Chapter 9.20
JUVENILE ALCOHOL OFFENSES AND POLICE SERVICES AT GATHERINGS
Sections:
9.20.030 Unlawful juvenile gatherings on private property.
9.20.040 Police services at parties, gatherings, or events requiring a second response.
9.20.010 Findings; purpose.
The City Council hereby finds that unsupervised parties on private property where alcohol is consumed by juveniles have been a nuisance in the city for several years. Problems associated with such gatherings are difficult to resolve unless the Police Department has the legal authority to enter the private premises and direct the host to disperse the crowd. Police ability to abate juvenile alcohol gatherings on private property will result in a decrease in juvenile abuse of intoxicants, physical fights, neighborhood vandalism, and noise disturbances. The City Council further finds and declares that the control of large parties, gatherings, or events on private property is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. Frequently, police officers have been required to make return calls to the location of a party, gathering, or event in order to disperse uncooperative participants, causing a drain of manpower and resources, sometimes leaving other areas of the city with inadequate police protection.
(Code 1965, § 3130; Code 2002, § 66-41. Ord. No. 91-3)
9.20.020 Definitions.
For the purposes of this article, the following definitions shall apply:
Party, gathering, or event. A group of persons who have assembled or are assembling for a social occasion or for a social activity.
Person responsible for the event. The person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place; the person in charge of the premises; and/or the person who organized the event. If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services pursuant to this article.
Police services. Police services include the salaries of the police officers 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 City Council, the actual cost of any medical treatment to injured officers, and the cost of repairing any damaged city equipment or property.
(Code 1965, § 3131; Code 2002, § 66-42. Ord. No. 91-3)
Cross references: Definitions generally, § 1.05.100.
9.20.030 Unlawful juvenile gatherings on private property.
No person shall suffer, permit, allow, or host a party, gathering, or event at his place of residence or other private property, place, or premises under his control where five or more persons under the age of 21 are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of 21 years. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
(Code 1965, § 3132; Code 2002, § 66-43. Ord. No. 91-3)
9.20.040 Police services at parties, gatherings, or events requiring a second response.
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 person(s) responsible for the event will be held liable for the cost of providing police services during a second or followup response by the police, 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. The second or followup response may also result in the arrest and/or citation of violators of the state Penal Code or other provisions of the Municipal Code.
(Code 1965, § 3133; Code 2002, § 66-44. Ord. No. 91-3)
9.20.050 Police services fee.
The police services fee shall include the cost of personnel and equipment but shall not exceed $500.00 for a single incident; provided, however, that the city does not hereby waive its right to seek reimbursement for actual costs exceeding $500.00 through other legal remedies. The amount of such fees shall be deemed a debt owed to the city by the person responsible for the event and, if minors, their parents or guardians. Any person owing such fees shall be liable in an action brought in the name of the city for recovery of such fees, including reasonable attorney fees.
(Code 1965, § 3134; Code 2002, § 66-45. Ord. No. 91-3)
9.20.060 Severability.
If any portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
(Code 1965, § 3135; Code 2002, § 66-46. Ord. No. 91-3)