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HomeMy WebLinkAboutCC ORD 2018-2447 NOT ADOPTEDNOT ADOPTED ORDINANCE NO. 2011 - 2447 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.43 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES" (City Attorney) This Ordinance was not adopted at the City Council / Community Development Commission Regular Meeting of April 17, 2018. DATE: April 18, 2018 Michael R. Dalla, CMC City Clerk City of National City ORDINANCE NO. 2018 — 2447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.43 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES WHEREAS, the City of National City (the "City"), pursuant to delegated to it by the California Constitution, has the authority to enact or promote the public health, safety and general welfare of its residents; a WHEREAS, the City Council of the City of National y ') finds that loud and unruly gatherings on private property where alco r •ther controlled substances are served to or consumed by minors onl _ nd harmful to the minors, but often pose a threat to public health, safet oym- residential property and general welfare; and WHEREAS, minors often obtain alcoh substances at gatherings held on private prope knows or should know of the underage consu WHEREAS, National City community youth and supports effort non -medical marijuana and other dr WHEREAS, co necessary when such activity i a detriment to the peace, health, safety, or general welfare of the public; an a, andl5ther controlled er the control of a person who and success and positive future of its ent youth use of and exposure to gatherings or events on private property is WH the City ncil finds and determines that there is a need to amend Chapter 10.43 of .nal City M icipal Code to include marijuana as described below in an effort to stren. n isting provisions of the City's "Social Host Ordinance" ("Ordinanc WH S, the City Council finds and determines that section 10.43.010 should be amended to acid.R: er definitions, Section 10.43.030 should be amended to add the requisite intent of the Ordinance to conform with state and federal law and Section 10.43.070 should be amended to set forth the remedies available to the City for violations of the Ordinance; and =- WHEREAS, the City Council finds and declares that the purpose of amending this Ordinance is to protect public health, safety, and general welfare; and to enforce laws prohibiting the consumption of alcohol, marijuana, and/or controlled substances by minors. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Title 10, Division V, Chapter 10.43 of the Municipal Code is amended to read as follows: CHAPTER 10.43 ALCOHOL, MARIJUANA, AND OTHER CONTROLLED SUBSTANCES OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Consumption of alcoholic beverages, controlled substances by minors pro •lic __ s, places open to public, or places n 10.43.030 Hosting, allowing a gathering inors ing alcoholic beverages, marijuana or ot. - .n subs ces prohibited. 10.43.040 Enforcement services •athe •r event on private property 10.43.050 Reimbursement forcement services 10.43.060 Reservation of 10.43.070 Violation 10.43.010 Definitions. A. For purposes of this Chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. B. "Alcohol" means Tydrated oxide of ethyl, or spirits of wine, from whatever source or by atever p ..duced. C. "Alco' •everage' s defined by Business and Professions Code section 23004. D. "C• o bstances or illegal drugs" shall include all narcotics, drugs, or substances •oss- and use are regulated under the Controlled Substances Act. Such term lude drug or substance for which the individual found to have consu -.ed sub ,ce has a valid prescription issued by a licensed medial practitioner autho t• - a prescription. ent services" includes the salaries and benefits of law enforcement, ement personnel, or other emergency response providers for the amount of tim i - tin responding to, or in remaining at, or otherwise dealing with the party, gathe " .r event and the administrative costs attributable to the incident; the actual cost of any me• reatment to injured law enforcement, fire, code enforcement personnel, or other emergency response 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, remaining at, or leaving the party, gathering, or event. F. "Juvenile" means any person under eighteen (18) years of age. G. "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. H. "Minor" means any person under twenty-one (21) years of age. Ordinance No. 2018 — 2447 April 17, 2018 Page 2 of 5 Social Host Ordinance Amending NCMC Chapter 10.43 "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. J. "Party, gathering, or event" means a party or gathering of two or more persons at or on a residence or other private property or premises, who have assembled or are assembling for a party, social occasion or social activity. K. "Residence or premises" means a hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, whether private property or public place, and whether owned, leased -• ed, or used with or without compensation. L. "Responsible person" includes, but is not limited to: (1) The • owns, rents, leases, or otherwise has control of the premises where the party - . t takes place; (2) the person(s) in charge of the premises including the land responsible for the gathering; or (3) any persons(s) who host, or. - ise, it, officiate, conduct or control the gathering or any other persons y for such a gathering. If a person responsible for the event is a juveni •q the • guardians of that juvenile and the juvenile will be jointly and severally lia• osts .rred for enforcement services pursuant to this Chapter. To incu for cement services imposed by this Chapter, the responsible person for : y, g ne- •t be present at such gathering resulting in the response giving rise to the i of enforcement services. This Chapter therefore imposes vicarious as well as _ pon a responsible person. M. A "social host" is an adult who rnits hering, or event where one or more minors consume one or more alcoholic • -rage an . _na or other controlled substances on property owned or contr 10.43.020 Consumption . .ho verges, marijuana, or other controlled substances by minors prohibite• pub -ce laces open to public, or places not open to public. Except as permitted b w, ' shall: A. Consume at any - . . ny places open to the public any alcoholic beverage, marijuana or other co ance; or B. Cons -t any pl- .t open to the public any alcoholic beverage, marijuana, or other controlled ance, unles connection with the consumption of the alcoholic beverage that mi _ • g supervised by his or her parent or legal guardian. 10 beverages Hos .Ilowinq a gathering where minors consuming alcoholic nd of er controlled substances prohibited. permitted by Article 1, Section 4, of the California Constitution, it is unla aving control of any premises who knows or should reasonably know tiOtte,Q,h: ed, permitted, or allowed a gathering to take place at said premises, where at least •,Ae minor consumes an alcoholic beverage, marijuana or other controlled substance i ver the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana or other controlled substance by a minor. B. It is the duty of any person having control of any premises, who knows or should know that he or she has hosted, permitted, or allowed a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps include, but are not limited to: (1) controlling access to alcoholic beverages, marijuana, or other controlled substances at the gathering; Ordinance No. 2018 — 2447 Page 3 of 5 Social Host Ordinance April 17, 2018 Amending NCMC Chapter 10.43 (2) controlling the quantity of alcoholic beverages, marijuana or other controlled substances present at the gathering; (3) verifying the age of the persons attending the gathering by inspecting drivers licenses or other government -issued identification cards to ensure that minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and (4) supervising the activities of minors at the gathering. C. Whenever a person having control of a residence or premises is present at the residence or premises at the time that a minor possesses or consumes any al is beverage or controlled substance thereon, it shall be prima facie evidence that such p- the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shal actual or constructive knowledge that a minor has consumed or pos marijuana, or controlled substances if the person has not taken a the consumption or possession of alcoholic beverages, mariju minor or as set forth in this section. E. This section shall not apply to conduct involy or use of an alcoholic beverage by a minor child which of his or her parent or legal guardian, or to the cons place regulated by the California Department of Alcoh 10.43.040 Enforcement services When any party, gathering or event occurs on 10.43.030 and a police officer, fire or c• enf response providers at the scene det "Ines thak peace, health, safety or general wel e person(s event shall be liable for the act al cost the police, fire, code enforcent ritrzon 10.43.050 the enforcement sery City by the person guardians. Any action broug Reimburse describe e rages, revent ances by a n of alcohol to excl under the supervision n alc beverage at any age Control. , or event on private property. rt -s described in Section sonnel, or other emergency threat or detriment to the public responsible for the party, gathering or orcement services provided during a response by or other emergency response providers. t of law enforcement services. The actual cost of ec ion 10.43.040 shall be deemed a debt owed to the sible for th ent and, if that person is a juvenile, their parents or ing such d-bt after demand has been refused shall be liable in an the City for recovery of the same. 10. +60 'ese tion of legal options. The City of National City reserves its right to seek reimb ent actual costs of enforcement services through other legal remedies or procedures. ure provided for in this Chapter is in addition to any other statute, ordinance, or la or criminal. This Chapter in no way limits the statutory authority of peace officers or privatecitizens to make arrests for any criminal offense arising out of conduct regulated by thifArticle. 10.43.07 Violations. A. General Penalty. All means of enforcement authorized under this code may be used to address violations of this Chapter, including, but not limited to: criminal actions, civil penalties, nuisance abatement, civil actions including injunctive relief, and administrative citations. Violations of this Chapter may be charged as a misdemeanor in accordance with National City Municipal Code Chapter 1.20 and shall be punishable to the fullest extent of the law including a one thousand dollar fine and/or six months of jail. Ordinance No. 2018 — 2447 April 17, 2018 Page 4 of 5 Social Host Ordinance Amending NCMC Chapter 10.43 B. Public Nuisance. A violation of this Chapter is hereby declared to be a public nuisance and may be enjoined civilly or administratively. In addition, it is unlawful and a misdemeanor to maintain a public nuisance. 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 ox:the fact that any one or more section, subsections, sentences, clauses, or phrases be d- .lid or unconstitutional. Section 3. This ordinance shall take effect and be in forc from and after its final passage. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: PASSED and ADOPTED this 17th day of Apri Angil P. Morn City Attorn Morris • Mayor day Ordinance No. 2018 — 2447 April 17, 2018 Page 5 of 5 Social Host Ordinance Amending NCMC Chapter 10.43