CHAPTER 6
CONSUMPTION OF ALCOHOLIC BEVERAGES BY JUVENILES ON PRIVATE PROPERTY

4.6.002 Findings.

The City Council hereby finds:

a.    That gatherings on private property where alcohol is consumed by juveniles are a nuisance in the City;

b.    That problems associated with such gatherings are difficult to resolve unless the Police Department has additional authority to abate such nuisances on private property;

c.    That the Police Department’s ability to abate such nuisances will result in a decrease in juvenile abuse of intoxicants, physical fights, vandalism, and noise disturbance;

d.    That the abatement of such nuisances is necessary when they are a threat to the peace, health, safety, or general welfare of the public; and

e.    That the Police Department has frequently been required to make return calls to the location of such gatherings to abate such nuisances, thus sometimes leaving other areas of the City with inadequate law enforcement protection.

4.6.004 Definitions.

The definitions in this section and in the Municipal Code govern the construction of this section, unless the context otherwise requires. In the case of any conflict between the definitions of this section and the Municipal Code, this section’s definitions shall prevail.

a.    A "gathering" is a group of persons who have assembled, or are assembling, for a social occasion or for a social activity.

b.    "Police services" include the salaries of Police Department personnel for the amount of time actually spent in responding to, or in remaining at, a gathering at a rate established by resolution of the City Council, the actual cost of any medical treatment to injured Police Department personnel, and the actual cost of repairing any damaged City property.

c.    The "person(s) responsible for a gathering" is the person(s) who owns, rents, leases, or otherwise controls the premises at which the gathering takes place, the person(s) in charge of the premises, and/or the person(s) who organized the gathering. If such person is a minor, the parents or guardians of that minor will be jointly and severally liable for the costs incurred for police services.

4.6.006 Prohibited Activity.

a.    It shall be unlawful for any person in ownership, possession or control of any private residence, property, place or premises to permit, allow, suffer, or host at such residence, property, place or premises, any gathering of five or more persons under the age of 21 years where alcoholic beverages are in the possession of, or are being consumed by any person under the age of 21 years.

b.    It shall be unlawful for any person under the age of 21 years to consume any alcoholic beverages at any gathering described in subsection (a) of this section.

c.    Violation of this subsection is an infraction and shall be punishable to the maximum extent allowed by State Law. In the discretion of the City Attorney, violations of this section may be charged as a misdemeanor and shall be punishable to the maximum extent allowed by State Law.

4.6.008 Subsequent Response Police Services.

When an unlawful juvenile gathering on private property occurs and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare of the public, the person(s) responsible for the gathering is liable for the cost, as established in Section 4.6.002. If the police officer has given a first warning to the person(s) responsible for the gathering to abate the threat to the public peace, health, safety, or general welfare of the public. The costs for the second and subsequent responses, if any, shall not exceed the police services fee established by this section. The second response and subsequent responses may also result in arrest or citation or both for violations of the Penal Code or other provisions of this Code.

4.6.010 Police Services Fee.

The police services fee shall not exceed $500 for a single gathering; the City does not, however, hereby waive its right to seek reimbursement for actual costs exceeding $500 through other legal remedies. The police services fee shall be deemed a debt to the City owed by the person(s) responsible for the gathering or, if he or she is a minor, by his or her parents or guardians. Any person owing a police services fee shall be liable in an action brought in the name of the City for recovery of such fee, including reasonable attorney’s fees.