

1. An underage person is consuming, possessing or being served alcohol;

2. Someone is hosting the event; and

3. The gathering is/was loud or unruly.

(Ord. 1734 § 1, 2012)

A. This chapter shall not apply to any location regulated by the California Department of Alcohol and Beverage Control.

B. This chapter shall not apply to conduct involving the use of alcoholic beverages that occurs exclusive between a minor and his or her parent or guardian.

(Ord. 1734 § 1, 2012)

Loud or unruly gatherings are hereby declared to be a public nuisance and may be abated by the city in any manner provided by law. In any action or proceeding to enforce this chapter, the city may collect the costs of enforcement.

(Ord. 1734 § 1, 2012)