Vallejo Municipal Code Ch. 7.85 Alcohol Offenses by Minors and Juveniles and Cost Recovery For…

For the purposes of this chapter the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

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, wine, or beer, and which contains one-half of 1 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. "Enforcement services" includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; and the cost of repairing any damaged city equipment or property; and the cost arising from the use of any city equipment in responding to or remaining at the party, gathering, or event.

D. "Juvenile" means any person under eighteen years of age.

E. "Minor" means any person under 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 a social activity.

G. "Person(s) responsible for the event" includes, but is not limited to: (1) the persons) who owns, rents, lies, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the person(s) who organized the event. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

Except as permitted by Article 1, Section 4, of the California Constitution, no person shall suffer, permit, allow, or host a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where five or more minors are present and alcoholic beverages are being consumed by any minor. This section shall not apply to conduct exclusively between a minor child and his or her parent or legal guardian.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

When any party, gathering or event involving minors occurs on private property and a police officer or other code enforcement officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the cost of enforcement services provided during a second or follow up response by the police or other code enforcement personnel, after a first warning to the person(s) responsible for the event to control the threat to the public peace, health, safety, or general welfare. Notwithstanding any other provision of this ordinance, the maximum fee that may be charged for a second response shall he six hundred dollars. Charges for the third or subsequent response shall be computed as described herein.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

Except as permitted by state law, no minor shall consume any alcoholic beverage at a place not open to the public, unless that minor is being supervised by his or her parent or legal guardian.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

The amount expended for the cost of enforcement services shall be deemed a debt owed to the city of Vallejo by the person(s) responsible for the event and, if juveniles, their parents or legal guardians. Any person owing such costs shall be liable in an action brought in the name of the city of Vallejo for recovery of such costs, including reasonable attorney fees.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

The city of Vallejo does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)

Any person who has been assessed costs or fees under the provisions of this chapter may appeal such decision to a hearing officer designated by the city manager. The decision of the hearing officer is final.

(Ord. 1413 N.C. (2d) § 1 (part), 1999.)