CHAPTER 9.78
SOCIAL HOST REGULATIONS
Section
9.78.040 Recovery of public safety service costs
9.78.060 Administrative citations and appeals
9.78.070 Recovery of expenses, costs and penalties – liens
9.78.080 No criminal liability for violation
9.78.090 Remedies cumulative – actions – relationship to other laws
9.78.010 FINDINGS AND PURPOSE.
A. The City Council finds that parties where alcohol, marijuana and/or other controlled substances are consumed by minors are not only unlawful but often a cause for disturbance.
B. Police ability to abate parties where alcohol, marijuana and/or other controlled substances are consumed by minors will result in a decrease in abuse of alcohol, marijuana and/or other controlled substances by minors, physical altercations and injuries, neighborhood vandalism and excessive noise, thereby improving public safety.
C. Police officers have been required to make return calls to the location of a party where alcohol, marijuana and/or other controlled substances are consumed by minors in order to disperse uncooperative participants, causing a drain of resources and, in some cases, leaving other areas of the City with inadequate police protection.
D. Accordingly, the City Council of the City of Fort Bragg finds and declares that purposes of this chapter are:
1. To protect public health, safety and general welfare;
2. To assist in the enforcement of laws prohibiting the consumption of alcohol, marijuana and/or other controlled substances by minors; and
3. To recover costs of providing public safety services to parties where alcohol, marijuana and/or other controlled substances are consumed by minors requiring 2 or more public safety responses.
(Ord. 921, § 2, passed 10-13-2015; Am. Ord. 934, § 2, passed 10-10-2017)
9.78.020 DEFINITIONS.
The following words and phrases, whenever used in this chapter, shall have the meaning provided in this section unless the context clearly requires otherwise:
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine from whatever source or by whatever process produced.
CONTROLLED SUBSTANCE. A drug or substance the possession and use of which is regulated under the federal Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid subscription issued by a licensed medical practitioner authorized to issue such a prescription.
JUVENILE. Any person under the age of 18 years.
MARIJUANA. Any part or concentration of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant, and every compound, manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid subscription issued by a licensed medical practitioner authorized to issue such a prescription.
MINOR. Any person under the age of 21 years.
PARTY. A group of 2 or more persons who have assembled or are assembling for a social occasion or activity at a premises.
PREMISES. A residence or other private property, or rented public property. Premises includes any land on which the residence or other private property or rented public property is located and any accessory structures located on the land.
PUBLIC SAFETY SERVICE COSTS. The costs associated with responses by law enforcement, fire and other emergency response providers to a party, 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 parties, and the administrative costs attributable to such responses; and
2. The cost of any medical treatment for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a party; and
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 a party.
RESPONSIBLE PERSON. Includes but is not limited to:
1. Any person who owns, rents, leases, and/or otherwise has control or is in charge of the premises where a party occurs where alcohol, marijuana or other controlled substances are consumed by a minor;
2. Any person who conducts, aids, organizes, hosts, permits or allows a party where alcohol, marijuana or other controlled substances are consumed by a minor; and
3. The parents or guardians of a juvenile who is a responsible person.
(Ord. 921, § 2, passed 10-13-2015; Am. Ord. 934, § 2, passed 10-10-2017)
9.78.030 UNLAWFUL PARTIES WHERE ALCOHOL, MARIJUANA AND/OR OTHER CONTROLLED SUBSTANCES ARE CONSUMED BY MINORS.
No person in control of any premises shall suffer, permit, allow, or host a party at the premises where alcohol, marijuana and/or other controlled substances are consumed by any minor.
(Ord. 921, § 2, passed 10-13-2015; Am. Ord. 934, § 2, passed 10-10-2017)
9.78.040 RECOVERY OF PUBLIC SAFETY SERVICE COSTS.
When a public safety response to a party held in violation of § 9.78.030 occurs, the City may hold any responsible person liable for the public safety service costs incurred by the City in responding to the party, in addition to any and all other costs, expenses and penalties which may be assessed or imposed as a result of a violation of this chapter. If there is more than 1 responsible person for the party, all such individuals shall be jointly and severally liable for the public safety service costs. The amount of any public safety service costs may be collected by the City by any available legal remedy, including but not limited to the cost recovery procedure set forth in § 9.78.070.
(Ord. 921, § 2, passed 10-13-2015)
9.78.050 CIVIL PENALTIES.
In addition to any and all other public safety service costs, fees, penalties and expenses which may be assessed or imposed as a result of violation of this chapter, any person who violates § 9.78.030 shall be liable and responsible for, and shall pay to the City, a civil penalty of:
A. Three hundred dollars for a first violation;
B. Five hundred dollars for a second violation within 12 months of the first violation;
C. Seven hundred fifty dollars for each additional violation within 12 months of the first violation.
(Ord. 921, § 2, passed 10-13-2015)
9.78.060 ADMINISTRATIVE CITATIONS AND APPEALS.
A. Whenever an enforcement officer determines a violation of § 9.78.030 has occurred, the enforcement officer has the authority to issue an administrative citation to any responsible person, pursuant to § 6.12.060.
B. A responsible person to whom an administrative citation is issued may appeal the citation by requesting an administrative hearing within 10 days of the issuance of the administrative citation. Any such request for administrative hearing must be filed in accordance with Chapter 1.08. Failure to timely request an administrative hearing in the manner required by this section constitutes a waiver of the hearing and a failure to exhaust administrative remedies.
C. Any request for an administrative hearing under this chapter shall be conducted in accordance with Chapter 1.06.
(Ord. 921, § 2, passed 10-13-2015)
9.78.070 RECOVERY OF EXPENSES, COSTS AND PENALTIES – LIENS.
A. Any and all public safety service costs, expenses and penalties that remain unpaid after demand by the City shall become a lien on the premises on which the violation occurred, except that no lien shall attach to publicly owned property. Such public safety service costs, expenses and penalties shall be collected in the same manner as City taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
B. The City Attorney shall have the authority to file an action or proceeding to recover such public safety service costs, expenses and/or penalties, and to take any other action at law or equity which he or she may deem necessary to recover the same. In any such action or proceeding, the City shall be entitled to recover its costs, including, but not limited to, its attorneys’ fees.
(Ord. 921, § 2, passed 10-13-2015)
9.78.080 NO CRIMINAL LIABILITY FOR VIOLATION.
This chapter is not intended to, and does not, establish any criminal liability for a violation of § 9.78.030.
(Ord. 921, § 2, passed 10-13-2015)
9.78.090 REMEDIES CUMULATIVE – ACTIONS – RELATIONSHIP TO OTHER LAWS.
The remedies provided under this chapter are cumulative, and shall not restrict the City to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law, nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal statutes or constitutions.
(Ord. 921, § 2, passed 10-13-2015)