Point Arena Municipal Code Ch. 9.06 Social Host Ordinance

The purposes of this chapter include: protecting the public health, safety and welfare by deterring the service to, and consumption of, alcoholic beverages by underage persons, and reducing the costs to the public of providing law enforcement response services to unruly gatherings and gatherings of underage persons where alcohol is served, both in terms of monetary costs and availability of law enforcement personnel for other calls. Additionally, persons who are held responsible for abetting and tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control.

(Ord. 225 § 1, 2015.)

Terms used in this chapter shall have the following meanings, except as expressly provided by state law:

"Alcohol"

is the definition of "alcohol" in Section 23003 of the California Business and Professions Code, as amended from time to time.

"City"

means the city of Point Arena.

"Response costs"

means the costs associated with responses by law enforcement to unruly and underage gatherings including, but not limited to:

(1)

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

(2)

The cost of any medical treatment to or for any law enforcement personnel injured responding to, remaining at or leaving the scene of an unruly or underage gathering;

(3)

The cost of repairing any equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an unruly or underage gathering; and

(4)

Any costs recoverable in accordance with California Civil Code Section 1714.9.

"Responsible person"

means a person or persons with a right of possession of the residence or other private property in the city at which an underage or unruly gathering may occur, including, but not limited to the following: the owner of record, a tenant, a lessee, any individual organizing the gathering. The "responsible person" does not need to be present at the gathering.

"Underage gathering"

means a party or gathering of two or more persons at a residence, or other private property in the city at which alcoholic beverages are being consumed by any underage person.

"Underage person"

means any person under 21 years of age.

"Unruly gathering"

means a party or gathering of two or more persons at a residence or other private property in the city at which alcoholic beverages are being consumed by an underage person when that party or gathering is being conducted in such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property. Such conduct includes, but is not limited to: excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of the peace, vandalism, littering, and any other conduct that constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 225 § 1, 2015.)

It is unlawful for any person to permit, allow, or host a party, gathering or event as his or her place of residence or other private property, place or premises under his or her control where two or more underage individuals are present and alcoholic beverages are being consumed by any underage individual. It is the duty of the responsible person to control access to alcoholic beverages at the gathering, to verify the age of persons attending the gathering by inspecting identification, and to supervise the activities of underage persons at the gathering.

(Ord. 225 § 1, 2015.)

In the event that a juvenile hosts an unruly or underage gathering at a residence or other private property in the city in violation of this chapter, the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for any penalties and response costs imposed pursuant to this chapter.

(Ord. 225 § 1, 2015.)

Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of not more than $1,000 or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. At the discretion of the charging officer and/or city attorney, violations of this chapter may also be charged as infractions. Violations charged as infractions shall not be subject to imprisonment and shall be subject to a fine not exceeding $500.00 for each offense. If a law enforcement officer elects to charge a violation of this chapter as a criminal violation, such officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. Alternatively, the city attorney may prosecute violations of this chapter by filing a criminal complaint.

(Ord. 225 § 1, 2015.)

Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a nuisance and enforced by a civil court action as provided in Section 8.05.140. Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition may be summarily abated in accordance with Section 8.05.050.

Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective.

(Ord. 225 § 1, 2015.)

In addition, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to or in addition to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the city.

(Ord. 225 § 1, 2015.)

When law enforcement responds to an underage or unruly gathering at a residence or other private property within the city, and issues a citation and/or arrests an individual(s) for violation of this chapter, the officer shall inform any responsible person(s) at the property that an unruly or underage gathering exists; and the responsible person(s) will be charged for any response costs incurred for the response.

(Ord. 225 § 1, 2015.)

Any administrative penalty imposed for violation of this chapter, including any administrative penalties pursuant to other codes or statutes to which violations of this chapter are subject, and any administrative costs or other expenses of enforcement, response costs as defined in this chapter, and the cost or expenses associated with the abatement of a nuisance condition pursuant to this chapter, may be enforced by the recordation of a lien or special assessment on the real property where the violation occurred in accordance with and subject to the requirements of Section 9.06.060.

(Ord. 225 § 1, 2015.)

A responsible person charged with violation of this chapter and upon which law enforcement costs and expenses are imposed may appeal those costs and expenses as set forth in Section 8.05.080.

(Ord. 225 § 1, 2015.)

This chapter 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 persons or property within or without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.

(Ord. 225 § 1, 2015.)

If any provision of this chapter is for any reason held by a court to be unconstitutional or invalid, the city council declares that it would have passed the ordinance codified in this chapter irrespective of the invalidity of the provision held to be unconstitutional or invalid and therefore, such provision shall not affect the remaining provisions of this chapter, and to that end the provisions of this chapter are severable.

(Ord. 225 § 1, 2015.)