HomeMy Public PortalAbout07 Adopting Chapter 9.19 of Municipal Code Regarding Alcohol, Marijuana, and Controlled Substances by Minors ' TOWN OF TRUCKEE
California
ORDINANCE 2015-07
AN ORDINANCE ADOPTING CHAPTER 9.19 OF THE
TRUCKEE MUNICIPAL CODE REGARDING USE OF
ALCOHOL, MARIJUANA, AND CONTROLLED SUBSTANCES BY MINORS
WHEREAS, the use of alcohol, marijuana, and controlled substances by minors is
against the law in California; and
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WHEREAS, parties occurring on public or private property where alcohol is consumed,
or marijuana or controlled substances are used by, minors are not only unlawful but often cause
disturbances in the vicinity of the party; and
WHEREAS, problems associated with such gatherings on private property are difficult
to resolve unless the Police Department has the legal authority to enter the private premises
and direct the attendees to disperse; and
WHEREAS, control of large parties, gatherings or events on public or private property
is necessary when such activity is determined to be a threat to the peace, health, safety or
general welfare of the public; and
WHEREAS, police officers frequently have been required to make return calls to the
location of a party, gathering, or event in order to disperse uncooperative participants, causing a
drain of manpower and resources and, in some cases, leaving other areas of the Town with
inadequate police protection; and
WHEREAS, giving the police the ability to abate loud and disturbing gatherings or
gatherings where alcohol is served to minors, or marijuana or controlled substances are used 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, thereby improving
public safety; and
WHEREAS, making adults who allow or facilitate the consumption of alcohol or the
use of marijuana or controlled substances by minors at parties subject to citation for doing so
will help reduce the incidence of such actions; and
The Town Council of the Town of Truckee Does Ordain as Follows:
Section 1.
Chapter 9.19 of the Truckee Municipal Code is hereby enacted to read as set
forth in Exhibit "A", attached hereto and incorporated herein by reference.
Ordinance 2015-07
Page 2
Section 2. '
If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of the ordinance. The Town Council of the
Town of Truckee hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the fact that one or more
sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section.3.
The Town Clerk is hereby directed to publish this ordinance in accordance with
the law.
The foregoing Ordinance was introduced at a regular meeting of the Truckee
Town Council held on the 26th day of May, 2015, and adopted at a regular meeting of the
Truckee Town Council, on the 9th day of June, 2015, Council Member Wallace Dee moved
for the adoption, the motion was seconded by Vice Mayor deRyk Jones and was carried
by the following vote:
AYES: Council Member Wallace Dee, Vice Mayor deRyk Jones, Council
Member Flora, and Mayor Barr.
NOES: None.
ABSENT: Council Member Goodwin.
icia Barr, Mayor
ATTEST: APPROVED AS TO FORM:
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Judy P ice, MMTown Clerk Andy Morris, Town Attorney
Ordinance 2015-07
Page 3
EXHIBIT "A"
TRUCKEE MUNICIPAL CODE CHAPTER 9.19
Chapter 9.19 SOCIAL HOST LIABILITY
9.19.010 Findings and Purpose
A. The Town Council finds that parties on private property where alcohol is
consumed, or marijuana or controlled substances are used, by minors are not only
unlawful but often cause disturbances in the vicinity of the party.
B. Problems associated with such gatherings on private property are difficult to
resolve unless the Police Department has the legal authority to enter the private
premises and direct the host to disperse.
C. Control of large parties, gatherings or events on public or private property is
necessary when such activity is determined to be a threat to the peace, health, safety or
general welfare of the public.
' D. Police officers frequently have been required to make return calls to the location
of a party, gathering, or event in order to disperse uncooperative participants, causing a
drain of manpower and resources and, in some cases, leaving other areas of the Town
with inadequate police protection.
E. Giving the police the ability to abate loud and disturbing gatherings or gatherings
where alcohol is served to minors, or marijuana or controlled substances are used 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, thereby
improving public safety
F. Accordingly, the Town Council of the Town of Truckee finds and declares that the
purposes of this chapter are:
1. To protect public health, safety and general welfare;
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2. To assist in the enforcement of laws prohibiting the consumption of alcohol and
use of marijuana or controlled substances by minors;
3. To recover costs of providing police services to parties, gatherings, or events
requiring a second response.
9.19.020 Definitions
The following words and phrases, whenever used in this chapter, shall have the meaning and
' be construed as defined in this section, unless it is apparent from the context that they have
different meanings:
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Page 4
A. "Alcohol" or"alcoholic beverage" shall have the meaning given to that term under
California Business & Professions Code Sections 23003 and 23004, as they may be
amended or superseded, to include ethyl alcohol, hydrated oxide of ethyl, 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 either alone or when diluted, mixed, or combined with other
substances.
B. "Controlled substance" means any drug or substance described in California
Health & Safety Code Section 11007, as it 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.
C. "Juvenile" is any minor child under the age of 18 years.
D. "Marijuana" means any item described in California Health & Safety Code
Section 11018, as it may be amended or superseded.
E. "Minor" is any person under the age of 21 years.
F. "Person" includes, but is not limited to:
1. The person who owns, rents, leases, and/or otherwise has control or is in charge
of the premises where the party, gathering, or event takes place, irrespective of
whether such person knew of the event or knew or intended that alcohol 111beverages would be possessed or consumed by minors;
2. The person who organized the event; or
3. If the person responsible for the event is a juvenile, then the parents or guardians
of that juvenile, and the juvenile, shall be considered "persons".
G. "Police service costs" includes the salaries and benefits of the police officers for
the amount of time actually spent in responding to, or in remaining at, the party,
gathering or event at a rate established by resolution of the Town Council; the actual
cost of any medical treatment to injured officers; the cost of repairing any damaged
Town equipment or property; and any other costs and/or expenses of any kind, direct or
indirect, incurred by the Town in connection with a violation of any provision of this
chapter.
H. "Private residence or other private property" means a home, yard, open areas
adjacent thereto, and accessory structures; apartment, condominium, hotel or motel
room; or a hall or meeting room, community center, or any other dwelling unit, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling, or only
for a party or other social function, and whether owned, leased, rented, or used with or
without compensation.
"Public property" shall be mean any property open to the public, including but not
limited to property owned or managed by a local, state, or federal government.
9.19.030 Prohibition of Gatherings Where Minors Use or Consume Illegal
Substances
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' A. No person shall suffer, permit, allow, or host a party, gathering, or event on
public property or at his or her place of residence or private property, place or premises
under his or her control where alcoholic beverages, marijuana, or controlled substances
are in the possession of, or are being used or consumed by, any person under the age
of 21 years. A violation of this section may occur irrespective of whether such person
had actual knowledge of the event, intended that alcohol beverages would be possessed
or consumed by minors, or was present at the event. Notwithstanding the foregoing, a
landlord shall not be in violation of this paragraph unless he or she has knowledge that
the party, gathering, or event is to take place or is taking place.
B. No person(s) who organizes, supervises, officiates, conducts or controls a party
shall permit, allow, or host a party, gathering or event to take place or continue to take
place where any minor is in possession of, or using or consuming, any alcoholic
beverage, marijuana, or controlled substance.
C. Notwithstanding the foregoing, a person shall not be in violation of this section if
he or she: (i) seeks immediate assistance from any law enforcement agency to remove
any person who is possessing, using or consuming alcohol, marijuana or a controlled
substance in violation of this chapter; or (ii) seeks immediate assistance from any law
enforcement agency to terminate the gathering because the person has been unable to
prevent minors from possessing, using or consuming alcohol, marijuana, or a controlled
substance.
D. This section shall not apply to any location or place regulated by the California
Department of Alcoholic Beverage Control.
9.19.040 Recovery of Police Response Costs
A. In addition to any and all other costs, expenses and penalties which may be
assessed or imposed as a result of a violation of this chapter, any person who violates
any provision of this chapter shall be liable and responsible for, and shall be required to
reimburse the Town for, all police service costs and expenses incurred by the Town in
connection with a second response to the same premises within a year of the first
response, and any subsequent response within a year of the second response, due to
the violation. The Town shall notify the person in writing of the imposition of such costs
and expenses, and in so doing shall set forth such costs and expenses.
B. If the person responsible for the event is a juvenile, the parents or guardians of
that juvenile, and the juvenile, shall be jointly and severally liable for the costs incurred
for police services imposed pursuant to this chapter, irrespective of whether the
parent(s) knew of the event or knew or intended that alcohol beverages would be
possessed or consumed by minors.
C. When any violation of this chapter has occurred on real property owned in whole
or in part by the person who has violated this chapter, any and all police service costs,
' expenses and penalties for which that person may be liable, and which remain unpaid
after demand by the Town, shall become a lien on the property on which the violation
has occurred. Such police service costs, expenses and penalties shall be collected in
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the same manner as Town taxes, and thereafter the property upon which they are a lien
shall be sold in the same manner as property now is sold for delinquent taxes.
D. The Town Attorney shall have the authority to file an action or proceeding to
recover such police service costs, expenses and/or penalties, and to take any other
action at law or equity which he or she may deem necessary to recover the same. In any
such action or proceeding, the Town shall be entitled to recover its costs, including, but
not limited to, its attorneys'fees.
9.19.050 Civil Penalties
In addition to any and all other police services, costs, fees, penalties and expenses which may
be assessed or imposed as a result of violation of this chapter, any person who violates any
provision of this chapter shall be liable and responsible for, and shall pay to the Town, a civil
penalty of:
A. $250.00 for a first violation;
B. $500.00 for a second violation within 12 months of the first violation;
C. $1,000.00 for each additional violation within 12 months of the first violation.
The Town shall notify the person in writing of the imposition of such civil penalty. If the person
violating this chapter is a juvenile, the juvenile and his or her parents or guardians shall be
jointly and severally liable for the civil penalties imposed hereunder.
9.19.060 Administrative Citations and Appeals
Administrative citations may be issued for any violations of this chapter, pursuant to Chapter
1.03 of this code. Any person to whom an administrative citation is issued may appeal the
citation by requesting a hearing within 21 days of the date of the citation, pursuant to Section
1.03.070 of this code.
9.19.070 Remedies Cumulative
The remedies provided under this chapter are cumulative, and shall not restrict the Town from
using any other remedy to which it is entitled under law or equity. Nothing in this chapter shall
be deemed to conflict with any penalty or provision of state law, or to prohibit any conduct
authorized by the state or federal constitutions.
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