Chapter 9.28
MINOR ALCOHOL OFFENSE – LOUD PARTIES
Sections:
9.28.020 Findings and purpose.
9.28.040 Unlawful gatherings on private property when alcohol is served to minors.
9.28.050 Police services at parties, gatherings or events requiring a second response.
9.28.070 Unsupervised possession of alcohol unlawful.
9.28.010 Title.
The title of this chapter shall be “Minor Alcohol Offense – Loud Parties.” (Ord. 908 § 1, 1995.)
9.28.020 Findings and purpose.
A. The City Council finds that unsupervised parties on private property where alcohol is consumed by minors are not only unlawful but often a cause for disturbance.
B. 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 group.
C. Police ability to abate loud and disturbing gatherings or gatherings where alcohol is served to minors on private property will result in a decrease in abuse of intoxicants by minors, physical altercations and injuries, neighborhood vandalism and excessive noise, thereby improving public safety.
D. 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.
E. Police officers frequently 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 and, in some cases, leaving other areas of the City with inadequate police protection.
F. Accordingly, the City Council of the City of Healdsburg finds and declares that the purposes of this chapter are:
1. To protect public health, safety and general welfare;
2. To enforce laws prohibiting the consumption of alcohol by minors;
3. To recover costs of providing police services to parties, gatherings or events requiring a second response. (Ord. 908 § 2, 1995.)
9.28.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have different meaning.
A. “Party,” “gathering” or “event” is a group of persons who have assembled or are assembling for a social occasion or a social activity.
B. “Police services” include the salaries and benefits 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.
C. “Person responsible for the event” 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 costs incurred for police services pursuant to this chapter.
D. “Juvenile” is any minor child under the age of 18 years.
E. “Minor” is any person under the age of 21 years. (Ord. 908 § 3, 1995.)
9.28.040 Unlawful gatherings on private property when alcohol is served to minors.
Except as permitted by Article I, Section 4, of the California Constitution, no person shall suffer, permit, allow or host a party, gathering or event at his/her place of residence or other private property, place or premises under his/her 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 $1,000 or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. (Ord. 908 § 4, 1995.)
9.28.050 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 follow-up 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 follow-up response may also result in the arrest and/or citation of violators of any law or regulation. (Ord. 908 § 5, 1995.)
9.28.060 Police service fee.
The police service fee shall not exceed $500.00 for a single incident. Notwithstanding this provision, however, the City does not waive its right to seek reimbursement for actual costs exceeding $500.00 through legal remedy. The amount of such fees shall be deemed a debt owed to the City by the person responsible for the event and, if juveniles, 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. The amount of such fees collected, up to $500.00 per incident, shall be placed in a special youth services fund within the Healdsburg police department. (Ord. 908 § 6, 1995.)
9.28.070 Unsupervised possession of alcohol unlawful.
Except as permitted by law, no person under the age of 21 years shall have in his or her possession, or consume, 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. A violation of this section shall be a misdemeanor. (Ord. 1041 § 2, 2006; Ord. 908 § 5-5, 1995.)