HomeMy WebLinkAboutCC ORD 2003-2235 Adds Ch. 10.43, alcohol and illegal drug offenses by minors (10.43)ORDINANCE NO. 2003 — 2235
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 BY ADDING CHAPTER 10.43 TO
THE NATIONAL CITY MUNICIPAL CODE CONCERNING
ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS
AND JUVENILES, AND REQUIRING REIMBURSEMENT
FROM RESPONSIBLE PERSONS FOR THE
COST OF ENFORCEMENT SERVICES
WHEREAS, the City Council of the City of National City finds that unsupervised
parties on private property where alcohol and/or controlled substances consumed by minors are
not only unlawful but often a cause for disturbances; and
WHEREAS, problems associated with such gatherings are difficult to resolve
unless the Police Department has the legal authority to direct the party host to dispense the
group; and
WHEREAS, police ability to abate loud and disturbing gatherings or gatherings
where alcohol and/or controlled substances are consumed by minors on private property will
result in a decrease in abuse of intoxicants by minors, physical altercations and injuries,
neighborhood vandalism and excessive noise disturbances thereby improving public safety; and
WHEREAS, control of large parties, gatherings or events on private property is
necessary when such activity is determined to be a detriment to the peace, health, safety, or
general welfare of the public; and
WHEREAS, state law prohibiting conduct which contributes to the delinquency of
minors does not address adult liability for allowing, premises under the control of the adult,
consumption of alcohol or possession of controlled substances by persons who are eighteen
(18) years old or older, but under the legal drinking age, and
WHEREAS, police officers frequently have been required to make calls to
locations of parties, gatherings, or events in order to dispense uncooperative participants,
causing a drain on workforce and resources and in some cases, leaving other areas of the City
with inadequate police protection; and
WHEREAS, state law does not preempt imposing civil liability for the purposes of
cost recovery upon adults who allow premises under their control to be used for underage
drinking or possession of controlled substances; and
WHEREAS, the City Council of the City of National City finds and declares that
the purpose of this ordinance is:
To protect public health, safety and general welfare;
To enforce laws prohibiting the consumption of alcohol and/or controlled
substances by minors;
To recover costs of providing police services to parties, gatherings, or events
requiring a response.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. Title 10, Division V of the Municipal Code is amended by adding chapter
10.43 to read as follows:
CHAPTER 10.43
ALCOHOL AND ILLEGAL DRUG OFFENSES
BY MINORS AND JUVENILES, AND
REIMBURSEMENT FROM RESPONSIBLE PERSONS
FOR THE COST OF ENFORCEMENT SERVICES
Sections:
10.43.010 Definitions
10.43.020 Unsupervised consumption of alcohol by minor at private property
10.43.030 Serving alcohol and/or controlled substances to minors at parties,
gatherings or events on private property
10.43.040 Enforcement services at a party, gathering or event on private
property
10.43.050 Reimbursement for cost of law enforcement services
10.43.060 Reservation of legal options
10.43.070 Violations
10.43.010 Definitions.
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
"Alcoholic beverage" is as defined by Business and Professions Code section 23004.
"Controlled substances or illegal drugs" shall include all narcotics or drugs, the
possession of which is illegal under the laws of the State of California as defined under the
Penal Code, Health and Safety Code, and related statutes.
"Enforcement services" includes the salaries and benefits of police officers or other code
enforcement personnel for the amount of time actually spent in responding to, or in remaining
at, the party, gathering, or event and the administrative costs attributable to the incident; the
actual cost of any medical treatment to injured police officers or other code enforcement
personnel; and the cost of repairing any damaged City equipment or property; and the cost
arising from the use of any damaged equipment in responding to or remaining at the party,
gathering, or event.
"Juvenile" means any person under eighteen (18) years of age.
"Guardian" means (1) a person who, under court order, is the guardian of the person of a
minor; or (2) a public or private agency with whom a minor has been placed by the court.
"Minor" means any person under twenty-one (21) years of age.
"Parent" means a person who is a natural parent, adoptive parent, or step-parent of
another person.
"Party, gathering, or event" means a group of persons who have assembled or are
assembling for a party, social occasion or social activity.
"Person(s) responsible for the event" includes, but is not limited to: (1) The person(s)
who owns, rents, leases, or otherwise has control of the premises where the party, gathering or
event takes place; (2) the person(s) in charge of the premises; or (3) the persons(s) who
organized the event. If a person responsible for the event is a juvenile, then the parents or
guardians of that juvenile will be jointly and severally liable for the costs incurred for
enforcement services pursuant to this chapter.
10.43.020 Unsupervised Consumption of Alcohol by Minor at Private Property.
Except as permitted by state law, no minor shall:
A. Consume in any public place or place open to the public any alcoholic beverage
or consume at any place not open to the public any alcoholic beverage.
B. This section shall not apply to conduct involving the administration of alcohol to
or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision
of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any
place regulated by the California Department of Alcoholic Beverage Control.
10.43.030 Serving of Alcohol and/or controlled substances to Minors at Parties,
Gatherings or Events on Private Property. A. Except as permitted by Article 1, Section 4, of the
California Constitution, no person shall suffer, 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 three (3) or more minors are present and alcoholic beverages or illegal drugs, or
both, are being consumed by any minor.
B. This section shall not apply to conduct involving the administration of alcohol to or
use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of
his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place
regulated by the California Department of Alcoholic Beverage Control.
10.43.040 Enforcement Services at a Party, Gathering or Event on Private Property.
When any party, gathering or event occurs on private property as described in Section
10.43.030 and a police officer or other code enforcement officer at the scene determines that
there is a threat or detriment to the public peace, health, safety or general welfare, the person(s)
responsible for the party, gathering or event shall be liable for the actual cost of enforcement
services provided during a response by the police or other code enforcement personnel.
10.43.050 Reimbursement for Cost of Law Enforcement Services. The actual cost
of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the
City by the person responsible for the event and, if that person is a juvenile, their parents or
guardians. Any person owing such debt after demand has been refused shall be liable in an
action brought in the name of the City for recovery of the same.
10.43.060 Reservation of Legal Options. The City of National City reserves its right
to seek reimbursement for actual costs of enforcement services through other legal remedies or
procedures. The procedure provided for in this chapter is in addition to any other statute,
ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace
officers or private citizens to make arrests for any criminal offense arising out of conduct
regulated by this Article.
10.43.070 Violations. Violation of any of the mandatory provisions or prohibitions of
this chapter is a misdemeanor, punishable by a fine of $1000 and imprisonment for a period not
to exceed six (6) months, or by both fine and imprisonment.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this ordinance and adopted this
Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that
any one or more section, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3. This ordinance shall take effect and be in force on the thirtieth (30`h) day
from and after its final passage.
Passed and adopted this 16TH day of DECEMBER
Nick Inzunz, Mayor
ATTEST:
/716
Mich el Dalla, Ci Clerk
APPROVED AS TO FORM:
a
George H. Eiser, III
City Attorney
, 2003.
t'e2-1/1.410..
Passed and adopted by the Council of the City of National City, California, on December 16,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
ttA
City Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
December 2, 2003, and on December 16, 2003.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2003-2235 of the City Council of the City of National City, passed and
adopted by the Council of said City on December 16, 2003.
City Clerk of the City of National City, California
By:
Deputy