Ventura County Municipal Code Art. 1.1 Social Hosts Liability

This chapter shall be known as the Ventura County Social Host Ordinance.

(Add. Ord. 4343—4/18/06)

The Board of Supervisors, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The occurrence of loud and unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows, or should know, of the underage consumption of alcohol.

The Board of Supervisors finds that in too many cases, persons having possession or control of private property who are responsible for the occurrence of loud or unruly gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. Furthermore, problems associated with loud or unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Ventura County Sheriff has the legal authority to direct the host to disperse the gathering.

In the past and present, law enforcement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons, resulting in a disproportionate expenditure of public safety resources and delaying official responses to regular and emergency calls in the rest of the County. Additionally, underage drinking at such gatherings has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault.

The intent of this chapter is to protect the public health, safety, and quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes strict liability on property owners and other responsible persons for loud and unruly gatherings that allow underage drinking is necessary to deter and prevent such gatherings. Persons who actively and passively aid, allow, or tolerate such loud gatherings shall be held strictly liable for the nuisances created by such gatherings and the costs associated with responding to such gatherings.

The purposes of this chapter are to protect the public health, safety and general welfare, to deter the service to, and consumption of alcoholic beverages by, underage persons, and to reduce the costs of providing police, fire, and other emergency response services to loud or unruly gatherings. These purposes are implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) as well as the imposition of a civil fee for the recovery of costs incurred by the County in providing appropriate law enforcement, fire, and other emergency responders for loud and unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons.

For these reasons, the Board of Supervisors declares that loud or unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is a threat to the peace, health, safety and general welfare of the public. Such gatherings constitute a public nuisance as they affect at the same time the entire community of Ventura County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the Sheriff under Government Code Section 25845, subdivision (a).

(Add. Ord. 4343—4/18/06)

For the purposes of this chapter, the following terms shall have the following meanings:

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

(b) "Alcoholic beverage" means and includes 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.

(c) "Response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings including but not limited to:

(1) Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with loud or unruly gatherings, and the administrative costs attributable to such response(s);

(2) The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering;

(3) The cost of repairing any County equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a loud or unruly gathering; and

(4) Any other costs recoverable in compliance with California Civil Code Section 1714.9.

(d) "Juvenile" means any person under eighteen (18) years of age.

(e) "Underage person" means any person under twenty-one (21) years of age.

(f) "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or other private property conducted in such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful 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, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

(g) "Responsible person" means a person or persons with a right of possession of the residence or other private property at which a loud or unruly gathering is conducted, including, but not limited to:

(1) Any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the loud or unruly gathering, wheresoever that person or entity may currently reside;

(2) A tenant or lessee of the residence or other private property;

(3) The landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior loud or unruly gathering at the same residence or other private property;

(4) The person(s) in charge of the residence or other private property; and

(5) The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering. A responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section.

(h) "Residence" or "other private property" means 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.

(Add. Ord. 4343—4/18/06)

Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the County of Ventura is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property.

(Add. Ord. 4343—4/18/06)

It is a civil violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Such a violation subjects any and all responsible persons to a civil money penalty of one thousand dollars ($1,000.00) in addition to any recovery of response costs that might be imposed under Section 6113-5 of this article.

Violations of this section shall be noticed by citation, issued by the Sheriff, to any and all responsible persons identified by the Sheriff within thirty (30) days of the loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation, the time for requesting that hearing and the warning relating to the recovery of response costs for subsequent citations under this chapter as described under Section 6113-5 of this article.

In the event that a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties and response costs incurred pursuant to the ordinance codified in this chapter.

In the event that an underage person is found to be a responsible person as defined by this chapter, the underage person may elect to serve forty (40) hours in the Direct Work Program and pay the program fees as an alternative to paying the civil money penalty of one thousand dollars ($1,000.00).

The parents or guardians of a juvenile found to have hosted a loud or unruly gathering may also elect to have that juvenile serve forty (40) hours in the Direct Work Program and pay the program fees as an alternative penalty to paying the civil money penalty of one thousand dollars ($1,000.00).

The Direct Work Program, administered by the Ventura County Probation Agency, shall retain the discretion to admit, or deny admission to, the program as the standards and program policies applicable to the Direct Work Program allow. Failure to gain admission to the Direct Work Program, and failure to complete the Direct Work Program after admission, shall restore the original civil money penalty of one thousand dollars ($1,000.00) immediately and without further right to appeal.

Failure by either an underage person or a juvenile host to complete the alternative penalty within one calendar year of the issuance of the citation shall result in the penalty being converted to a civil money penalty of one thousand dollars ($1,000.00). No reduction in the penalty is authorized for completion of less than forty (40) hours of community service.

(Add. Ord. 4343—4/18/06)

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

(a) The official has determined that a loud or unruly gathering exists; and

(b) Responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a twelve-month period.

This warning will be given to all identified responsible persons at the time of the first response to a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs within the County before assessing response services costs pursuant to this section for subsequent responses within a twelve-month period.

Within thirty (30) calendar days of the initial response an additional written warning shall be transmitted via certified mail to the record owner of the private property as shown in the records of the Ventura County Clerk and Recorder's office.

When a law enforcement, fire or other emergency response provider responds to a loud or unruly gathering at a residence or other private property within the County of Ventura within twelve (12) months of a warning or citation given to a responsible person at the same location for a prior loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs, all responsible persons shall be jointly and severally liable for the County's costs of responding to that loud or unruly gathering and all subsequent loud or unruly gatherings at the residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs during the warning period. Such costs are deemed to be costs incurred in the physical abatement of the public nuisance.

This section applies to the costs of abatement of the summary nuisance described in Section 6113-4 of this article and costs are recovered pursuant to California Government Code Section 25845, subdivision (b).

(Add. Ord. 4343—4/18/06)

The amount of response costs shall be deemed a debt owed to the County by the responsible person held liable in Section 6113-5 of this article and, if a juvenile, by the juvenile's parents or guardians. Any person owing such costs shall be liable in an administrative civil action brought in the name of the County for recovery for such costs, including reasonable attorney's fees.

The Sheriff shall mail notice of the costs for which the responsible person is liable, on behalf of all response providers, via certified mail within thirty (30) calendar days of the response giving rise to such costs. The Sheriff shall calculate and compile an itemized list of the applicable response costs. The notice shall contain the following information:

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

(b) The address of the residence or other private property where the loud or unruly gathering occurred;

(c) The date and time of the response;

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

(e) The date and time of any previous warning given pursuant to Section 6113-5 of this article and/or previous responses to loud or unruly gatherings at the residence or other private property in question within the previous twelve (12) months;

(f) An itemized list of the response costs for which the person(s) is being held liable;

(g) Information regarding the date payment is due;

(h) The right to request an administrative hearing to challenge the imposition of response costs;

(i) The imposition of a lien on the subject property in the event of nonpayment of response costs; and

(j) The election by the County under Government Code Section 25845, subdivision (c), to allow for recovery of the prevailing party's attorney's fees in the event of an administrative hearing or subsequent appeal.

The responsible person must remit payment of the noticed response costs to the County of Ventura within forty-five (45) days of the notice thereof. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 6113-8 of this article.

If a timely request for an administrative hearing pursuant to Section 6113-8 of this article is not made, such costs, if unpaid within forty-five (45) days of notice, shall become a lien against the property with the priority of a judgment lien.

If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to responsible for any costs pursuant to this section, such costs, if unpaid within forty-five (45) days of notice of the final determination, shall become a lien against the property with the priority of a judgment lien.

In either case, a notice of lien shall be filed with the County Clerk and 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. It is the intent of the Board of Supervisors that abatement costs incurred after the filing of the notice of abatement lien relate 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 County Executive Office shall cause a supplemental notice of 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 document number of the original notice.

(Add. Ord. 4343—4/18/06)

Nothing in this chapter shall be construed as a waiver by the County of Ventura of any right to seek reimbursement for actual costs of response services through other legal remedies or procedure.

(Add. Ord. 4343—4/18/06)

Any person subject to a civil money penalty pursuant to Section 6113-4 of this article and/or response costs recovery fees pursuant to Sections 6113-5 and 6113-6 of this article shall have the right to request an administrative hearing before an impartial Hearing Officer within forty-five (45) days of the issuance of a citation and/or notice of the imposition of response costs under this chapter, pursuant to the authority granted to the Board of Supervisors by Government Code Section 25845, subdivision (i). To request such a hearing, the person requesting the hearing shall notify the Ventura County Executive Office in writing.

The Ventura County Executive Office shall assign a neutral Hearing Officer within ninety (90) days of the enactment of this chapter for the purpose of conducting such administrative hearings as may be required. The Ventura County Executive Office may contract for the services of neutral Hearing Officers as appropriate and the Hearing Officers may be compensated for their services.

All hearings under this chapter shall be governed by the procedures established in Sections 13102-1, 13102-2, and 13103 of the Ventura County Ordinance Code.

The costs of the administrative hearing shall be assessed to the responsible person in addition to any other fines and penalties in the event that the citation is upheld. Pursuant to Government Code Section 25845, subdivision (c), the County of Ventura may elect, at the initiation of proceedings under this section regarding abatement of the nuisance described in this chapter, to seek recovery of its attorney's fees. That election shall be noticed to the liable party at the time notice of the applicable costs is provided to the liable party under Section 6113-6 of this article. In that event, attorney's fees may be recovered by the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County of Ventura in the action or proceeding.

(Add. Ord. 4343—4/18/06)

Any person upon whom is imposed a penalty pursuant to Section 6113-4 of this article and/or response costs recovery fees pursuant to Sections 6113-5 and 6113-6 of this article shall have the right to appeal the imposition of such penalty or fees within twenty (20) days after service of the final decision issued by the Administrative Hearing Officer pursuant to Government Code Section 53069.4, subdivision (b), and applying the procedures detailed therein, if, and only if, that person first properly requests and obtains a hearing under Section 6113-8 of the Ventura County Ordinance Code.

(Add. Ord. 4343—4/18/06)

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.

(Add. Ord. 4343—4/18/06)

This chapter shall not apply to activities protected by Article I, Section 4 of the California Constitution.

(Add. Ord. 4343—4/18/06)

A loud or unruly gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Sheriff by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this chapter as well as citation and/or arrest of any law violators under any other applicable ordinances and State statutes such as: Ventura County Ordinance Code ("VCOC") Section 6112 (Consumption of Alcohol in Public Places); VCOC Division 6, Chapter 1, Article 6 (Sale and Display of Drug Paraphernalia to Minors); VCOC Division 6, Chapter 2, Article 11 (Loud or Raucous Nighttime Noise in Residential Zones); VCOC Section 6249 (Juvenile Loitering); VCOC Section 6281 et seq. (Abandoned Vehicles a Public Nuisance); VCOC Division 13 (Abatement of Public Nuisances); 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); Vehicle Code Section 23224 (Possession of alcoholic beverage in vehicle, persons under twenty-one (21)); and Penal Code Section 12020 et seq. (Unlawful Carrying and Possession of Concealed Weapons).

The District Attorney and the Sheriff are authorized to administer and enforce the provisions of this chapter. The District Attorney and the Sheriff may exercise any enforcement powers provided by law in executing this chapter.

(Add. Ord. 4343—4/18/06)

This chapter shall take effect on May 18, 2006.

(Add. Ord. 4343—4/18/06)