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HomeMy WebLinkAboutCC ORD 2019-2459 Social Host Ordinance - Minors Alcohol and Drug OffensesORDINANCE NO. 2019 — 2459 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 & ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES COMMONLY KNOWN AS THE SOCIAL HOST ORDINANCE WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety and general welfare of its residents; and WHEREAS, the City Council of the City of National City (the "City Council") finds that loud and unruly gatherings on private property where alcohol, marijuana, and/or other controlled substances are served to or consumed by minors are not only unlawful and harmful to the minors, but often pose a threat to public health, safety, quiet enjoyment of residential property and general welfare; and WHEREAS, minors often obtain alcohol, marijuana, and other controlled substances at gatherings held on private property that are under the control of a person who knows or should know of the underage consumption or service; and WHEREAS, National City is committed to the success and positive future of its community youth and supports efforts to decrease and prevent youth use of and exposure to non -medical marijuana and other drugs; 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, the City Council finds and determines that there is a need to amend Chapter 10.43 of the National City Municipal Code to include marijuana as described below in an effort to strengthen the existing provisions of the City's "Social Host Ordinance" ("Ordinance"); and WHEREAS, the City Council finds and determines that section 10.43.010 should be amended to add clearer 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, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana or other controlled substances prohibited. 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. 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 ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. C. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. D. "Controlled substances or illegal drugs" shall include all narcotics, drugs, or substances, whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medial practitioner authorized to issue such a prescription. E. "Enforcement services" includes the salaries and benefits of law enforcement, fire, code enforcement personnel, or other emergency response providers for the amount of time actually spent in responding to, or in remaining at, or otherwise dealing with the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment 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. 2019 — 2459 Page 2 of 5 Social Host Ordinance June 4, 2019 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, rented, or used with or without compensation. L. "Responsible person" 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 including the landlord of another person responsible for the gathering; or (3) any persons(s) who host, organize, supervise, permit, officiate, conduct or control the gathering or any other persons accepting responsibility for such a gathering. If a 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 enforcement services pursuant to this chapter. To incur liability for enforcement services imposed by this chapter, the responsible person for the gathering need not be present at such gathering resulting in the response giving rise to the imposition of enforcement services. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. M. A "social host" is an adult who permits a party, gathering, or event where one or more minors consume one or more alcoholic beverages, marijuana or other controlled substances on property owned or controlled by an adult. 10.43.020 Consumption of alcoholic beverages, marijuana, or other controlled substances by minors prohibited in public places, places open to public, or places not open to public. Except as permitted by state law, no minor shall: A. Consume at any public place or any places open to the public any alcoholic beverage, marijuana or other controlled substance; or B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. 10.43.030 Hosting, allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited. A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted, or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance wherever 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. 2019 — 2459 Page 3 of 5 Social Host Ordinance June 4, 2019 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 alcoholic beverage or controlled substance thereon, it shall be prima facie evidence that such person had the knowledge or should have had the knowledge specified in this section. D. A person who hosts, permits, or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana, or controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or controlled substances by a minor or as set forth in this section. E. 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, fire or code enforcement personnel, or other emergency response providers 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, fire, code enforcement personnel, or other emergency response providers. 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. 10.43.07 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. 2019 — 2459 Page 4 of 5 Social Host Ordinance June 4, 2019 Amending NCMC Chapter 10.43 B. Public Nuisance. A violation of the 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 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 (301h) day from and after its final passage. PASSED and ADOPTED this 4th day of June, 2019. Af AV /. A ejan. r. i • t, . Mayor ATTEST: ppichael R. alla, City Clerk APPROVED AS TO FOR orris -Jones ttorney Ordinance No. 2019 — 2459 Page 5 of 5 Social Host Ordinance June 4, 2019 Amending NCMC Chapter 10.43 Passed and adopted by the Council of the City of National City, California, on June 4, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: 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 May 21, 2019 and on June 4, 2019. 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. 2019-2459 of the City Council of the City of National City, passed and adopted by the Council of said City on June 4, 2019. By: City Clerk of the City of National City, California Deputy