HomeMy WebLinkAboutMINUTES - 02261991 - S.1 TQ- BOARD OF SUPERVISORS
FROM : Contra
Supervisor Robert I . Schroder
District Three Costa
DATE: � ��ll�/
February 26, 1991 �I ��
SUBJECT:
CONSIDERATION OF AN ORDINANCE ENTITLED "JUVENILE ALCOHOL
OFFENSES AND POLICE SERVICES AT GATHERINGS ON PRIVATE ,PROPERTY"
SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Refer attached model ordinance to County Counsel and Sheriff ' s
Department for review.
BACKGROUND:
Ordinances of this type have been adopted by several cities in
California, the most recent being Los Altos. It is the intent that
each of the eighteen cities in Contra Costa County adopt this model
ordinance and that the Board of Supervisors adopt this model
ordinance for enforcement throughout the unincorporated area of
Contra Costa County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 26, 1991 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT II, IV ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES'. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED 076, 19 QI
Sheriff PHIL BATCHELOR. CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Q
M382: 7-83 BY &"" _.DEPUTY
1 ORDINANCE NO. 91-3
2 AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
ARTICLE III, BY THE ADDITION OF A NEW
3 CHAPTER 1(3) , ENTITLED "JUVENILE ALCOHOL
OFFENSES AND POLICE SERVICES AT GATHERINGS
4 ON PRIVATE PROPERTY."
5 THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS j
6 FOLLOWS:
7 Section 1. Concord Municipal Code, Article III "Public _
8 Safety" is amended by the addition of a new Chapter 1(3)
9 entitled "Juvenile Alcohol Offenses and Police Services at
10 Gatherings on Private Property" with new §§3130 through 3134 to
11 read as follows:
12 3130. Findings and Purpose.. The City Council
13 hereby finds that unsupervised parties on private
14 property where alcohol is consumed by juveniles have
= 15 —_- - been a nuisance in Concord for several years.
16 Problems associated with such juvenile gatherings are
17 difficult to resolve. unless the Police Department has
18 the legal authority to enter the private premises and
19 direct the. host to disperse the crowd. Police ability
20 to abate juvenile alcohol gatherings on private
21 property will result in a decrease in juvenile abuse
22 of intoxicants, physical fights, neighborhood
J3 vandalism and noise disturbance. City Council further
24 finds and declares that the control of large parties,
25 gatherings or events on private property is necessary
26 when such activity is determined to be a threat to the
27 peace, health, safety or general welfare of the
28 public. Frequently police officers have been required
1
1 to make return calls to the location of a party,
2 gathering or event in order to disperse uncooperative
3 participants, causing a drain of manpower and
4 resources sometimes leaving other areas of the City
5 with inadequate police protection.
6 3131. Definitions.• For the purposes of this
7 chapter, the following definitions shall apply:
8 (a) Party, Gathering or
9 Event. A group of persons who have
10 assembled or are assembling for a social
11 occasion or for a social activity.
12 (b) Police services. Police services
13 include the salaries of the police officers
14 for the amount of time actually spent in
-- =-15 responding to or in remaining at the party,
16 gathering or event at a rate established by
17 Resolution of the City Council, the actual
18 cost of any medical treatment to injured
19 officers, and the cost of repairing any
20 damaged City equipment or .property.
21 (c) Person Responsible for the Event.
22 The person who owns, rents, leases or
23 otherwise has control of the premises where
24 the party, gathering or event takes place,
25 the person in charge of the premises and/or
26 the person who organized the event. If the
27 person responsible for the event is a minor,
28 then the parents or guardians of that minor
2
1 will be jointly and severally liable for the
2 costs incurred for police services pursuant
3 to this chapter.
4 3132. . Unlawful Juvenile Gatherings on Private
5 Property. No person shall suffer, permit, allow or
6 host a party, gathering or event at his or her place
7 of residence or other private property, place or
8 premises under his or her control where five (5) or
9 more persons under the age twenty-one (21) are present
10 and alcoholic beverages are in the possession of, or
11 are being consumed by any person under the age of
12 twenty-one (21) years. A violation of this section
13. shall constitute a misdemeanor punishable by a fine of
14 not more than One Thousand Dollars ($1, 000) or by
15 --- imprisonment for a period not to exceed six (6)
16 months, or by both such fine and imprisonment.
17 3133. Police Services at Parties.. Gatherings or
18 Events Requiring a Second Response. When a party,
19 gathering or event occurs "on private property and a
20 police . officer at the scene determines that there is a
21 threat to the public peace, health, safety or general
22 welfare, the person(s). responsible for the event will
23 be held liable for the cost of providing police
24 services during a second response by the police, after
25 a first warning to the person(s) responsible for the
26 event to control the threat to the public peace,
27 health, safety or general welfare. The return or
28 second response may also result in the arrest and/or
3
1 citation of violators of the State Penal Code, or
2 other provisions of the Municipal Code.
3 3134. Police Services Fee. The police services
4 fee shall include the cost of personnel and equipment
5 but shall not exceed Five Hundred Dollars ($500) for a
6 single incident, provided however that the City does
7 not hereby waive its right to seek reimbursement for
8 actual costs exceeding Five Hundred Dollars ($500)
9 through other legal remedies. The amount of such fees
10 shall be deemed a debt to the City of the person
11 responsible for the event and, if minors, their
12 parents or guardians. Any person owing such fees
13 shall be liable in an action brought in the name of
14 the City for recovery of such fees, including
—15 -- - reasonable attorney fees.
16 3134. Severability. If any portion of this
17 Ordinance is for any reason held to be invalid or
18 unconstitutional by the decision of any court of
19 competent jurisdiction, such decision shall not affect
20 the validity of the remaining portions of this
21 Ordinance. The City Council hereby declares that it
22 would have adopted this Ordinance irrespective of the .
23 fact that any one or more sections, subsections,
24 sentences, clauses, phrases or portions thereof may be
25 declared invalid or unconstitutional.
26 Section 2. This Ordinance shall become effective thirty
27 (30) days following its. passage and adoption. In the event a
28 Summary of said Ordinance is published in lieu of the entire
.4
1 Ordinance, a certified copy of the full text of this Ordinance
2 shall be posted in the office of the City Clerk five (5) days
3 prior to its adoption and within fifteen (15) days after its
4 adoption, including the vote of the Councilmembers.
5 Additionally, a Summary prepared by the City Attorney's Office
6 shall be published once five (5) days prior to the date of
7 adoption of this Ordinance and once within fifteen (15) days
8 after its passage and adoption, including the vote of the
9 Councilmembers, in the Contra Costa Times, a newspaper of
10 general circulation in the City of Concord.
11
ATTEST: Mayor
12
13 City Clerk
14 (Seal)
_15 __. - This Ordinance was duly and regularly introduced at a
16 regular meeting of the City Council held on January 22, 1991?
17 and was thereafter duly and regularly passed and adopted at a
18 regular meeting of the City Council held on 1991,
19 by the following vote:
20 AYES: Councilmembers-.
21 NOES: Councilmembers-
22 ABSENT: Councilmembers-
23 ABSTAIN: Councilmembers-
24 I HEREBY CERTIFY that the foregoing is a true and correct
25 copy of an ordinance duly and regularly introduced, . passed, and
26 adopted by the' City Council of the City of Concord, California.
27
City Clerk
28 91-3.ORD:LRW/mam/cas (1/10/91)
5
ENFORCEMENT GUIDELINES
JUVENILE ALCOHOL PARTY ORDINANCE
1 . ORDINANCE ELEMENTS:
a. Host, permit, or allow
b. Party, gathering or event on private premises
c. Five (5) or more persons under the age of 21 ... and
d. _ Any person under the age of 21 , .possessing or consuming alcohol
2. RESPONSE OBJECTIVES:
a. Extent of neighborhood disturbance
b. Identification of person acting as willing host
• juvenile or adult
• parents present
• extent of unwanted guests
c. Confirm minimum of five (5) persons under 21
d. Identification of at least one person:under 21 , possessing or consuming
alcohol
e. confiscate alcohol - restore order
3. ENFORCEMENT OBJECTIVES:
a. Solicit cooperation from host
b. Assist host in restoring order, excluding unwanted guests
C. Explain ordinance to encourage voluntary compliance
d. Formal enforcement action only if voluntary compliance is not obtained or
history of prior violations
4. DISPOSITION: (When voluntary compliance is refused or multiple offenses
occur)
a. Adults
• discretion i.e. citation release or arrest and bail, diversion
b. Juveniles
• arrest or follow-up contact
• referral to Youth Services - Diversion Program, Drug/Alcohol Workshop,.
Substance Abuse Assessment interview (New Connections)
C. Cost recovery instituted if formal action necessary against host