Rialto Municipal Code Ch. 9.48 Fees for Second Response to Parties or Gatherings

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Editor's note— Ord. No. 1488, § 1, adopted April 26, 2011, repealed the former Chapter 9.48, §§ 9.48.010—9.48.050, and § 2 of Ord. No. 1488 enacted a new Chapter 9.48 as set out herein. The former Chapter 9.48 pertained to similar subject matter and derived from Ord. No. 1087, 1989 and Ord. No. 1417, 2008.

The city council finds that there exists and has existed an increasing trend toward large parties and disturbances both at rental facilities and private homes within the city. Such incidents on many occasions disturb the public peace, safety, and welfare thereby requiring police services over and above those normally provided. Therefore, the council further finds that it is in the best interest of the public safety, welfare, and convenience of the city as well as in fairness to its citizens to require those persons whose disturbance requires utilizing the additional police services to partially defray the city's expense for providing the same.

In addition, the purpose of this section is to protect the public health, safety and general welfare by enhancing the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors and reducing the costs of providing police services to parties, gatherings or event requiring a response, by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances.

(Ord. No. 1488, § 2, 4-26-11)

The words and phrases used in this section have the meanings set forth in this section.

"Alcohol" shall have the same meaning as in the Business and Professions Code Section 23003 or any successor section.

"Alcoholic beverage" shall have the same meaning as in the Business and Professions Code Section 23004 or any successor section.

"Controlled substance" means a drug or substance whose possession and use are regulated under the California Controlled Substances Act (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 such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

"Gathering" is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

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

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

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

"Person responsible" means the person who knows or should reasonably know that the subject premises are being used to host, allow, or permit a gathering. Such person(s) shall rebuttably be presumed to be, in order of priority: (i) the owner(s) of the premises where the gathering takes place; (ii) the tenant(s) of the premises where the gathering takes place; (iii) person(s) who hosted, permitted, or allowed the gathering; and/or (iv) in the event that the person(s) responsible is a minor, then the parent(s) or guardian(s) of that minor.

"Police services fee" is the actual cost associated with response by law enforcement, fire and other emergency response providers to a gathering, including but not limited to: (i) actual salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (ii) the actual cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (iii) the actual cost of repairing any city equipment or property damaged, and the actual cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (iv) any other allowable and reasonable costs related to the enforcement of this Chapter 9.48.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(Ord. No. 1488, § 2, 4-26-11)

Except as permitted by state law, it is unlawful for any minor to:

A. Consume any alcoholic beverage, marijuana or other controlled substance;

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

C. Consume any alcoholic beverage in any public place.

(Ord. No. 1488, § 2, 4-26-11)

A. Except as permitted by state law, it is unlawful for any person having control of any premises to host, permit, or allow a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having control of the premises either knew or should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance when the person has not taken all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana or other controlled substance by a minor as set forth in subsection B of this section.

B. It is the duty of any person having control of any premises, and who hosts, permits, or allows a gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by any minor at the gathering. Reasonable steps include but are not limited to controlling access to alcoholic beverages; controlling the quantity of alcoholic beverages present at the gathering; prohibiting the consumption of marijuana and all controlled substances at the gathering; verifying the age of 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 supervising the activities of minors at the gathering.

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

D. A person who hosts, permits, or allows a gathering shall be deemed to have 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 and controlled substances by minors as set forth in subsection B.

E. A person who hosts, permits or allows a gathering shall not be in violation of this section if he or she seeks immediate assistance from the Rialto police department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this section, or to terminate the gathering because the host has been unable to prevent minors from consuming or possessing alcoholic beverages, marijuana or controlled substance despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering.

F. This section shall not apply to any location or place regulated by the California Department of Alcoholic Beverage Control.

G. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or guardian, as permitted by Article I, Section 4 of the California Constitution.

(Ord. No. 1488, § 2, 4-26-11)

It shall be unlawful and a public nuisance to host, permit, or allow a gathering on any private property when such gather constitutes a substantial disturbance of the quiet enjoyment of private or public property. Such unlawful conduct may include, but is not limited to: excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcoholic beverages to minors, fights, disturbances of the peace, vandalism, and/or litter.

(Ord. No. 1488, § 2, 4-26-11)

A gathering constituting a public nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded, and citation and/or arrest of any person under any applicable local laws and state statutes, including, but not limited to: Rialto Municipal Code Chapter 9.50 (excessive noise), Penal Code Sections 415 and 416 (Breach of Peace); Penal Code Section 374, et seq. (Litter); Penal Code Section 647(f) (Public Intoxication/Obstruction of Public Way); Business and Professions Code Section 25658 (Selling Alcohol to Minors), Vehicle Code Section 23224 (Possession of Alcoholic Beverage in Vehicle, Persons Under 21); and Penal Code Section 12020, et seq. (Unlawful Carrying and Possession of Concealed Weapons).

(Ord. No. 1488, § 2, 4-26-11)

A. Posting of Premises. When the city intervenes at a gathering that constitutes a public nuisance under this section, the premises at which such nuisance occurred shall be posted with a notice, substantially in the form attached as "Exhibit A" to Ordinance No. 1488, stating that a public nuisance under this section was caused by a gathering at the premises, the date and time of the police intervention, and that any subsequent police intervention with respect to a public nuisance under this section at said premises, within ninety days of the first intervention, shall result in the joint and several liability of any person causing the public nuisance and any and all person(s) responsible ("notice"). The residents and persons in control of such property, and the sponsors of the event, shall be responsible for ensuring that such notice is not removed or defaced and shall be liable for a civil penalty in an amount set by city council resolution, in addition to any other penalties which may be due under this section or under this code, if such notice is removed or defaced, provided however that the residents of the premises or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display. The notice shall remain posted for ninety days.

B. Mailing of Notice to Property Owner. Notice of the police intervention shall also be mailed to the owner of the offending property, substantially in the form attached as "Exhibit B" to Ordinance No. 1488, at the address shown on the city's property tax assessment records. Such Notice shall advise the property owner that any subsequent gathering resulting in a public nuisance within ninety days on the same premises necessitating city intervention shall result in liability of the property owner as set forth in Section 9.48.070(A).

(Ord. No. 1488, § 2, 4-26-11)

A. If the city is required to respond to a gathering constituting a public nuisance on the same premises within ninety days of having posted and/or mailed notice, persons responsible for the gathering shall be jointly and severally liable for the police services fee assessed for the cost of the response to the gathering, in addition to any other applicable penalties set forth in the Rialto Municipal Code or other provision of law. The police services fee shall include, but is not limited to, personnel and equipment costs, damages to city property and/or injuries to city personnel. The cost of such second or subsequent response shall be billed to and collected from the persons liable therefor, provided that a warning was given on the first response that such costs could be incurred if a second response should be required. Officers' and employees' time shall be billed at the actual pay rate for each officer or employee responding to the incident in accordance with Section 9.48.090 of this chapter. Accounting and billing procedures shall be set up to verify the costs billed in accordance with this chapter.

B. The amount of any police services fee imposed by this section shall be a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any police services fee which is not paid within ten days after being billed to the person(s) responsible for payment thereof. In any such action, any judgment may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the person(s) responsible. The city shall be entitled to recover its attorney fees and costs incurred in collecting the police services fee, late charges and/or interests.

C. Nothing contained in this section shall in any way affect the ability of the police to issue citations or make arrests for violations of state or local laws.

D. If the city is required to respond to a gathering constituting a public nuisance at the same premises more than once in any ninety-day period, the ninety-day period set forth in this subsection shall be extended by another ninety (90) days from the date of the latest gathering.

(Ord. No. 1488, § 2, 4-26-11)

Any and all personnel who may be deployed by the city pursuant to this chapter shall be deemed to be on regular duty under the general supervision of the chief of police or chief of the fire department, and any officer in charge under their respective commands, and shall be entitled to any and all benefits provided by law or ordinance for such personnel as employees of the city, except that the rate of pay for such services shall be as set forth herein. The pay for each employee thus employed during such employment shall be at his or her fully burdened rate of pay as established by resolution of the city council from time to time. The chief of police or other department head, as the case may be, shall report to the director of finance the name of the person, firm, organization or corporation requiring such personnel, the names of the employees so employed and the number of hours of employment of each. The director of finance shall thereupon bill the person, firm, organization or corporation requiring such personnel for the amount paid to each plus the cost of workmen's compensation charges and other administrative costs. Any failure of such person, firm, organization or corporation to make payment therefore shall constitute a debt due solely to the city.

(Ord. No. 1488, § 2, 4-26-11)

The chief of police may adopt administrative rules and regulations which are consistent with the provisions of this chapter for the purpose of implementing the same.

(Ord. No. 1488, § 2, 4-26-11)

Any violation of any provision of this chapter shall be a misdemeanor punishable as set forth in Chapter 1.15 of this code. In addition, any person found to be in violation of any provision of this chapter ("citee") shall be subject to administrative citation under Chapter 1.10 of this code.

(Ord. No. 1488, § 2, 4-26-11)