Tiburon Municipal Code Art. II Social Host Accountability

This article shall be known as the social host accountability regulations of the Town of Tiburon.

(Ord. No. 576 N.S., § 4, 4-4-2018)

The purpose of this article is to protect the public health, safety, and welfare by establishing reasonable regulations regarding the possession or consumption by underage persons of alcohol, controlled substances, and/or marijuana at gatherings and events; setting forth responsibility for hosting gatherings or events at which such possession or consumption occurs; and setting forth penalties for violations and recovery provisions for police service costs and related costs.

(Ord. No. 576 N.S., § 4, 4-4-2018)

For the purpose of this article, the following definitions shall apply.

A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

B. "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.

C. "Controlled substance" means a drug or substance described in California Health and Safety Code section 11007, as may be amended or superseded, provided that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

D. "Marijuana" means all parts, as a whole or in part, of the Cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested.

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

F. "Party, gathering, or event" means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity that is occurring at a place where alcohol, controlled substances, and/or marijuana are being consumed by one or more persons.

G. "Police services" include: the salaries and benefits paid to the police personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event, at a rate established by resolution of the town council; the actual cost of any medical treatment to injured personnel; and the cost of repairing any damaged town equipment or property.

H. "Responsible person" means a person or persons with a right of possession of the residence or other private property, party bus, or limousine, at which a party, gathering, or event takes place including, but not limited to:

1. Any owner of the residence or other private property, regardless of the actual residence of the person or entity.

2. A tenant or lessee of such residence or other private property.

3. The landlord of another person responsible for the party, gathering, or event provided that the landlord received notice of a prior loud or unruly gathering at the same residence or private property.

4. The person or persons in charge of the residence or other private property.

5. The person(s) who organizes, supervises, officiates, conducts, or controls the party, gathering, or event. A responsible person need not be present at such party, gathering, or event and prior knowledge of the gathering is not a prerequisite to a finding that an individual is a responsible person as defined in this article.

I. "Restorative justice program" means a program accredited or approved by a California Superior Court or by the Director of the Marin County Department of Health and Human Services or his or her designee that incorporates restorative practices such as peer-to-peer review, accountability, and parent participation, in an effort to reduce youth recidivism and deter future adult criminality.

J. "Threat to the public peace, health, safety or general welfare" shall mean any of the following: excessive noise, vandalism, boisterous or unruly conduct, street congestion, public drinking and/or usage of controlled substances and/or marijuana, fighting, disturbance of the peace of the neighborhood in which the event is taking place, or any violation of law committed by anyone in attendance at the party, gathering or event.

(Ord. No. 576 N.S., § 4, 4-4-2018)

It shall be a violation of this article for any responsible person to conduct or allow in a residence or other private property, place, or premises under his or her control (including but not limited to rental halls or facilities whether publicly or privately owned and maintained; rental vehicles of any type; watercraft; and vehicles of any type licensed and/or hired to transport passengers in return for payment of a fare) a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, where the responsible person knows, or reasonably should have known, that an underage person has obtained, possesses, or is consuming alcoholic beverages, controlled substances, and/or marijuana. This article shall not apply to possession or consumption of alcohol under the supervision of a parent or guardian in connection with a cultural or religious activity.

(Ord. No. 576 N.S., § 4, 4-4-2018)

In the event that an underage person hosts a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, in violation of this article, and no other responsible person is present at such gathering, then the underage person shall be deemed to be a responsible person. If the underage person is not emancipated within the meaning of the California Family Code, then the parents or legal guardians having custody of that underage person shall be jointly and severally liable with the underage person for any penalties and response costs imposed pursuant to this article, whether or not such parents or guardians are deemed to be responsible persons hereunder or have or had knowledge of the gathering.

(Ord. No. 576 N.S., § 4, 4-4-2018)

Each violation of this article is punishable as follows:

A. Each violation shall constitute a civil violation punishable as set forth in chapter 31 of this Code or by any other remedy available to the town under this Code or state law. The election of remedies shall be at the sole discretion of the town.

B. A first violation of this article may be punishable by a fine of seven hundred fifty dollars. A second violation of this article may be punishable by a fine of eight hundred seventy-five dollars. A third and each subsequent violation of this article may be punishable by a fine of one thousand dollars.

C. In place of, or in addition to, any other remedies available to the town under this Code, the town may require a person who is under the age of eighteen at the time of the violation to participate in a restorative justice program.

(Ord. No. 576 N.S., § 4, 4-4-2018)

When a party, gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the responsible person(s) for the event will be held liable for the cost of providing police services during a second or additional response by the police, after a first warning to the responsible person(s) for the event, to control the party, gathering, or event.

(Ord. No. 576 N.S., § 4, 4-4-2018)

The police services cost to be assessed under this article shall include the cost of personnel and equipment, but shall not exceed two thousand dollars for a single party, gathering, or event, provided, however, that the town does not hereby waive its right to seek reimbursement for actual costs exceeding two thousand dollars through other legal remedies. The amount of costs for providing police services shall be deemed a debt owed to the town by the responsible person. If the responsible person is under eighteen years of age and is not emancipated within the meaning of the Family Code, the parent(s) or guardian(s) of the responsible person shall be jointly and severally liable. Any person liable under this article for the costs of providing police services shall be liable in an action brought in the name of the town for recovery of such costs, including reasonable attorney's fees incurred by the town in recovering the costs under this article. In addition to the remedies provided by this article, the town may seek to recover costs for damage to any town-owned property that arises out of a violation of this article by any means available pursuant to this Code or state law.

(Ord. No. 576 N.S., § 4, 4-4-2018)