Chapter 13.32
SOCIAL HOST ACCOUNTABILITY
Sections:
13.32.010 Legislative purpose.
13.32.020 Legislative findings.
13.32.070 Cost recovery fee for public safety services.
13.32.010 Legislative purpose.
The purposes of this chapter are:
A. To protect the public health, safety and general welfare;
B. To promote the reduction of underage drinking, marijuana use, and controlled substance use by imposing an administrative fine on persons responsible for loud or unruly gatherings where alcohol, marijuana, and/or controlled substances are consumed by, served to, or in the possession of underage persons;
C. To facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages, marijuana, and/or controlled substances by underage persons;
D. To offset the municipal costs associated with providing fire, police, and other emergency services to loud or unruly gatherings, by imposing a civil fee upon social hosts and/or landowners who knowingly allow such loud or unruly gatherings to occur on their premises, at their residences, in vehicles including rented buses or limousines, or at rented facilities where alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by, or in the possession of underage persons.
E. Current State law prohibiting conduct that contributes to the delinquency of a minor does not address liability for allowing the consumption of alcohol, controlled substances, and/or marijuana by persons who are 18 years of age or older on premises under the control of an adult. [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]
13.32.020 Legislative findings.
The City Council finds as follows:
A. The City of Sausalito, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents;
B. The occurrence of loud or unruly gatherings on private property where alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a public nuisance;
C. Local jurisdictions throughout the County of Marin have made numerous and substantial efforts to enforce underage drinking, marijuana, and controlled substance laws. Despite these efforts, use by youth remains a serious problem in the County, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, marijuana, and/or controlled substances, and motor vehicle crashes involving alcohol, marijuana, and/or controlled substances and causing injury and/or death;
D. Underage persons often obtain alcoholic beverages, marijuana, and/or controlled substances at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcohol by underage persons. Persons responsible for the occurrence of loud or unruly gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings;
E. Residents have failed to prevent the occurrence or reoccurrence of loud or unruly gatherings, including those where alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by or possessed by underage persons, on private property, which seriously disrupts neighboring residents’ quiet enjoyment of their property;
F. Control of loud or unruly gatherings on private property where alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by or in the possession of underage persons is necessary when such activity is determined to be a public nuisance;
G. Persons held responsible for abetting or allowing loud or unruly gatherings where alcohol, marijuana, and/or controlled substances are served to, consumed by or in the possession of underage persons will be more likely to properly supervise or to stop such conduct at gatherings held on property in their possession or under their control;
H. In the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to loud or unruly gatherings on private property at which alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by or in the possession of underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the City, which are underwritten by general municipal taxes paid to the City by its taxpayers and residents, and also result in a delay of responses to regular and emergency calls to the rest of the City;
I. Problems associated with loud or unruly gatherings at which alcoholic beverages, marijuana, and/or controlled substances are served to, consumed by or in the possession of underage persons are difficult to prevent or deter unless the City has the legal authority to issue an administrative citation for an administrative fine;
J. The intent of this chapter is to protect the public health, safety, quiet enjoyment of residential property, and general welfare;
K. Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of 21 years to purchase, or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of 21 years;
L. According to local, State and Federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels. A child who begins alcohol use prior to age 15 is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age 20 or older;
M. This City Council of the City of Sausalito therefore determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Sausalito. [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]
13.32.030 Title.
This chapter shall be known as the “social host accountability ordinance.” [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]
13.32.040 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
C. “Controlled substance” means a drug or substance described in California Health and Safety Code Section 11007, as may be amended or superseded; provided, that the term does not include any drug or substance for which an individual found to have possessed or consumed such drug or substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.
D. “Cost recovery fee for public safety services” means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings, including but not limited to:
1. The portion of the cost of 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 the loud or unruly gathering(s), and the administrative costs attributable to such response(s) including attorneys’ fees and court costs;
2. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering; and
3. The cost of the use of any City equipment or property, and the cost of repairing any City equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or unruly gathering.
E. “Juvenile” means any person less than 18 years of age.
F. “Loud or unruly gathering” means a party or gathering of two or more persons at a residence or on other private property or rented public property upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;
4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare.
G. “Marijuana” means all parts, as a whole or in part, of the cannabis plant, whether growing or not, the seeds thereof, and/or the resin extracted from any such plant; and every compound, manufacture, derivative or preparation of such plant including seeds, resin, and concentrated marijuana. The prohibition herein includes marijuana in any form including, but not limited to, cigarettes, vapor, food products, or any other product of marijuana that can be smoked or ingested.
H. “Minor” means any person less than 21 years of age.
I. “Responsible person” means a person or persons with a right of possession of the residence or other private property, party bus, or limousine, at which a party, gathering, or event takes place including, but not limited to:
1. Any owner of the residence or other private property, regardless of the actual residence of the person or entity.
2. A tenant or lessee of such residence or other private property.
3. The landlord of another person responsible for the party, gathering, or event; provided, that the landlord received notice of a prior loud or unruly gathering at the same residence or private property.
4. The person(s) in charge of the residence or other private property.
5. The person(s) who organizes, supervises, officiates, conducts, or controls the party, gathering, or event. A responsible person need not be present at such party, gathering, or event and prior knowledge of the gathering is not a prerequisite to a finding that an individual is a responsible person as defined by this section.
J. “Restorative justice program” means a program accredited or approved by a California Superior Court or by the Director of the Marin County Department of Health and Human Services or his or her designee that incorporates restorative practices such as peer to peer review, accountability, and parent participation, in an effort to reduce youth recidivism and deter future adult criminality.
K. “Underage person” means any person less than 21 years of age and shall have the same meaning as “minor,” defined in subsection H of this section. [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]
13.32.050 Unlawful gathering.
A. Unlawful Minor Gatherings on Private Property. It shall be a violation of this chapter for any responsible person to conduct or allow in a residence or other private property, place, or premises under his or her control (including, but not limited to, rental halls or facilities, whether publicly or privately owned and maintained, and rental vehicles of any type or vehicles of any type licensed and/or hired to transport passengers in return for payment of a fare) a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, where the responsible party knows, or reasonably should have known, that an underage person has obtained, possesses, or is consuming alcoholic beverages, controlled substances, and/or marijuana. This chapter shall not apply to possession or consumption of alcohol under the supervision of a parent or guardian in connection with a cultural or religious activity.
B. In the event that a juvenile hosts a party, gathering, or event at which an underage person consumes or possesses alcohol, controlled substances and/or marijuana, in violation of this chapter, and no other responsible person is present at such gathering, then the juvenile shall be deemed to be a responsible person. If the juvenile is not emancipated within the meaning of the California Family Code, then the parents or legal guardians having custody of that juvenile shall be jointly and severally liable with the juvenile for any penalties and response costs imposed pursuant to this chapter, whether or not such parents or guardians are deemed to be responsible persons hereunder or have or had knowledge of the unruly gathering. [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]
13.32.060 Enforcement.
A. Any person who violates SMC 13.32.050 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000 per violation.
B. A public safety officer may issue an administrative citation for a violation of SMC 13.32.050 pursuant to SMC 1.10.050. The procedures in SMC 1.10.050 shall be followed, and:
1. A first violation of SMC 13.32.050 shall result in an administrative citation with a $750.00 fine. A second violation shall result in an administrative citation with an $850.00 fine. A third or subsequent violation shall result in an administrative citation with a $1,000 fine for each violation.
2. In the event that the responsible person who is in violation of SMC 13.32.050 is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for any fine imposed by the Hearing Officer.
3. In addition to a fine, the Hearing Officer may require community service for a violation of SMC 13.32.050.
4. In place of or in addition to any other remedies available to the City under this chapter, the City may require a person who is 18 years or younger at the time of the violation to participate in a restorative justice program. [Ord. 1263 § 2, 2018; amended during 2013 reformat; Ord. 1189 § 1, 2008.]
13.32.070 Cost recovery fee for public safety services.
A. In addition to any fine imposed on the person(s) responsible for the event for a violation of SMC 13.32.050, the person(s) responsible for the event will be liable for the cost of providing public safety services for a second or follow-up response by public safety personnel, after a first warning to the person(s) responsible for the event to abate the nuisance and that a second or follow-up response on the same date or on any later date will result in liability for the cost of providing public safety services.
B. The amount of the cost recovery fee for public safety services under this section shall be calculated pursuant to SMC 13.32.040(D). [Ord. 1263 § 2, 2018; Ord. 1189 § 1, 2008.]