Moorpark Municipal Code Ch. 9.32 Social Host

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

(Ord. 338 § 1 Exh. A, 2006)

The city council finds as follows:

A. The city of Moorpark, 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 or consumed by underage persons is harmful to the underage persons themselves and a threat to public health, safety, quiet enjoyment of residential property and general welfare.

C. Any unruly gathering shall constitute a public nuisance, as an immediate threat to public health and safety, quiet enjoyment of residential property and general welfare.

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 underage service and/or consumption. 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 neither served to nor consumed by underage persons at these parties.

E. Landlords have failed to prevent the occurrence or reoccurrence of loud or unruly gatherings, including those where alcoholic beverages are served to or consumed by underage persons, on private property they lease to tenants, which seriously disrupts the quiet enjoyment of neighboring residents.

F. Problems associated with loud or unruly gatherings at which alcoholic beverages are served to or consumed by underage persons are difficult to prevent and deter unless the city of Moorpark police department/Ventura County sheriff's department has the legal authority to direct the host to disperse the gathering.

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

H. Persons held responsible for abetting or tolerating loud or unruly gatherings will be more likely to properly supervise or stop such conduct at gatherings held on property under their possession or control.

I. In the past and present, law enforcement, fire and other emergency response services personnel have and are required to respond, sometimes on multiple occasions, to loud or unruly gatherings on private property at which alcoholic beverages are served to or consumed by underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the city of Moorpark, which are under-written by general municipal taxes paid to the city by its taxpayers and residents and delaying police responses to regular and emergency calls to the rest of the city.

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. An ordinance that imposes strict liability on property owners and other responsible persons for the nuisances created by loud and unruly gatherings is necessary to deter and prevent such gatherings. Persons who actively and passively aid, allow or tolerate loud or unruly gatherings shall be held strictly liable for the nuisances created by such gatherings and the costs associated with responding to such gatherings. Any such gathering as defined by this chapter shall be deemed to be a public nuisance.

(Ord. 338 § 1 Exh. A, 2006)

The purposes of this chapter are:

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

B. To enforce laws prohibiting the service to and consumption of alcoholic beverages by underage persons; and

C. To reduce the costs of providing police, fire and other emergency response services to loud or unruly gatherings, by imposing a civil fee against social hosts and landowners (including landlords) for the recovery of costs associated with providing law enforcement, fire and other emergency response services to loud or unruly gatherings, including those where alcoholic beverages are served to or consumed by underage persons.

(Ord. 338 § 1 Exh. A, 2006)

For the purposes of this chapter, the following terms shall have the following meanings:

"Alcohol"

means 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, wine, or beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Juvenile"

means any person under 18 years of age.

"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:

Excessive noise:

Excessive traffic;

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

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

Service to or consumption of alcohol or alcoholic beverages by any underage person, 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. A loud or unruly gathering shall constitute a public nuisance.

"Residence or other private property"

means and includes, but is not limited to, a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, or any other structure or facility 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:

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(s);

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

The cost of repairing any city/county 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 possession in the residence or other private property on which a loud or unruly gathering is conducted, including, but not limited to:

An owner of the residence or other private property;

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

The landlord of another person responsible for the gathering;

The person(s) in charge of the residence or other private property; and

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

"Underage person"

means any person under twenty-one (21) years of age.

(Ord. 338 § 1 Exh. A, 2006)

Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the city of Moorpark 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. 338 § 1 Exh. A, 2006)

A. It shall be a 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. Notwithstanding any provision of Chapter 1.16 to the contrary, the city may issue an administrative citation for any violation of this chapter, with a fine amount as set by city council resolution, which fine amount shall be in addition to any recovery of response costs that might be imposed under Section 9.32.070.

C. Any second (2nd), third (3rd) or subsequent violations of this chapter 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 residence or other private property.

D. The fine and any response costs imposed a "rolling schedule" meaning that in calculating the costs payable the city shall 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 12 month period. A warning given pursuant to this chapter shall remain in effect for the residence or other private property at a given address until a full 12 month period has elapsed during which there have been no response to a loud or unruly gathering at that residence or other private property.

E. The fines set forth in this section may be appealed pursuant to Section 9.32.100. The payment of any such fines shall be stayed upon any timely appeal.

(Ord. 338 § 1 Exh. A, 2006; Ord. 367 § 1, 2008)

When 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 of Moorpark within a 12 month period of a warning given to a responsible person for a loud or unruly gathering, all responsible persons shall be jointly and severally liable for the city's costs of providing response costs for that response and all subsequent responses during the warning period.

When a law enforcement, fire or other emergency response provider official makes an initial response to a loud or unruly gathering at a residence or other private property within the city of Moorpark, the official shall inform any responsible person(s) for the gathering at the scene that: (a) the official has determined that a loud or unruly gathering exists; and (b) responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a twelve (12) month period.

Only one warning will be given to a responsible person(s) pursuant to this section before the city of Moorpark assesses response services costs pursuant to this section. If a responsible person cannot be identified at the scene, the official may issue a warning to one or more persons identified in Section 9.32.040 and/or subsequently return to the residence or other private property and issue the warning to a then-present responsible person. Warnings given to responsible persons who do not reside at the residence or other private property in question shall be delivered by first class or certified mail.

(Ord. 338 § 1 Exh. A, 2006)

The amount of response costs shall be deemed a debt owed to the local entity by the responsible person held liable in Section 9.32.070 for the loud or unruly gathering and, if a juvenile, by the juvenile's parents or guardians. Any person owing such costs shall be liable in a civil action brought in the name of the city for recovery for such fees, including reasonable attorney fees.

Notice of the costs for which the responsible person is liable shall be mailed via first class or certified mail within 14 days of the response giving rise to such costs. The notice shall contain the following information:

A. The name of the person(s) being held liable for the payment of such costs;

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

C. The date and time of the response;

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

E. The date and time of any previous warning given pursuant to this chapter and/or previous responses to loud or unruly gatherings at the residence or other private property in question within the previous 12 months; and

F. An itemized list of the response costs for which the person(s) is being held liable.

(Ord. 338 § 1 Exh. A, 2006)

Nothing in this chapter shall be construed as a waiver by the city of Moorpark of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures, including Noise in Residential Zones, Chapter 9.28, Sections 9.28.010 through 9.28.040. 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. 338 § 1 Exh. A, 2006)

Any person receiving an administrative citation may contest the citation pursuant to Chapter 1.16, Administrative Citations, Sections 1.16.100 through 1.16.130.

(Ord. 338 § 1 Exh. A, 2006)

If any provisions of this chapter or its application to any person or circumstance are held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. 338 § 1 Exh. A, 2006)

This chapter shall not apply to activities protected by Article 1, Section 4 of the California Constitution or the 1st (First) or 14th (Fourteenth) Amendment of the United States Constitution.

(Ord. 338 § 1 Exh. A, 2006)