Chapter 9.38
ALCOHOL OFFENSES/LOUD PARTIES
Sections:
9.38.020 Unlawful gatherings on private property when alcohol is served.
9.38.030 Unsupervised possession of alcohol unlawful.
9.38.040 Loud or unruly gatherings – Public nuisance.
9.38.050 Notice of unruly gathering – Posting, mail.
9.38.070 Schedule of civil penalties.
9.38.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Party, gathering, or event” means a group of persons who have assembled or are assembling for a social occasion or a social activity.
B. “Police services” means and includes the salaries and benefits of public safety department officers for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event and the administrative costs attributed to the response; the actual cost of any medical treatment to injured officers; the cost of repairing any damaged city equipment or property; and the costs arising from the use of any city equipment and supplies in responding to or remaining at a party, gathering, or event.
C. “Responsible person” means and includes, but is not limited to: (1) the person who owns, rents, leases, or otherwise has control of the premises where the party, gathering, or event takes place; (2) the person in charge of the premises; or (3) the person who organized the event. If the 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 administrative costs incurred for enforcement activities pursuant to this chapter.
D. “Juvenile” means and includes any minor child under the age of eighteen years old.
E. “Minor” means and includes any person under the age of twenty-one years old.
F. “City” means the city of Cotati, its employees and agents.
G. “Public nuisance” means any act which is declared to be a nuisance by the provisions of California Civil Code Section 3480, or by any other provisions of the laws of the state of California, or of this municipal code. In addition, a nuisance is hereby declared to include any violation of this code, and any condition of property which renders any property within the city of Cotati harmful to property or persons who may occupy or go upon such property.
H. “Hearing officer” means the city manager or his or her designee who is not a member of the Cotati police department.
I. “Administrative costs” means all costs and expenses incurred by the city that are reasonably related to enforcement activities under this chapter, including but not limited to costs for police services and the costs of an administrative citation appeal hearing (including hearing officer costs and staff time necessary to prepare and attend the appeal hearing). (Ord. 872 § 2(a), 2017; Ord. 852 (part), 2015).
9.38.020 Unlawful gatherings on private property when alcohol is served.
Except as permitted by Article I, Section 4 of the California Constitution, no person shall 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 minors are present and alcoholic beverages are in the possession of or being consumed by same. (Ord. 852 (part), 2015).
9.38.030 Unsupervised possession of alcohol unlawful.
Except as permitted by state law, no minor shall have in his or her possession or control any alcoholic beverage at any place not open to the public, unless that person is being supervised by his or her parent or legal guardian. (Ord. 852 (part), 2015).
9.38.040 Loud or unruly gatherings – Public nuisance.
It shall be unlawful and constitute a public nuisance, as defined under this chapter and in Section 9.100.020, to conduct a gathering of six or more persons on any private property in a manner which constitutes 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 or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, public urination, and littering. A gathering constituting a public nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and state statutes, including without limitation: California Penal Code Section 374 et seq. (Littering), Sections 415 and 416 (Fighting/Breach of the Peace), and Section 647 (Disorderly Conduct); California Business and Professions Code 25658 (Providing Alcohol to Minors); and California Vehicle Code Section 23224 (Possession of alcoholic beverage in vehicle, persons under 21). (Ord. 852 (part), 2015).
9.38.050 Notice of unruly gathering – Posting, mail.
A. Posting of Premises. When the city intervenes at a gathering that constitutes a nuisance under this chapter, the premises at which such nuisance occurred shall be posted with a notice stating that the intervention of the city has been necessitated as a result of a public nuisance under this chapter caused by an event at the premises, the date of the police intervention, and that the initial and any subsequent event within a one-hundred-twenty-day period therefrom on the same premises, or by the same persons, which necessitates city intervention, shall result in the joint and several liability of any guests causing the public nuisance, or any persons who own or are residents of the property at which the public nuisance occurred, or who sponsored the event constituting the public nuisance as more fully set forth in Section 9.38.060. The residents or occupants of such property shall be responsible for ensuring that such notice is not removed or defaced within the one-hundred-twenty-day period listed in the notice and shall be liable for a civil penalty of one hundred dollars in addition to any other penalties which may be due under this section if such notice is removed or defaced; provided, however, that the residents of the house or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.
B. Mailing of Notice to Property Owner. Notice of the event shall also be mailed to any property owner at the address shown on the city’s or the county of Sonoma’s property tax assessment records and shall advise the property owner that the initial and any subsequent event within one hundred and twenty days on the same premises necessitating city intervention shall result in liability of the property owner for all penalties associated with such intervention as more particularly set forth below. (Ord. 852 (part), 2015).
9.38.060 Persons liable for the initial and any subsequent responses to a gathering constituting a nuisance.
If the city is required to respond to a gathering constituting a public nuisance at any premises within the city the following persons shall be jointly and severally liable for civil penalties as set forth in Section 9.38.070, in addition to liability for any injuries to city personnel or damage to city property.
A. The person or persons who own the property where the gathering constituting a public nuisance took place, provided that notice has been mailed to the owner of the property as set forth herein and the gathering occurs at least two weeks after the mailing of such notice.
B. The person or persons residing on or otherwise in control of the property where such gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting in the public nuisance.
E. Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken reasonable steps to exclude such uninvited participants from the premises. Where an invited guest engages in conduct which the sponsor or resident could not reasonably foresee and the conduct is an isolated instance of a guest at the event violating the law, which the sponsor is unable to reasonably control without the intervention of the police, the unlawful conduct of the individual guest shall not be attributable to the sponsor or resident for the purposes of determining whether the event constitutes a public nuisance under this section.
F. Any property owner who has demonstrated due diligence in abating unmanageable tenants and is waiting the prescribed time period prior to eviction actions, shall not be held liable for purposes of this section. (Ord. 852 (part), 2015).
9.38.070 Schedule of civil penalties.
If an administrative citation is issued in accordance with Section 9.38.080, fines and/or penalties shall be assessed against all persons liable for the city’s intervention to abate a gathering constituting a nuisance. (Ord. 886 § 2 Exh. A (part), 2019: Ord. 852 (part), 2015).
9.38.080 Violation.
Any person, firm, corporation or other entity, whether owner or responsible party of any premises, that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
A. Such person shall be guilty of an infraction;
B. Such person may be prosecuted in a civil action brought by the city to enjoin any nuisance, violation of this chapter or violation of any other ordinance of the city;
C. Such person shall be subject to summary or administrative abatement of the nuisance by the city and be subject to fees and costs imposed by the city pursuant to the summary or administrative abatement procedures set forth in this chapter or any other provisions of law; and
1. Every time that any such violation continues or occurs shall constitute a separate offense.
2. Nothing in this chapter shall prevent the city council from authorizing the city attorney or other authorized legal representative to commence any available administrative, civil, or criminal proceeding.
D. Such person shall be subject to the issuance of administrative citations pursuant to the city’s administrative citation procedures as set forth in Chapter 1.28.
E. All remedies set forth in this chapter are cumulative and may be pursued alternatively or in combination with one another. Provisions of this chapter are to be supplementary and complementary to all of the city ordinances, state law and any law cognizable as common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any exercising right or power of the city to abate any and all nuisances. (Ord. 886 § 2 Exh. A (part), 2019: Ord. 852 (part), 2015).
9.38.120 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. (Ord. 852 (part), 2015).