Thousand Oaks Municipal Code Ch. 26 Social Host Liability

(a) Underage persons consuming alcoholic beverages, cannabis, or cannabis products 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 or cannabis, are at greater risk to be in automobile accidents, to commit suicide, to be assaulted, and are at greater risk of sexual assaults.

(b) Persons responsible for the occurrence of these types of gatherings on private property, over which they have possession or control, have failed to ensure that alcoholic beverages, cannabis, or cannabis products are neither served to nor consumed by underage persons at these parties.

(c) Problems associated with gatherings involving underage persons drinking alcohol, consuming cannabis, or cannabis products are difficult to prevent and deter. Police need an arsenal of tools to deal with these issues and its attendant problems. If persons are held civilly responsible by having to pay a significant fine for hosting a party where there is underage drinking or cannabis consumption, they will be more likely to properly supervise or stop such conduct at events held on property under their possession or control. Because the median household income for the City of Thousand Oaks is higher than other communities the fine needs to be significant to have such a deterrent effect.

(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 Thousand Oaks, which are underwritten by general municipal taxes paid to the City by its taxpayers and residents.

(e) Research has documented that cannabis use during adolescence and early adulthood results in impaired neural connectivity in several areas of the brain associated with learning and memory. This impairment may affect numerous developmental problems among adolescents, including lower IQ scores, poorer school performance, higher school dropout rates, and impaired verbal cognitive and attention performance.

The adverse effects associated with adolescent and early adulthood use of cannabis increase in severity with early onset and heavy use.

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013; § 6, Ord. 1636-NS, eff. December 29, 2017)

(a) To enforce laws prohibiting the service to and consumption of alcoholic beverages or cannabis consumption 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 or cannabis on private property when such gatherings are determined to be a threat to the public peace, health, safety or general welfare and require initial police response and return calls to the location to disperse uncooperative participants.

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013; § 6, Ord. 1636-NS, eff. December 29, 2017)

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

“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 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.

“Cannabis” means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018. 5 of the Health and Safety Code.

“Cannabis product” means a product containing cannabis, including, but not limited to, manufactured cannabis, intended to be sold for use by cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code, as the same may be amended from time-to-time, or pursuant to the Adult Use of Cannabis Act. For purposes of this chapter, "cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

“Juvenile” means any person under eighteen years of age.

“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.

“Responsible Person” shall mean a person or persons with a right of possession of the residence or other private property at which an unruly gathering is conducted. A responsible person need not be present at such gathering and prior knowledge of the unruly gathering 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 an unruly gathering is taking place, including the record owner of the title to property, wherever that person or entity may currently reside;

(2) Person(s) hosting an unruly gathering;

(3) Person(s) receiving money or other consideration for granting access to an unruly gathering;

(4) Parent(s) or legal guardian(s) of a Juvenile 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.

“Underage Person” shall mean any person under twenty-one (21) years of age consuming alcohol, or any person under the age of twenty-one (21) years of age consuming cannabis, or a cannabis product without a doctor's recommendation.

“Unruly Gathering” shall mean a party, event or gathering where four 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 and upon which unruly conduct occurs. Illustrative of such unruly conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, or cannabis, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitute a threat to public health, safety, quiet enjoyment of residential property or general welfare.

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013; § 6, Ord. 1636-NS, eff. December 29, 2017)

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

(b) As a public nuisance, the unruly gathering 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 ordinance;

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

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)

(a) A violation of this ordinance shall only be prosecuted as a civil penalty pursuant to the procedures in Article 2 of Chapter 2, Section 1-2.201, et seq. Notwithstanding Section 1-2.201, et seq., a violation subjects any and all responsible persons, as defined herein, to a civil penalty as follows:

(1) The Civil Penalty shall be as specified in the City's Master Fee Resolution for the first violation. Any violation occurring within twenty-four (24) hours of the first violation shall result in an additional fine for the same amount as the fine for the first violation; and

(2) The Civil Penalty shall be as specified in the City's Master Fee Resolution for a second violation occurring within one year of the first cited violation, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1), above; and

(3) The Civil Penalty shall be as specified in the City's Master Fee Resolution for a third or any further violations occurring within one year of the first cited violation, but outside of the twenty-four (24) hour period provided for in subsections 5-26.05, (a) (1) above.

(b) Payment of emergency response costs as further set forth in Section 5-26.07, if a responsible person is cited for a violation of this chapter two or more times within one year of the first violation, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1).

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

(d) In the event that an unruly gathering 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 ordinance.

(e) The responsible person may perform community service and pay City administrative fees, if any, as an alternative to paying the civil penalty with the prior written consent and approval of the City of Thousand Oaks Police Chief or designee. The number of community service hours required to satisfy a civil penalty is specified in the City's Master Fee Resolution.

(f) The parents or guardians of a juvenile found to have hosted an unruly gathering may also request to have that juvenile serve the required hours of community service as described in subsection (e), above, and pay City administrative fees, if any, as an alternative penalty to paying the applicable civil penalty.

(g) The City Police Chief or designee shall retain the discretion to approve the community service requested by the responsible person. Upon approval of City Police Chief or designee to perform community service, the responsible person shall complete the required hours within one year of approval, and shall submit proof of completion to City Police Chief or designee. Failure to receive approval to perform community service or failure to complete the required hours of service shall result in imposition of the applicable civil penalty, which is immediately payable. No reduction in the penalty is authorized for completion of less than the required hours of community service as set forth in subsection (e) unless approved by the City Manager or his designee.

(h) Community service will only be approved for the first citation issued within a one year period. Subsequent violations within one year from the first violation, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1), will be subject to Civil Penalties as stated in sections 5-26.05 (a) (2) and 5-26.05 (a) (3).

(§ 2, Ord. 1462-NS, eff. June 9, 2006, § 6, Ord. 1478-NS, eff. July 1, 2007, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)

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

(1) The official has determined that an unruly gathering exists; and,

(2) That if emergency response providers make a second response to the same location within one year of the initial response, but outside of the twenty-four (24) hour period provided for in subsection 5-26.05, (a) (1), the responsible person(s) will be charged for any response costs required for responding to the unruly gathering. The responsible person(s) will continue to be charged response costs for any subsequent responses to an unruly gathering at the same location within one year of the initial cited violation.

(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 5-26.04 and costs are recovered pursuant to California Government Code Section 38773.1 and TOMC Section 1-2.201, et seq.

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)

(a) The response costs shall also be deemed a civil penalty and are collectable pursuant to the procedures in Article 2 of Chapter 2, Section 1-2.201, et seq. 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) Besides the information required in a citation issued pursuant to Section 1-2.203(e), the citation 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 unruly gathering 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 5-26.06 and/or previous responses to unruly gatherings at the residence or other private property in question within the previous one year;

(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 1-2.208 is not made, such costs, if unpaid within 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 (c) and (d) above, 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.

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)

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

(§ 2, Ord. 1462-NS, eff. June 9, 2006, as amended by § 1, Ord. 1590-NS, eff. December 6, 2013)