Marin County Municipal Code Ch. 6.75 Prohibition of Loud or Unruly Gatherings Where Alcohol, Controlled…

Chapter 6.75 — PROHIBITION OF LOUD OR UNRULY GATHERINGS WHERE ALCOHOL, CONTROLLED SUBSTANCES OR MARIJUANA IS SERVED TO, INGESTED BY OR IN THE POSSESSION OF UNDERAGE PERSONS; IMPOSITION OF CIVIL FINES AND MANDATORY ATTENDANCE AT RESTORATIVE JUSTICE PROGRAM HEARINGS TO ADULT OFFENDERS FOR VIOLATION AND IMPOSITION OF CIVIL FEES FOR THE RECOVERY OF COSTS FOR PUBLIC SAFETY RESPONSES TO SUCH GATHERINGS; AND MANDATING GRADUATION FROM A RESTORATIVE JUSTICE PROGRAM FOR UNDERAGE OFFENDERS AND YOUNG ADULT OFFENDERS UNDER THE AGE OF TWENTY-ONE

Footnotes:

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Editor's note— Ord. No. 3671, § I, adopted June 13, 2017, retitled Ch. 6.75 from "Social Host Accountability Ordinance" to read as herein set out.

The purposes of this chapter are:

(a) To protect the public health, safety and general welfare;

(b) To promote the reduction of underage drinking by imposing a civil fine on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of underage persons;

(c) To facilitate the enforcement of laws prohibiting the service to, consumption of or possession of alcoholic beverages by underage persons;

(d) To offset the municipal costs associated with providing fire, police, and other emergency services to loud or unruly gatherings, by imposing a civil fee upon social hosts and/or landowners who knowingly allow such 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;

(e) The serving to, possession of or consumption of controlled substances by underage persons is as alarming as the consumption, possession of or service of alcohol to underage persons and it is the purpose of this ordinance to address ingestion of controlled substances, possession of or the service of in the same manner; and

(f) Provide education to juveniles who violate this ordinance by mandating participation in an approved restorative justice program.

(g) The serving to, possession of or ingestion of marijuana by underage persons is as alarming as the ingestion, possession of or service of alcohol and/or controlled substances to underage persons and it is the purpose of this chapter to address ingestion of marijuana, possession of or the service Of in the same manner.

(Ord. 3462 § 1 (part), 2006)

(Ord. No. 3641, § I, 2016; Ord. No. 3671, § I, 2017)

The board of supervisors finds as follows:

(a) The county of Marin, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents;

(b) The occurrence of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare;

(b2) The occurrence of loud or unruly gatherings on party buses or limousines where alcoholic beverages, controlled substances and/or marijuana are served to, ingested by or in the possession of underage persons is harmful to the underage persons themselves and is a threat to the public health, safety, or quiet enjoyment of the streets and highways as well as other areas where a party bus or limousine drives, parks or temporarily stops.

(c) The county of Marin has made numerous and substantial efforts to enforce underage drinking laws; yet, despite these efforts, alcohol use by youth remains a serious problem in the county, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death;

(d) Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcohol by underage persons. Persons responsible for the occurrence of loud or unruly gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings;

(e) Residents have failed to prevent the occurrence or reoccurrence of loud or unruly gatherings, including those where alcoholic beverages are served to, consumed by or possessed by underage persons, on private property, which seriously disrupts neighboring residents' quiet enjoyment of their property;

(f) Control of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public;

(g) Persons held responsible for abetting or allowing loud or unruly gatherings where alcohol is served to, consumed by or in the possession of underage persons will be more likely to properly supervise or to stop such conduct at gatherings held on property in their possession or under their control;

(h) In the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to loud or unruly gatherings on private property at which alcoholic beverages are served to, consumed by or in the possession of underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of Marin County, which are underwritten by general municipal taxes paid to the county by its taxpayers and residents, and also result in a delay of sheriff responses to regular and emergency calls to the rest of the county;

(i) Problems associated with loud or unruly gatherings at which alcoholic beverages are served to, consumed by or in the possession of underage persons are difficult to prevent or deter unless the Marin County sheriff's office has the additional legal authority to issue a civil citation for a civil fine and/or a civil citation for the cost of public safety response;

(j) The intent of this chapter is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. Persons who actively or passively aid, abet, or allow loud or unruly gatherings shall be held liable for the nuisances created by such gatherings, the civil fine(s) for such violations and the costs associated with responding to such gatherings;

(k) Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of twenty-one years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one years;

(l) According to local, state and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels. A child who begins alcohol use prior to age fifteen is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age twenty or older; [2]

(m) The county of Marin board of supervisors therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the county of Marin.

(n) Subsections (a) through (m) are equally valid to the service of, ingestion of or possession of controlled substances by underage persons. It is the finding of the Marin Board of Supervisors that the addition of controlled substances to the prohibition outlined in Section 6.75.050 is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the county of Marin.

(o) Subsections (a) through (n) are equally valid to the service of, ingestion of or possession of marijuana by underage persons. It is the finding of the Marin board of supervisors that the addition of marijuana to the prohibition outlined in Section 6.75.050 is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the county of Marin.

(Ord. 3462 § 1 (part), 2006)

(Ord. No. 3641, § I, 2016; Ord. No. 3671, § I, 2017)

Footnotes:

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Grant, B.F. and D.A. Dawson. Age at onset of alcohol use and its association with DSM-IV alcohol abuse and dependence: Results from the National Longitudinal Alcohol Epidemiologic Survey Journal of Substance Abuse 9:103-110, 1997.

This chapter shall be known as the "Social Host Accountability Ordinance."

(Ord. 3462 § 1 (part), 2006)

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.

(b1) "Controlled substance" means a drug or substance whose possession and use are regulated under the California Controlled Substances Act (California Health and Safety Code Section 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription, or in the case of medical cannabis, a recommendation for medical marijuana from an approved provider, or a state of California medical marijuana ID card.

(c) "Juvenile" means any person less than eighteen years of age.

(d) "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or on other private property or rented public property or on a party bus or limousine upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:

(1) Excessive noise;

(2) Excessive traffic;

(3) Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;

(4) Public drunkenness or unlawful public consumption of alcohol, alcoholic beverages, controlled substances or marijuana;

(5) Assaults, batteries, fights, domestic violence or other disturbances of the peace;

(6) Vandalism;

(7) Litter; or

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

(d1) "Marijuana" is defined as any and all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin and includes concentrated marijuana. The prohibition herein includes marijuana in any form including but not limited to cigarettes, vapor, food products containing marijuana or concentrated marijuana and any other product of marijuana that can be smoked or ingested.

Such term as it is used in this chapter does not include a substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription, or in the case of medical cannabis, a recommendation for medical marijuana from a licensed physician.

(e) "Minor" means any person less than twenty-one years of age.

(f) "Person responsible for the event" means and includes, but is not limited to:

(1) The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and/or

(2) The person in charge of the premises; and/or

(3) The person who organized the event. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil fine and/or for the costs incurred for public safety services pursuant to this chapter.

(g) "Public safety services" and/or "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) The portion of the cost of 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 the loud or unruly gathering(s), 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 a loud or unruly gathering; and

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

(g1) "Restorative justice program" means an approved or accredited program by the Marin County superior court or a program approved by the director of the Marin County department of health and human services or his/her designee, which entails peer to peer review, requires accountability for a participant, requires parent participation for the affected underage person and involves interactive participation by underage participants.

(h) "Underage person" means any person less than twenty-one years of age and shall have the same meaning as "minor," defined in subsection (e) above.

(Ord. 3462 § 1 (part), 2006)

(Ord. No. 3641, § I, 2016; Ord. No. 3671, § I, 2017)

Except as permitted by Article 1, Section 4, of the California Constitution, no person shall knowingly suffer, permit or host a gathering at his or her place of residence or other private property, place or premises or host a gathering at a public place under his or her control or arrange for a party bus or limousine or renting the same where two or more persons under the age of twenty-one are present, where the gathering is loud or unruly and alcoholic beverages, controlled substances or marijuana are in the possession of, being ingested by, or served to any underage person.

(a) Violation(s)/Civil Fine(s)/Mandatory Community Service. It shall be a civil violation for a person to knowingly conduct or allow a loud or unruly gathering where alcohol, controlled substances or marijuana is served to, ingested by or in the possession of an underage person or persons on premises owned by the person responsible for the event, on premises rented by or to the person responsible for the event, on premises where the person responsible for the event resides, on premises where the person responsible for the event is in control of such premises or on a party bus or limousine where the person responsible for the event either rents or owns the party bus or limousine during the loud or unruly gathering. The sheriff, at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for the sheriff to issue this civil citation.

(1) Civil Fine/Mandatory Community Service. A first violation of this section shall result in a citation with a seven hundred fifty dollar fine for an adult offender over the age of twenty-one plus the requirement of six hours attendance at a restorative justice program that entails observation of restorative justice program hearings. A second violation shall result in a citation with a one thousand five hundred dollar fine to an adult offender over the age of twenty-one plus the requirement of twelve hours attendance at a restorative justice program that entails observation of restorative justice program hearings. A third or subsequent violation by an adult offender shall result in a citation with a two thousand five hundred dollar fine plus the requirement of twenty hours attendance at a restorative justice program that entails observation of restorative justice program hearings. For underage (anyone under the age of eighteen years) offenders and young adults under the age of twenty-one, a first violation shall result in a citation with mandatory participation and graduation from a restorative justice program accredited or approved by the Marin County superior court or by the director of the Marin County department of health and human services or his/her designee; a second violation shall result in a citation with a new requirement of participation and graduation from a restorative justice program as set forth in this section; and a third violation shall result in a citation with a new requirement of participation and graduation from a restorative justice program as set forth in this section. The violator shall be responsible for paying the fees for the cost of the restorative justice program.

(2) The sheriff shall give notice of a violation of this section by issuing a citation to any and all responsible persons identified by the sheriff within thirty days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing (see Section 6.75.055).

(3) The civil fine prescribed in subsection (a)(1) of this section is in addition to any civil cost recovery fee for public safety responses that may be assessed pursuant to subsection (b) of this section.

(4) In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil violation.

(b) Imposition of Civil Cost Recovery Fee for Public Safety Responses. In addition to any civil fine/mandatory community service imposed for violation of this section, when any loud or unruly gathering where alcohol, controlled substances or marijuana is served to, ingested by or in the possession of underage person(s) occurs on private property, public property or a party bus or limousine and a public safety officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give to the person(s) responsible for the event warning that a second or follow up violation of this section on the same date or on any later date will result in his/her/their liability for the cost of providing public safety services (i.e., fire, ambulance, sheriff, and other emergency providers). The requirement of a first warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on the same day that the warning is given if the warning does not end the loud or unruly gathering. The cost recovery for public safety responses shall be separate and distinct from a citation and fine for a civil violation described in subsection (a) of this section.

(1) The amount of cost recovery under this subsection shall be calculated pursuant to Section 6.75.040(g) of this chapter.

(2) In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of civil penalties for the cost of providing public safety services.

(3) Civil cost recovery fee(s) will not be imposed in those situations where those present at the gathering call for emergency services for an actual emergency at the premises.

(Ord. 3462 § 1 (part), 2006)

(Ord. No. 3641, § I, 2016; Ord. No. 3671, § I, 2017)

Editor's note— Ord. No. 3641, § I, adopted Feb. 9, 2016, retitled the catchline of § 6.75.050 from "Prohibition of loud or unruly gatherings where alcohol is served to, consumed by or in the possession of underage persons" to read as herein set out. Subsequently, Ord. No. 3671, § I, adopted June 13, 2017, retitled the catchline of § 6.75.050 from "Prohibition of loud or unruly gatherings where either alcohol is served to, consumed by or in the possession of underage persons or controlled substances are served to, ingested by or in the possession of underage persons" to read as herein set out.

(a) Administrative Hearing. Any person subject to a civil fine pursuant to Section 6.75.050(a) or subject to a civil cost recovery fee for public safety responses pursuant to Section 6.75.050(b) shall have the right to request an administrative hearing within forty-five days of the issuance of a citation for a civil violation of this chapter [Section 6.75.050(a)] and/or the issuance of a citation for the imposition of civil cost recovery fees for a public safety response as specified in this chapter [Section 6.75.050(b)] pursuant to the authority granted to the board of supervisors by Government Code Section 25845, subdivision (i). To request such a hearing, the person requesting the hearing shall notify the Marin County administrator's office in writing within forty-five days of the issuance of the citation.

The Marin County Administrator's Office shall refer any request for a hearing under Section 6.75.050(a) and/or Section 6.75.050(b) to a county hearing officer. The county hearing officer shall conduct a hearing on the matter within ninety days of the request for the hearing unless one of the parties requests a continuance for good cause. The county hearing officer shall render a decision within thirty days of the conclusion of the hearing. Either party may appeal the decision of the county hearing officer pursuant to the requirements set forth below in subsection (b).

(b) Appeal from Decision of County Hearing Officer. The person upon whom a civil fine is imposed pursuant to Section 6.75.050(a) and/or upon whom a civil cost recovery fee is imposed pursuant to Section 6.75.50(b) may appeal the decision of the county hearing officer. The county may also appeal the decision of the county hearing officer. No appeal can lie unless the party filing the appeal has first properly requested and obtained a hearing under Section 6.75.055(a).

The appeal must be filed within twenty days after service of the final decision issued by the county Hearing Officer pursuant to California Government Code Section 53069.4, subdivision (b). The procedures outlined in Government Code Section 53069.4 shall apply.

(Ord. 3462 § 1 (part), 2006)

(Ord. No. 3641, § I, 2016)

The amount of a civil fine and/or civil cost recovery fee for public safety responses shall be deemed a debt owed to the county by the person found in violation of Section 6.75.050 and therefore liable for a fine under Section 6.75.050(a) and/or fees under Section 6.75.050(b), and, if that person is a juvenile, then also his/her parents or guardians. Any person owing such fine and/or fees shall be liable in an action brought in the name of the county for recovery of such fine and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if the county prevails, as the county reserves the right to seek to recover reasonable attorney fees, on a case by case basis, pursuant to California Government Code Section 25845, subdivision (c). In those cases in which the county seeks to recover reasonable attorney fees, the other party may likewise do so.

(Ord. 3462 § 1 (part), 2006)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this chapter are severable.

The civil fines and fees imposed by this chapter do not preclude other potential civil actions or criminal prosecution under any other provision of law, including but not limited to Penal Code Section 272 and Business and Professions Code Sections 25658, 25658.2 and 25662.

(Ord. 3462 § 1 (part), 2006)

This ordinance shall be and is hereby declared to be in full force and effect as of thirty days from and after the date of its passage and shall be published once before the expiration of fifteen days after its passage, with the names of the supervisors voting for and against the same, in the MARIN INDEPEN-DENT JOURNAL, a newspaper of general circulation published in the county of Marin.

(Ord. 3462 § 1 (part), 2006)