National City Municipal Code Ch. 10.43 Alcohol, Marijuana, and Other Controlled Substances Offenses by Minors…

Footnotes:

--- (4) ---

Editor's note— Ord. No. 2019-2459, § 1, adopted June 4, 2019, changed the title of Chapter 10.43 from "Alcohol and Illegal Drug Offenses by Minors and Juveniles, and Reimbursement from Responsible Persons for the Cost of Enforcement Services" to read as herein set out.

"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

"Alcoholic beverage" is as defined by Business and Professions Code Section 23004.

"Controlled substances or illegal drugs" shall include all narcotics, drugs, or substances, whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription.

"Enforcement services" includes the salaries and benefits of law enforcement, fire, code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement, fire, code enforcement personnel, or other emergency response personnel; and the cost of repairing any damaged city equipment or property; and the cost arising from the use of any damaged equipment in responding to, remaining at, or leaving the party, gathering, or event.

"Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

"Juvenile" means any person under eighteen years of age.

"Marijuana," for purposes of this chapter, shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code.

"Minor" means any person under twenty-one years of age.

"Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.

"Party, gathering, or event" means a party or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity.

"Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased, rented, or used with or without compensation.

"Responsible person" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises including the landlord of another person responsible for the gathering; or (3) any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter. To incur liability for enforcement services imposed by this chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This chapter therefore imposes vicarious as well as direct liability upon a responsible person.

A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

Except as permitted by state law, no minor shall:

A. Consume at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or

B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

Editor's note— Ord. No. 2019-2459, § 1, adopted June 4, 2019, changed the title of Section 10.43.020 from "Unsupervised consumption of alcohol by minor on private property" to read as herein set out.

A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor.

B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to:

(1) Controlling access to alcoholic beverages, marijuana, or other controlled substances at the gathering;

(2) Controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering;

(3) Verifying the age of the persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and

(4) Supervising the activities of minors at the gathering.

C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section.

D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section.

E. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

Editor's note— Ord. No. 2019-2459, § 1, adopted June 4, 2019, changed the title of Section 10.43.030 from "Serving of alcohol and/or controlled substances to minors at parties, gatherings or events on private property" to read as herein set out.

When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer, fire or code enforcement personnel, or other emergency response providers at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police, fire, code enforcement personnel, or other emergency response providers.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the city by the person responsible for the event and, if that person is a juvenile, their parents or guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the city for recovery of the same.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

The city of National City reserves its right to seek reimbursement for actual costs of enforcement 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 statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this article.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)

A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this chapter may be charged as a misdemeanor in accordance with National City Municipal Code Chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail.

B. Public Nuisance. A violation of the chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance.

(Ord. 2235 § 1 (part), 2003; Ord. No. 2019-2459, § 1, 6-4-2019)