HomeMy WebLinkAboutOrdinances_2780_CCv0003.pdf ORDINANCE NO. 2780
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER
9.30 TO THE REDLANDS MUNICIPAL CODE ESTABLISHING SOCIAL
HOST LIABILITY
WHEREAS, the City of Redlands(the"City"), 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; and
WHEREAS, the occurrence of loud and unruly gatherings on private property where
alcoholic beverages, marijuana and other controlled substances are served to, or consumed by,
underage persons is harmful to the underage persons themselves and a threat to public health,
safety, quiet enjoyment of residential property and general welfare; and
WHEREAS, underage persons often obtain alcoholic beverages, marijuana and other
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
underage service and/or consumption; and
WHEREAS,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, marijuana and other controlled substances are neither served to nor consumed by
underage persons at these parties; and
WHEREAS, landlords have failed to prevent the occurrence or reoccurrence of loud or
unruly gatherings, including those where alcoholic beverages,marijuana and other controlled
substances are served to or consumed by underage persons on private property they lease to
tenants, which seriously disrupts the quiet enjoyment of neighboring residents; and
WHEREAS,problems associated with loud or unruly gatherings at which alcoholic
beverages, marijuana and other controlled substances are served to, or consumed by, underage
persons are difficult to prevent and deter unless the City's Police Department has the legal
authority to direct the host to dispense the gathering; and
WHEREAS, control of loud or unruly gatherings on private property where alcoholic
beverages, marijuana and other controlled substances are served to, or consumed by, underage
persons is necessary when such activity is determined to be a threat to the peace, health, safety,
or general welfare of the public; and
WHEREAS,persons held responsible for abetting or tolerating loud or unruly gatherings
will be more likely to properly supervise or stop such conduct at gatherings held on property
under their possession or control; and
WHEREAS, in the past and present, law enforcement, fire and other emergency response
services personnel have and are required to respond, sometimes on multiple occasions, to loud or
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unruly gatherings on private property at which alcoholic beverages, marijuana and other
controlled substances are served to, or consumed by, 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
delaying police responses to regular and emergency calls to the rest of the City; and
WHEREAS, the intent of this ordinance is to protect the public health, safety, quiet
enjoyment of residential property, and general welfare; and to impose strict liability on property
owners and other responsible persons for the nuisances created by, and the costs associated with
responding to, loud and unruly gatherings to deter and prevent such gatherings;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.30, entitled"Social Host Liability,"is hereby added to the Redlands
Municipal Code to read as follows:
"Chapter 9.30
SOCIAL HOST LIABILITY
9.30.010 Purposes
9.30.020 Definitions
9.30.030 Consumption of Alcoholic Beverages and other Controlled Substances
Prohibited
9.30.040 Hosting, Permitting,Allowing a Gathering Prohibited
9.30.050 Responsibility for Property Management
9.30.060 Penalties for Violation of Chapter
9.30.070 Recovery of Response Costs
9.30.080 Billing and Collections
9.30.090 Reservation of Legal Options
9.30.100 Appeals
9.30.010. Purposes. The purposes of this chapter are to protect public health, safety and
general welfare; to enforce laws prohibiting the service to and consumption of alcoholic
beverages by underage persons; and to reduce the costs of providing police, fine and
other emergency response services to loud or unruly gatherings by imposing a civil fee
against social hosts and landowners (including landlords) for the recovery of costs
associated with providing law enforcement, fire and other emergency response services to
loud or unruly gatherings, including those where alcoholic beverages are served to or
consumed by underage persons.
9.30.020. Definitions. For the purposes of this chapter, the following terms shall have
the following meanings:
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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, wine, or beer, and which contains one-
half of one percent or more of alcohol by volume and which is fit for beverage
purposes whether alone or when diluted, mixed, or combined with other
substances.
C. "Controlled Substance"means a drug or substance 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 medical practitioner
authorized to issue such a prescription.
D. "Gathering"is a party, gathering, or event where a group of two or more
persons have assembled or are assembling for a special occasion or social activity.
E. "Juvenile"means any person under eighteen years of age.
F. "Loud or unruly gathering"means a party or gathering of two or more persons
at or on a residence or other private property upon which loud or unruly conduct
occurs. Such loud or unruly conduct includes,but is not limited to:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets or crowds that have spilled into public
streets;
4. Public drunkenness or unlawful public consumption of alcohol,
alcoholic beverages, or marijuana or other controlled substance;
5. Service to, or consumption of alcohol or alcoholic beverages by, any
underage person, except as permitted by state law;
6. Assaults,batteries, fights, domestic violence or other disturbances of the
peace-,
7. Vandalism;
8. Litter; and
9. Any other conduct which constitutes a threat to public health, safety,
quiet enjoyment of residential property or general welfare.
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G. "Public Place"means any place in which the public or a substantial group of
the public has access and includes,but is not limited to, streets, highways and
other common areas of schools,hospitals, apartment houses, office buildings,
transport facilities and shops, other than the campus of a public or private college
or university, if such college or university(1)maintains a Public Safety
Department adequately staffed to provide security and police services at all times
with respect to the campus,meaning 24 hours per day and 7 days per week, and
(2)has in place a written protocol with the Redlands Police Department with
respect to coordination and cooperation regarding prevision of security and police
services on the campus.
H. "Responsible person"means a person or persons with a right of possession in
the residence or other private property on which a loud or unruly gathering is
conducted, including,but not limited to:
1. An owner of the residence or other private property;
2. A tenant or lessee of the residence or other private property;
3. The landlord of another person responsible for the gathering;
4. The persons in charge of the residence or other private property; and/or
5. Any persons who host, organize, supervise, permit, officiate, conduct or
control the gathering or any other persons accepting responsibility for such
a gathering. If the responsible person for the gathering is a juvenile, then
the parents or guardians of that juvenile and the juvenile will be jointly
and severally liable for the response costs incurred pursuant to this
chapter. To incur liability for response costs imposed by this chapter, the
responsible person for the loud or unruly gathering need not be present at
such gathering resulting in the response giving rise to the imposition of
response costs. This chapter therefore imposes vicarious as well as direct
liability upon a responsible person. Notwithstanding the foregoing, the
term"responsible person" shall not mean or be interpreted to mean a
public or private college or university, if such college or university(1)
maintains a Public Safety Department adequately staffed to provide
security and police services at all times with respect to the campus,
meaning 24 hours per day and 7 days per week, and(2)has in place a
written protocol with the Redlands Police Department with respect to
coordination and cooperation regarding provision of security and police
services on the campus.
1. "Response costs"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:
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1. 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 loud or unruly gatherings, and the
administrative costs attributable to such responses; and
2. Except when the responsible person against whom the City might seek
cost recovery is a public or private college or university that satisfies the
requirements of Section 9.30.020 G, 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. Except when the responsible person against whom the City might seek
cost recovery is a public or private college or university that satisfies the
requirements of Section 9.30.020 G,the cost of repairing any City
equipment or property damaged, and the cost of the use of any such
equipment, in responding to, remaining at or leaving the scene of a loud or
unruly gathering.
J. "Residence or other private property"means a home, yard, apartment,
condominium,hotel or motel room, or other dwelling unit, or a hall or meeting
room, whether occupied on a temporary or permanent basis, whether occupied as
a dwelling,party or other social function, and whether owned, leased, rented, or
used with or without compensation, other than the campus of a public or private
college or university, if such college or university(1)maintains a Public Safety
Department adequately staffed to provide security and police services at all times
with respect to the campus, meaning 24 hours per day and 7 days per week, and
(2)has in place a written protocol with the Redlands Police Department with
respect to coordination and cooperation regarding prevision of security and police
services on the campus.
K. "Underage person"means any person under twenty-one years of age.
9.30.030. Consumption of alcoholic beverages and other controlled substances
prohibited. Except as permitted by state law, it is unlawful for any minor to:
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, unless in
connection with the consumption of an alcoholic beverage that minor is being
supervised by his or her parent or legal guardian.
9.30.040. Hosting, permitting, allowing a gathering prohibited.
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A. Except as permitted by state law, 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.
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 are controlling access to alcoholic beverages,
marijuana or other controlled substances at the gathering; controlling the quantity
of alcoholic beverages, marijuana or other controlled substances present at the
gathering; 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 supervising the activities of minors at the
gathering.
C. Whenever a person having a control of a premises is present at the premises at
the time that a minor possesses or consumes any alcoholic beverage,marijuana 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. Except as permitted by State law, it is unlawful for any person to host,permit,
conduct, organize or allow a gathering in, upon or at any public place where at
least one minor consumes alcoholic beverages, marijuana or controlled
substances.
E. 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 persons has not
taken all reasonable steps to prevent the consumption or possession of alcoholic
beverages, marijuana or controlled substances, as set forth in subsection
9.30.040B of this Chapter.
F. 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 responsible steps to prevent the consumption or possession of alcoholic
beverages, marijuana or controlled substances by minors.
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G. A person who hosts, permits or allows a gathering shall not be in violation of
this section if he or she seeks immediate assistance from the Redlands Police
Department or other law enforcement agency to remove any person who refuses
to abide by the host's performance of the duties imposed by this section, or
terminate the gathering because the host has been unable to prevent minors from
consuming or possessing alcoholic beverages, marijuana or controlled substances
despite having taken all reasonable steps to do so, as long as such request is made
before any other person makes a complaint about the gathering.
H. This section shall not apply to any location or place regulated by the
California Department of Alcohol and Beverage Control.
1. This section shall not apply to conduct involving the use of alcoholic beverages
that occurs exclusively between a minor and his or her parent or guardian, as
permitted by Article 1, section 4, of the California Constitution.
9.30.050. Responsibility for Property Management. Every owner, occupant, lessee or
holder of any possessory interest of a residence or other private property within the City
is required to maintain, manage and supervise the property and all persons thereon in a
manner or as not to violate the provisions of this Chapter. The owner of the property
remains liable for such violations regardless of any contract or agreement with any third
party regarding the property.
9.30.060. Penalties for Violation of Chapter.
A. It shall be an infraction for any responsible person to conduct, aid, allow,
permit or condone a loud or unruly gathering at a residence or other private
property, or in, at or upon any public place.
B. The civil fines shall be no less than$100 for the first violation, $200 for the
second violation, and $500 for each subsequent violation, occurring within one
year of the first violation.
C. The fines prescribed in this Section 9.30.060 are in addition to any response
costs that may be assessed pursuant to this Chapter.
D. The second, third or subsequent violation fines prescribed at subsections B2
and B3 of this Section are payable whether or not the responsible person for such
loud or unruly gathering is different from the responsible person for any prior
loud or unruly gathering at the residence or other private property.
E. The fine schedule prescribed in this Section 9.30.060 is a"rolling schedule,"
meaning that in calculating the fine payable the City shall count backward starting
from the date of the most recent loud or unruly gathering to determine how many
prior loud or unruly gatherings have taken place at the residence or other private
property in question during the statutory twelve month period. A warning given
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pursuant to this chapter shall remain in effect for the residence or other private
property at a given address until a full twelve month period has elapsed during
which there have been no response to a loud or unruly gathering at the residence
or other private property.
9.30.070. Recovery of Response Costs.
A. When law enforcement, fire or other emergency response provider responds to
a loud or unruly gathering at a residence or other private place, or in, at or upon
any public place within the City within a twelve month period of a warning given
to a responsible person for a loud or unruly gathering, all responsible persons
shall be jointly and severally liable for the City's costs of providing response
costs for that response and all subsequent responses during the warning period.
B. When a law enforcement, fire or other emergency response provider official
makes an initial response to a loud or unruly gathering at a residence or other
private property, or in, at or upon any public place within the City, the official
shall inform any responsible persons for the gathering at the scene that:
1. The official has determined that a loud or unruly gathering exists; and
2. Responsible persons will be charged for any response costs required for
subsequent responses to the scene for a loud or unruly gathering within a
twelve-month period.
C. Only one warning will be given to a responsible person pursuant to this Section
before the City assesses response services costs pursuant to Section 9.30.060. If a
responsible person cannot be identified at the scene, the official may issue a
warning to one or more persons identified in Section 9.30.020 H and/or
subsequently return to the residence or other private property and issue the
warning to a then-present responsible person. Warnings given to responsible
persons who do not reside at the residence or other private property in question
shall be delivered by first-class and/or certified mail.
9.30.080. Billing and Collections. The amount of response costs shall be deemed a debt
owned to the City by the responsible person held liable for the loud or unruly gathering
and, if a juvenile,by the juvenile's parents or guardians. Any person owing such costs
shall be liable in a civil action brought in the name of the city for recovery for such fees,
including reasonable attorneys' fees.
A. Notice of the costs for which the responsible person is liable shall be mailed
via first-class and certified mail within 14 days of the response giving rise to such
costs. The notice shall contain the following information:
1. The name of the persons being held liable for the payment of such
costs;
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2. The address of the residence or other private property where the loud or
unruly gathering occurred;
3. The date and time of the response;
4. The law enforcement, fire and emergency service provider who
responded;
5. The date and time of any previous warning given and/or previous
responses to loud or unruly gatherings at the residence or other private
property in question within the previous twelve months; and
6. An itemized list of the response costs for which the persons are being
held liable.
B. The responsible person must remit payment of the noticed response costs to
the Finance Department of the City within thirty days of the date of the notice.
The payment of any such costs shall be stayed upon a timely appeal made
pursuant to this chapter.
C. The amount of a civil fine and/or responsive costs shall be deemed a debt
owed to the City by the persons found in violation of section 9.02.040 and
therefore liable for a fine under section 9.30.060 and fees under section 9.30.070,
and, if that person is a juvenile, then also his/her parents or guardians. Any
person owing such fine and/or fees shall be liable in an action brought in the name
of the City for recovery of such fines and/or fees. These recovery costs may
include reasonable attorneys' fees incurred in the action if the City prevails, as the
City reserves the right to seek to recover reasonable attorneys' fees, on a case by
case basis.
9.30.090. Reservation of Legal Options. Nothing in this chapter shall be construed as a
waiver by the City of any right to seek reimbursement for actual costs of response
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 authority of peace offices or private citizens to make arrests
for any criminal offense arising out of conduct regulated by this chapter.
9.30.100. Appeals. Any person upon-whom is imposed a fine/penalty pursuant to and/or
response costs recovery fees shall have the right to appeal the imposition of such
fine/penalty or fees to the City pursuant to the procedures established by the City for
appealing the abatement of public nuisances."
Section I The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act("CEQA")pursuant to
State CEQA Guidelines Section 15061 (b)(3).
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Section 3. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the invalidity does not affect other provision or applications of this
ordinance that can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it,to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter,this
ordinance shall take effect as provided by law.
A
Pete Aguil r, Mayor
ATTEST:
Sam Irwi i Clerk
1, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duty
adopted by the City Council at the regular meeting thereof,held on the 5th day of February 2013,
by the following vote:
AYES: Councilmembers Harrison, Foster, Gilbreath; Mayor Aguilar
NOES: None
ABSENT: Councilmember Gardner
ABSTAIN: None
Sam Irwin, City C erk
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