Simi Valley Municipal Code Ch. 40 Hosting Gatherings of Underage Drinkers

(a) Underage persons consuming alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises is harmful to the underage persons themselves and a threat to the peace, health, safety, quiet enjoyment of residential property and the general welfare of the public. Underage persons, who have been consuming alcoholic beverages, are at greater risk to be in automobile accidents, to commit suicide, to be assaulted, and to suffer sexual assaults.

(b) Persons responsible for the occurrence of these types of gathering 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.

(c) Problems associated with gatherings involving underage persons drinking alcohol are difficult to prevent and deter. Police need effective tools to deal with the issue of underage drinking and its attendant problems. If persons are held civilly responsible by having to pay a fine for hosting a party where there is underage drinking, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control.

(d) 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 these types of gatherings. The repeated return of police officers to the location of an event constitutes a drain of emergency personnel and resources, often leaving other areas of the City without police protection or with unreasonably limited protection. Responses to such gatherings also result in a disproportionate expenditure of public safety resources of the City of Simi Valley, which are underwritten by general municipal taxes paid to the City by its taxpayers and residents.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

(a) To enforce laws prohibiting the service to and consumption of alcoholic beverages by underage persons;

(b) To protect public health, safety, general welfare and quiet enjoyment of residential property and properties neighboring one of these gatherings; and

(c) To establish standards and controls of parties, gatherings or assemblages involving underage persons consuming alcoholic beverages on private property.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

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

(a) "Alcoholic beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half (½) 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 any person under eighteen (18) years of age.

(c) "Gathering of underage drinkers" shall mean a party, event or gathering where four (4) or more underage persons are present at a residence or other private property in which alcoholic beverages are being consumed or possessed by any underage person.

(d) "Residence" or "other private property" shall mean a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, 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.

(e) "Responsible person" shall mean a person or persons with a right of possession of the residence or other private property at which a gathering of underage drinkers is conducted. A responsible person need not be present at such gathering and prior knowledge of the gathering of underage drinkers is not a prerequisite to a finding that any specific individual is a responsible person as defined by this section. Responsible person includes, but is not limited to:

(1) Owner(s) and/or lessee(s) of the property where a gathering of underage drinkers is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2) Person(s) hosting a gathering of underage drinkers;

(3) Person(s) receiving money or other consideration for granting access to a gathering of underage drinkers;

(4) Parent(s) or legal guardian(s) of a minor who is also a responsible person;

(5) Tenant of the residence or other private property;

(6) Person(s) in charge of the residence or other private property.

(f) "Underage person" shall mean any person under twenty-one (21) years of age.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

(a) Any gathering of underage drinkers shall constitute a public nuisance, as an immediate threat to public health and safety.

(b) As a public nuisance, the gathering of underage drinkers may be summarily abated by police by all reasonable means, singularly or in combination, including, but not limited to:

(1) An order requiring the gathering to be disbanded;

(2) Issuance of a civil citation under this chapter;

(3) Issuance of a citation and/or arrest of any law violators under any other applicable ordinances and/or statutes.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

(a) A violation of this chapter shall only be prosecuted as a civil penalty pursuant to the procedures in Chapter 8 of Title 1. Notwithstanding Chapter 8 of Title 1, a violation subjects any and all responsible persons, as defined in this chapter, to a civil penalty of One Thousand and No/100ths ($1,000.00) Dollars.

(b) If the owner of the private property has leased the property to another person, such owner shall not be considered a responsible person until such owner receives notice of at least one previous gathering of underage drinkers on his property in the prior twelve (12) months. Notice shall be by a copy of the citation transmitted via certified mail, return receipt requested, and first class mail to the owner of the private property as recorded by the last equalized assessment roll of the Ventura County Assessor.

(c) In the event that a gathering of underage drinkers is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this chapter.

(d) In the event a juvenile is found to be a responsible person as defined by this chapter, the juvenile may serve forty (40) hours of community service and pay City administrative fees, if any, as an alternative to paying the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars upon the prior written consent and approval of the Chief of Police or designee.

(e) The parents or guardians of a juvenile found to have hosted a gathering of underage drinkers may also request to have that juvenile serve forty (40) hours of community service as described in subsection (d) of this section, and pay City administrative fees, if any, as an alternative penalty to paying the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars.

(f) The Chief of Police or designee shall retain the discretion to approve the community service suggested by the juvenile. Upon approval of the Chief of Police or designee to perform community service, the juvenile shall complete the forty (40) hours within six (6) months of approval, and shall submit proof of completion to the Chief of Police. Failure to receive approval to perform community service or failure to complete the forty (40) hours of service shall result in an imposition of the civil penalty of One Thousand and No/100ths ($1,000.00) Dollars, which is immediately payable. No reduction in the penalty is authorized for completion of less than forty (40) hours of community service.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

(a) When a law enforcement, fire, or other emergency response provider makes an initial response to a gathering of underage drinkers, the official shall, in writing, inform any responsible person(s) for the gathering at the scene that:

(1) The official has determined that a gathering of underage drinkers exists; and

(2) That if emergency response providers make at least three (3) subsequent responses to the same location within a six (6) month period from the initial response, responsible person(s) will be charged for any response costs required for the third subsequent response, i.e., for the fourth response.

(b) Within thirty (30) calendar days of the initial response and each response thereafter, an additional written warning shall be transmitted via certified mail to the owner of the private property as recorded by the last equalized assessment roll of the Ventura County Assessor.

(c) This section applies to the costs of abatement of the summary nuisance described in Section 5-40.04, and costs are recovered pursuant to California Government Code Section 38773.1 and Chapter 8 of Title 1 of the Simi Valley Municipal Code.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

(a) The response costs shall also be deemed a civil penalty and are collectable pursuant to the procedures in Chapter 8 of Title 1 of this Code. A person owing such costs shall be liable in an administrative civil proceeding for recovery for such fees.

(b) If the responsible person is a juvenile, then the juvenile's parents or guardians shall be liable for the response costs.

(c) Any citation issued for a violation of this chapter shall contain, at a minimum, 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 gathering of underage drinkers occurred;

(3) The date and time of the response;

(4) The law enforcement, fire or emergency service provider who responded;

(5) The date(s) and time(s) of any previous warning(s) given pursuant to Section 5-40.06 and/or previous responses to gatherings of underage drinkers at the residence or other private property in question within the previous six (6) months;

(6) An itemized list of the response costs for which the person(s) is being held liable. The police shall calculate and compile an itemized list of the applicable response costs; and

(7) The imposition of a lien on the subject property in the event of nonpayment of response costs.

(d) If a timely request for an administrative hearing pursuant to Section 1-8.109 is not made, such costs, if unpaid within thirty-five (35) days of notice, shall become a lien against the property as is authorized by Government Code Section 38773.1.

(e) If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be responsible for any costs pursuant to this section, such costs, if unpaid within thirty-five (35) days of notice of the final determination, shall become a lien against the property as is authorized by Government Code Section 38773.1.

(f) Under either subsections (d) and (e) of this section, a notice of a lien shall be filed with the County Recorder's Office which states the identity of the record owner or possessor of the property, the date upon which the citation was issued, a description of the real property subject to the lien, and the amount of the abatement costs incurred to date. The notice shall be served on the record owner as required in Government Code Section 38773.1. It is the intent of the City Council that abatement costs incurred after the filing of the Notice of an Abatement Lien relates back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the City shall cause a supplemental Notice of an Abatement Lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and recorder's number of the original notice.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

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

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

This chapter does not repeal or supersede Chapter 33 of Title 5, Parties.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)

If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that this chapter, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespectively of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(§ 1 (part), Ord. 1093, eff. July 5, 2006)