Chapter 9.32
SOCIAL HOST ORDINANCE
Sections:
9.32.020 Findings, intent and purpose.
9.32.040 Duty of responsible persons.
9.32.050 Underage or unruly gatherings on private property unlawful.
9.32.080 Criminal enforcement and penalties for violations.
9.32.090 Civil and administrative enforcement and penalties for violations.
9.32.100 Alternative remedies provided.
9.32.110 Recovery of response costs.
9.32.120 Imposition of liens or special assessments.
9.32.130 Appeal of administrative enforcement.
9.32.140 No mandatory duty of care.
9.32.010 Title.
This chapter is entitled and shall be known as the “social host ordinance.” (Ord. 683-2011 § 1 (part), 2011)
9.32.020 Findings, intent and purpose.
A. The city council of the city of Cloverdale, pursuant to the city’s police powers under Article XI, Section 7 of the California Constitution, has the authority to enact and enforce laws that promote the public health, safety and general welfare of its residents. The occurrence of social 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 and 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.
B. A study conducted by the Cloverdale Coalition to Reduce Underage Drinking on underage drinking in Cloverdale revealed that twenty-seven percent of Cloverdale 7th graders consumed alcohol regularly, compared with fifteen percent of 7th graders statewide, and that Cloverdale youths 7th grade through high school admitted to binge drinking and being very drunk and/or sick from alcohol at nearly twice the rate as the statewide average. Based on these statistics, Cloverdale was chosen to be the first community in the state of California to test a pilot program developed by the Pacific Institute for Research and Evaluation (PIRE) to implement research-proven strategies to help reduce youth access to alcohol and, in turn, reduce harm associated with underage alcohol consumption. One of the key components in the program is for the city council to adopt a social host ordinance to help provide the police with the tools they need to reduce underage drinking in social settings. According to the California PTA, a national study indicates that social host laws reduce binge drinking and drinking and driving in communities where such laws have been enacted.
C. The city council finds that in too many cases, persons having possession or control of private property who are responsible for social gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. The city council further finds that problems associated with social gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Cloverdale police department has the legal authority to direct the host to disperse the gathering and to cite the responsible persons.
D. Law enforcement personnel have in the past been required to respond to unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons. Law enforcement personnel have also received multiple service calls in the same calendar year concerning unruly gatherings at the same property. Such calls for service result in a disproportionate expenditure of public safety resources and delay official responses to other calls in the rest of the city. 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.
E. An ordinance that imposes liability on property owners and other responsible persons for gatherings that allow underage drinking is necessary to deter and prevent such gatherings. Persons who actively and passively aid, allow, or tolerate such gatherings should be held liable for permitting such gatherings, the nuisances created by them and the costs associated with responding to them.
F. The purposes of this chapter include: protecting the public health, safety and welfare by deterring the service to and consumption of alcoholic beverages by underage persons, and reducing the costs to the public of providing police response services to unruly gatherings and gatherings of underage persons where alcohol is served, both in terms of monetary costs and availability of law enforcement personnel for other calls. These purposes are implemented by the imposition of criminal and/or civil penalties for social hosts as well as the imposition of administrative penalties for social hosts and landowners (including landlords) and the imposition of fees to recover the costs incurred by the city in providing law enforcement responses to gatherings where alcoholic beverages are served to, or consumed by, underage persons at properties where previous such gatherings have required law enforcement responses.
G. For these reasons, the Cloverdale city council declares that gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons are a threat to the public peace, health, safety and general welfare, and a public nuisance as they affect at the same time the entire Cloverdale community as well as the neighborhoods in which they occur. (Ord. 683-2011 § 1 (part), 2011)
9.32.030 Definitions.
For the purposes of this chapter, the following definitions apply:
A. Alcohol. The definition of “alcohol” in Section 23003 of the California Business and Professions Code, as amended from time to time, shall apply to this chapter. As of the adoption of this chapter, Section 23003 defined “alcohol” to mean “ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.”
B. Alcoholic Beverage. The definition of “alcoholic beverage” in Section 23004 of the California Business and Professions Code, as amended from time to time, shall apply to this chapter. As of the adoption of this chapter, Section 23004 defined “alcoholic beverage” to include “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. “City” means the city of Cloverdale.
D. “Juvenile” means any person under eighteen years of age.
E. “Response costs” means the costs associated with responses by law enforcement to unruly and underage gatherings including but not limited to:
1. Salaries and benefits of law enforcement personnel for the amount of time spent responding to, remaining at, or otherwise dealing with unruly or underage gatherings, and the administrative costs attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement personnel injured responding to, remaining at or leaving the scene of an unruly or underage gathering;
3. The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an unruly or underage gathering; and
4. Any costs recoverable in accordance with California Civil Code Section 1714.9.
F. “Responsible person” means a person or persons with a right of possession of the residence or other private property in the city at which an underage or unruly gathering may occur, including, but not limited to, the following:
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 underage 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 person(s) exercising control over the residence or other private property at the time of the underage or unruly gathering; and
4. The person(s) who organizes, supervises, officiates, conducts or controls the underage or unruly gathering or any other person(s) accepting responsibility for such gathering. A responsible person for the underage or unruly gathering need not be present at such gathering.
G. “Underage gathering” means a party or gathering of two or more persons at a residence or other private property in the city at which alcoholic beverages are being consumed by any underage person.
H. “Underage person” means any person under twenty-one years of age.
I. “Unruly gathering” means a party or gathering of two or more persons at a residence or other private property in the city at which alcoholic beverages are being consumed by any underage person when that party or gathering is being 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. Such conduct constituting a violation of law for purposes of this definition includes, but is not limited to: 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 the peace, vandalism, littering, and any other conduct that constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare. (Ord. 683-2011 § 1 (part), 2011)
9.32.040 Duty of responsible persons.
It is the duty of responsible persons to not knowingly host, permit, or allow an underage or unruly gathering at a residence or other private property in the city concerning which the responsible person has a right of possession specified in Section 9.32.030(F) and to take all reasonable steps to prevent the consumption of alcoholic beverages by any underage person at gatherings at such residence or other private property. Reasonable steps required pursuant to this section include, but are not limited to: controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards to ensure that underage persons do not consume alcoholic beverages while at the gathering; and supervising the activities of underage persons at the gathering. (Ord. 683-2011 § 1 (part), 2011)
9.32.050 Underage or unruly gatherings on private property unlawful.
It is unlawful and a public nuisance for any responsible persons to knowingly host, permit, or allow an underage or unruly gathering to occur at private property in the city concerning which the responsible person has a right of possession specified in Section 9.32.030(F) where at least one underage person consumes an alcoholic beverage. For purposes of this chapter, a responsible person knowingly hosts, permits or allows an underage or unruly gathering where at least one underage person consumes an alcoholic beverage whenever the responsible person is aware an underage person has consumed an alcoholic beverage at an underage or unruly gathering or reasonably should have been aware an underage person has consumed an alcoholic beverage at such a gathering had the responsible person taken all reasonable steps to prevent consumption of alcoholic beverages by underage persons in accordance with Section 9.32.040. Violation of this section by any responsible person is subject to the criminal, civil and/or administrative penalties set forth in this chapter in addition to recovery of response costs in accordance with Section 9.32.110 and any other applicable penalties under applicable law. It shall be prima facie evidence that the responsible person knew or should have known of both the underage or unruly gathering and the consumption of alcoholic beverages by underage persons at the gathering if the responsible person is present on the property at any point during the gathering. To the full extent permitted by law, owners of properties as defined in Section 9.32.030(F) shall remain responsible persons liable for violations of this chapter on such property regardless of any contract or agreement regarding the property that purports to provide otherwise. (Ord. 683-2011 § 1 (part), 2011)
9.32.060 Exception.
This chapter does not apply to conduct involving the use of alcoholic beverages that is protected by Article I, Section 4 of the California Constitution. (Ord. 683-2011 § 1 (part), 2011)
9.32.070 Hosting by juvenile.
In the event that a juvenile hosts an unruly or underage gathering at a residence or other private property in the city in violation of this chapter, the parents or guardians of that juvenile will be jointly and severally liable for any penalties and response costs imposed pursuant to this chapter. (Ord. 683-2011 § 1 (part), 2011)
9.32.080 Criminal enforcement and penalties for violations.
Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of not more than one thousand dollars or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. At the discretion of the charging officer and/or city attorney, violations of this chapter may also be charged as infractions as defined in Section 17(d) of the California Penal Code as amended from time to time. Violations charged as infractions shall not be subject to imprisonment and shall be subject to a fine not exceeding five hundred dollars for each offense. If a police officer or code enforcement officer elects to charge a violation of this chapter as a criminal violation, such officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. If the person cited refuses to sign the notice to appear, or as an alternative to issuing a notice of violation, the matter may be assigned to the city attorney for issuance of a criminal complaint. In no event may the penalty imposed pursuant to this section exceed that which is permitted under state law. (Ord. 683-2011 § 1 (part), 2011)
9.32.090 Civil and administrative enforcement and penalties for violations.
Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter 1.14. Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition may be summarily abated in accordance with Section 1.15.010. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective. (Ord. 683-2011 § 1 (part), 2011)
9.32.100 Alternative remedies provided.
In addition to the other remedies specified in this chapter, violations of this chapter are subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to or in addition to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the city. (Ord. 683-2011 § 1 (part), 2011)
9.32.110 Recovery of response costs.
When the police make an initial response to an underage or unruly gathering at a residence or other private property within the city, and a police officer issues a citation for violation of this chapter, the officer shall, in writing, inform any responsible person(s) at the property that:
A. An unruly or underage gathering exists; and
B. The responsible person(s) will be charged for any response costs incurred for subsequent responses to the property for an underage 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 an unruly or underage gathering where a citation is issued for violation of this chapter before assessing response costs pursuant to this section for subsequent responses within a twelve-month period following issuance of the citation. Within thirty calendar days of the initial citation, an additional written warning shall be transmitted via certified mail to the record owner of the residence or private property as shown in the records of the Sonoma County assessor’s office.
When a police officer responds to an underage or unruly gathering at a residence or other private property within the city within twelve months of a citation and warning given to responsible person(s) at the same property, and such officer issues a second or subsequent citation pursuant to this chapter, all responsible persons shall be jointly and severally liable for the city’s response costs concerning such second or subsequent underage or unruly gathering, but only to the extent that such responsible person(s) concerning the first citation at such property remain responsible person(s) for the second or subsequent citation at such property. (Ord. 683-2011 § 1 (part), 2011)
9.32.120 Imposition of liens or special assessments.
Any administrative penalty imposed for violation of this chapter, including any administrative penalties pursuant to other codes or statutes to which violations of this chapter are subject, and any administrative costs or other expenses of enforcement, response costs as defined in this chapter, and the cost or expenses associated with the abatement of a nuisance condition pursuant to this chapter, may be enforced by the recordation of a lien or special assessment on the real property where the violation occurred in accordance with and subject to the requirements of Section 1.14.070. (Ord. 683-2011 § 1 (part), 2011)
9.32.130 Appeal of administrative enforcement.
A responsible person charged with violation of this chapter pursuant to Chapters 1.10 through 1.20 shall be entitled to pursue the appeal procedures set forth in Chapter 1.20 for responsible persons named in notices of violations. (Ord. 683-2011 § 1 (part), 2011)
9.32.140 No mandatory duty of care.
This chapter is not intended to impose, and shall not be construed or given effect in a manner that imposes upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward persons or property within or without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law. (Ord. 683-2011 § 1 (part), 2011)