Rohnert Park Municipal Code Ch. 9.48 Alcohol Offenses, Loud and Unruly Gatherings, and Social Host…

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Editor's note— Ord. No. 951, § 4, adopted Sept. 8, 2020, repealed the former ch. 9.48, §§ 9.48.010—9.48.030 and 9.48.050—9.48.100, and enacted a new ch. 9.48 as set out herein. The former ch. 9.48 pertained to alcohol offenses/loud parties, and derived from Ord. No. 581 § 1, adopted in 1993; Ord. No. 745 § 1 (part), adopted in 2005; Ord. No. 852, §§ E, F, adopted Dec. 11, 2012; and Ord. No. 863, §§ 2—4, adopted Aug. 27, 2013.

The title of this chapter shall be "Alcohol Offenses, Loud and Unruly Gatherings, and Social Host Accountability."

(Ord. No. 951, § 4, 9-8-2020)

This chapter shall be not be interpreted in a manner so as to prohibit activities that are protected by state or federal law, including but not limited to Article 1, Section 4, of the California Constitution; the California Alcohol Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution.

(Ord. No. 951, § 4, 9-8-2020)

For the purpose of this chapter, the following definitions shall apply:

A. "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.

B. "Juvenile" means and includes any person under the age of eighteen years old.

C. "Loud or unruly gathering" means a party at a residence, on other private property, or any public property, upon which loud or unruly conduct occurs. For purposes of this chapter, loud or unruly conduct includes:

1. Causing excessive noise in violation of any city code, permit, or statute; making, continuing, maintaining or causing to be made or continued, any excessive, unnecessary, unreasonable or unusually loud noise in such a manner as to disturb the quiet and repose of the residents of nearby properties so as to interfere with the comfortable enjoyment of life and property;

2. Causing traffic in excess of the normal amount of pedestrian or vehicular activity for the zoning district at such time of day;

3. Causing obstruction of public streets by vehicles and/or the presence of unruly crowds that have spilled into public streets;

4. Unlawful use of controlled substances as defined in the California Health and Safety Code;

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

6. Consumption of alcoholic beverages by any underage persons, or service of alcoholic beverages to underage persons;

7. Assaults, batteries, fights, domestic violence or other disturbances of the peace;

8. Vandalism;

9. Littering; or

10. Any other conduct which endangers public health or safety or interferes with the quiet enjoyment of residential property.

D. "Minor" for purposes of this chapter means and includes any person under the age of twenty-one years old.

E. "Other private property" refers to a hotel or motel room, or short term or vacation rental; an assembly hall or meeting room; a common room of a dwelling unit used for a party (e.g., community room of an apartment building); a site in a privately owned campground or upon a vacant lot; or privately owned agricultural or rural land.

F. "Party" means a gathering or event at a residence, other private property or rented public property where a group of two or more persons have assembled or are assembling for a social occasion or a social activity.

G. "Public safety services personnel" shall mean and include public safety department responders, other law enforcement responders, and any other emergency or non-emergency response providers.

H. "Residence" includes a dwelling unit such as a home, condominium, accessory dwelling unit or apartment; structures on a privately owned parcel other than the dwelling unit such as a garage, studio, tent, swimming pool, or barn; land on the residence whether improved or unimproved, such as a yard, patio, or open field; or a motor vehicle, camper, trailer, or other vehicle or vessel located on a privately owned parcel.

I. "Response costs" means and includes all costs incurred by or associated with responses by public safety services personnel to loud or unruly gatherings, including, but not limited to:

1. The portion of the cost of salaries and benefits for public safety services 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 public safety services 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 equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or unruly gathering.

J. "Responsible person" means and includes:

1. The person who owns, rents, leases, occupies, resides in or otherwise has control of the residence, other private property, or public property where the loud or unruly gathering occurs; and/or

2. The person in charge of the residence, other private property, or public property where the loud or unruly gathering occurs; and/or

3. The person who hosted, organized or sponsored the event which resulted in a loud and unruly gathering, and if such person is a minor, then in addition that person's parents or legal guardians.

K. "Social host" shall mean any responsible person who knew or should have known that a minor is in possession of, or consuming any alcohol, alcoholic beverage, marijuana and/or a controlled substance regulated under the California Health and Safety Code or has possessed or consumed any alcohol, alcoholic beverage, marijuana and/or a controlled substance at the loud and unruly gathering or party.

L. "Underage person" means any person less than twenty-one years of age and shall have the same meaning as "minor," defined above.

(Ord. No. 951, § 4, 9-8-2020)

A. No person shall permit, allow, or host a party where minors are present and alcoholic beverages are in the possession of or being consumed by same.

B. It is the duty of any responsible person who knowingly hosts, permits, or allows a party to take all reasonable steps to prevent the service to, and/or possession and/or consumption of, any alcohol, alcoholic beverage, marijuana and/or controlled substance by any minor.

C. It shall be unlawful for any responsible person to fail to take reasonable steps to prevent the possession and/or consumption of any alcohol, alcoholic beverage, marijuana and/or a controlled substance by any minor, or to control the service of any alcohol, alcoholic beverage, marijuana and/or a controlled substance at such party. As used in this subsection, reasonable steps shall mean and include, but shall not be limited to:

1. Controlling access to alcohol, alcoholic beverages, marijuana and/or controlled substances;

2. Controlling the quantity of alcohol or alcoholic beverages at the party;

3. Verifying the age of persons at the party by inspecting government-issued driver's license or identification card to ensure that minors do not consume alcohol, alcoholic beverages, marijuana and/or a controlled substance while at the party; and

4. Supervising the activities of minors at the party.

D. Whenever a responsible person or social host is present during a party when a minor has possessed, consumed, or has been served any alcohol, alcoholic beverage, marijuana and/or a controlled substance it shall be prima facie evidence that the person knew or should have known that the minor was in possession of, consumed, or was served alcohol, alcoholic beverages, marijuana and/or a controlled substance if the responsible person or social host failed to take all reasonable steps to prevent the possession, consumption, and/or service of alcohol, alcoholic beverages, marijuana and/or a controlled substance to the minor.

(Ord. No. 951, § 4, 9-8-2020)

A. Loud and Unruly Gathering Prohibited. It shall be unlawful and constitute a public nuisance to cause, conduct, allow, permit, suffer, or host a loud and unruly gathering.

B. Loud and Unruly Gathering Subject to Abatement. A loud and unruly gathering may be abated by the city by all reasonable means including, but not limited to, an order requiring the party to be disbanded and citation and/or arrest of any violators under any applicable local laws and state statutes including but not limited to: Penal Code Sections 415 and 416 (Breach of the Peace); Penal Code Section 374 et seq. (Litter); Penal Code Section 647 (Public Intoxication/Obstruction of Public Way); Business and Professions Code Section 25658 (Selling Alcohol to Minors); and Vehicle Code Section 23224 (Possession of Alcoholic Beverage in Vehicle, Persons Under 21).

(Ord. No. 951, § 4, 9-8-2020)

A. Posting of Premises. When public safety services personnel respond to a loud and unruly gathering under this chapter, the premises at which such gathering occurred may be posted with a notice stating that the intervention of the city has been necessitated as a result of a public nuisance caused by an event at the premises. The notice shall further state the date of the intervention, and warn that any subsequent violation(s) of this chapter necessitating additional city intervention within a twelve-month period therefrom on the same premises shall result in the joint and several liability of the responsible person(s), as well as the property owner(s). The responsible person(s) and property owner(s) shall be jointly responsible for ensuring that such notice is not removed or defaced during the twelve-month period listed in the notice and shall each be liable for a civil penalty of five hundred dollars in addition to any other penalties which may be due under this section if such notice is removed or defaced; provided, however, that the residents of the house or owner, 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 in public view.

B. Service of Notice to Responsible Person(s) and Property Owner(s). In addition to the posting of premises, notices shall be mailed to the responsible person(s) at the premises in question, as well as to any property owner(s) of record in accordance with provisions of Section 1.24.130(A)(2) of this code. The notice shall reiterate to the responsible person(s) and property owner(s) that any subsequent event(s) on the same premises necessitating city intervention within twelve months may subject the property owner(s) and all responsible person(s) to all response costs associated with such intervention.

C. A property, once posted, shall remain posted for the duration of the twelve-month posting period, irrespective of changes in tenancy, property ownership, or both.

(Ord. No. 951, § 4, 9-8-2020)

A. Persons Liable for Loud and Unruly Gathering. If the city is required to respond to a loud and unruly gathering, regardless of whether it is a first or subsequent offense, each of the following persons shall be liable for criminal penalties as set forth in Section 1.16.010 of this code and civil penalties as set forth in this chapter, in addition to joint and several liability for any injuries to city personnel or damage to city property:

1. The person or persons who own the property where the gathering constituting a public nuisance took place, provided that notice has been mailed to the owner of the property as set forth herein and the loud and unruly gathering occurs more than five days after the mailing of such notice.

2. Any social host or responsible person.

3. Every person attending or participating in a loud or unruly gathering who engaged in any activity resulting in a public nuisance. The individual's presence upon the premises, during the time the activity resulting in the public nuisance occurred, shall be prima facie evidence that the person knew or should have known that a violation of this chapter was occurring.

B. Civil Penalty Amounts. The amount of civil penalties for any violation of this chapter may be established by resolution of the city council. Civil penalties may be imposed by issuance of administrative citation under Chapter 1.25 of this code, and shall be subject to appeal in accordance with Chapter 1.26 of this code.

C. Liability for Response Costs Regarding Events With Minors and Alcohol. All responsible persons and/or social hosts shall be jointly and severally liable for response costs incurred when public safety service personnel respond to a loud or unruly gathering where at least one minor is possessing, consuming, or being served, or where at least one minor has possessed, consumed, or been served any alcohol, alcoholic beverages, marijuana, and/or a controlled substance. No prior warning or notification shall be required before the assessment of response costs if response costs are being imposed pursuant to this section. Public services safety personnel responding shall be deemed to be on special security assignment, and the costs of responding to a loud and unruly gathering where minors are possessing, consuming, or being served alcohol are declared to be beyond the normal police services provided by the city or public safety services personnel.

D. Liability for Second or Subsequent Response Costs for Loud and Unruly Gathering. Whenever public safety service personnel determine that a loud or unruly gathering is occurring, such personnel shall notify the responsible person(s) that the gathering constitutes a public nuisance and that responsible person(s) may be held jointly and severally liable for any second or subsequent response to the same premises as a result of a loud or unruly gathering during the twelve-month time period when notice may be required to be posted under Section 9.48.060. During this twelve-month period, regardless of whether notice is actually posted under Section 9.48.060, response costs for any second or subsequent response by public safety service personnel to the premises may be imposed on the responsible person(s) jointly and severally with any property owner, except as otherwise provided for in subsection F of this section. Public services safety personnel responding to second or subsequent response at a property during this twelve-month period shall be deemed to be on special security assignment, and the costs of responding to a loud and unruly gathering for a second or subsequent time are declared to be beyond the normal police services provided by the city or public safety services personnel.

E. Remedies Non-Exclusive. Remedies available to the city under this chapter shall be cumulative and shall not be deemed to be exclusive of each other or of any other remedies available to the city at law or in equity. Any person violating the provisions of this chapter shall be subject to any other legal remedies of the city for abatement of public nuisances as set forth in the code or available under law, including, but not limited to, injunctive relief.

F. Limitations on Liability. Notwithstanding anything in this chapter, this chapter shall not be construed to impose liability on a property owner of a premises where five or fewer days have elapsed from the date that notice of posting of the premises was mailed to the property owner pursuant to Section 9.48.060; or where the property owner has demonstrated due diligence in abating or removing tenants who violate this chapter and is actively engaged in eviction proceedings or waiting any time period prescribed by law prior to eviction. Additionally, fines and penalties and recovery of response costs, shall not be imposed in those situations where a responsible person calls for assistance from public safety services personnel in order to disperse a loud and unruly gathering or to respond to an actual emergency at the premises.

(Ord. No. 951, § 4, 9-8-2020)

A. Debt Owed. The amount of any civil fine and/or response costs under this chapter shall be deemed a debt owed to the City of Rohnert Park by any persons liable under this chapter. In addition to being subject to collection under Chapter 1.27 of this code, any person owing such fine and/or cost shall be liable in an action brought in the name of the city for recovery of such fines and/or costs, and subject to all remedies for debt collection allowed by law.

B. Attorneys' Fees. Pursuant to Government Code Section 38773.5, in the event that the city initiates an action to abate any violation of this chapter or to recover the costs of abatement, the prevailing party may be awarded reasonable attorneys' fees if the city provides notice at the initiation of the action that the city elects to recover its own attorneys' fees.

C. Mailed Statement of Costs. The department of public safety shall mail a statement, in accordance with the requirements of Section 1.24.130(A)(2) of this code, imposing payment of response costs. The statement shall include an itemized list of applicable response costs, and shall contain the following information:

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

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

3. The date and time of the response;

4. The public safety service personnel who were present;

5. The date and time of any previous warning given pursuant to Section 9.48.060;

6. An itemized list calculating the response costs for which the responsible person(s) is liable;

7. Information regarding the date payment is due;

8. The right to request an administrative hearing;

9. The possibility of imposition of a lien on the subject property in the event of non-payment.

D. Duty to Pay.

1. Persons who have been issued a statement of costs shall remit payment of response costs to the City of Rohnert Park within twenty-one days of the statement date. The duty to pay such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 9.48.090. If no administrative hearing is requested, and if payment of the response costs are not remitted within twenty-one days, such costs shall be subject to penalty and collection procedures as provided in Chapters 1.25 and 1.27 of this code.

2. If following an administrative hearing, the responsible person(s) is determined to be liable for response costs, any deposit of response costs shall be retained by the city. In cases of an approved hardship waiver, the due date for payment of response costs shall be established in the administrative order issued following hearing.

(Ord. No. 951, § 4, 9-8-2020)

A. Any person who has been mailed a statement imposing payment of response costs shall have the right to request an administrative hearing in the time and manner set forth in Chapter 1.26 of this code.

1. A written request for an administrative hearing must be made within and including fifteen days from the mailing or personal service date of the notice of civil cost recovery. A deposit in the same amount as the assessed response costs must accompany the request for hearing. Incomplete requests shall not be accepted.

2. Advance Deposit Hardship Waiver. A person requesting an administrative hearing may request that the city manager or their designee waive the requirement of an advance deposit and issue an advance deposit hardship waiver. The request must be submitted at the time the request for administrative hearing is made, and must include a sworn declaration, together with any supporting evidence demonstrating the person's actual financial inability to deposit the full amount of the response costs.

(Ord. No. 951, § 4, 9-8-2020)