Chapter 9.08
OFFENSES BY OR AGAINST MINORS
Sections:
9.08.010 Findings and purpose.
9.08.020 Definitions.
9.08.030 Unlawful gathering on private property when alcohol is served to minors.
9.08.040 Recovery of police response costs.
9.08.050 Appeal of imposition of costs and expenses.
9.08.060 Recovery of costs and expenses—Liens.
9.08.070 Violation an infraction.
9.08.080 Remedies cumulative—Actions—Relationship to other laws.
9.08.010 Findings and purpose.
A. The city council finds that parties on private property where alcohol is consumed by minors are not only unlawful but often a cause for disturbance.
B. Problems associated with such gatherings are difficult to resolve unless the police department has the legal authority to enter the private premises and direct the host to disperse guests.
C. Police ability to abate gatherings where alcohol is served to 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.
D. Abatement of gatherings where alcohol is served to minors on private property is necessary when such activity is determined to be a threat to the peace, health, safety or general welfare of the public.
E. Accordingly, the city council finds and declares that purposes of this chapter are:
1. To protect public health, safety and general welfare;
2. To assist in the enforcement of laws prohibiting the consumption of alcohol by minors;
3. To recover costs of abatement and providing police services to parties, gatherings, or events. (Ord. 02-3 § 18 (part); prior code § 11.9.010)
9.08.020 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:
“Juvenile” means any person under the age of eighteen (18) years.
“Minor” means any person under the age of twenty one (21) years.
“Party, gathering or event” means a group of five or more persons who have assembled or are assembling for a social occasion or social activity.
“Person responsible for the event” includes, but is not limited to:
1. The person who owns, rents, leases, and/or otherwise has possession or control of the premises where the party, gathering, or event takes place;
2. The person in charge of the premises; or
3. The person who organized the event.
If the 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 police services pursuant to this chapter.
“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 city council; the actual cost of any medical treatment to injured officers; the cost of repairing any damaged city equipment or property; and any other costs and expenses of any kind, direct or indirect, incurred by the city in connection with a violation of any provision of this chapter. (Ord. 02-3 § 18 (part); prior code § 11.9.020)
9.08.030 Unlawful gathering on private property when alcohol is served to minors.
No person shall suffer, permit, allow, or host a party, gathering, or event at his or her place of residence or other public or private property, place or premises under his or her control where alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one (21) years. (Ord. 02-3 § 18 (part); prior code § 11.9.030)
9.08.040 Recovery of police response costs.
In addition to any and all other costs, expenses and fines 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 city for, all police service costs and expenses incurred by the city in connection with the violation. The city shall notify the person in writing of the imposition of such costs and expenses with reasonable specificity. (Ord. 02-3 § 18 (part); prior code § 11.9.040)
9.08.050 Appeal of imposition of costs and expenses.
A. Any person upon whom police service costs and expenses have been imposed under this chapter may appeal the imposition and amount of the police service costs expenses to the city council pursuant to the requirements and procedures of this section.
B. Any such appeal shall be in writing and shall specify each factual and legal basis for the appeal. The appeal shall be filed with the city clerk within ten (10) days of the date of mailing of the notice of the police service costs and expenses. Any appeal which fails to satisfy any requirement under this section shall not be considered by the city council and shall be forever barred. Any person who fails to appear at the city council meeting without adequate excuse to the city clerk shall forfeit the right to appeal.
C. The city clerk shall schedule the appeal for the earliest convenient and practicable city council meeting for consideration by the city council. The city council, in resolving such appeal, may, in its discretion, reduce or excuse the police service costs and expenses based on any of the following factors:
1. The nature, circumstances, extent and gravity of the violation;
2. The extent to which the violation was wilful and/or intentional;
3. Whether and to what extent the violation has recurred; and
4. Whether and to what extent the person promptly has reimbursed the city for its costs and expenses incurred in connection with the violation. (Ord. 02-3 § 18 (part); prior code § 11.9.050)
9.08.060 Recovery of costs and expenses—Liens.
A. 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 and expenses for which that person may be liable, and which remain unpaid after demand by the city, shall become a lien on the property on which the violation has occurred. Such police service costs and expenses shall be collected in the same manner as city taxes, and thereafter the property upon which they are a lien shall be sold in the same manner property now is sold for delinquent taxes.
B. The city attorney shall have the authority to file an action or proceeding to recover such police service costs and expenses 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 city shall be entitled to recover its costs and attorney fees. (Ord. 02-3 § 18 (part); prior code § 11.9.060)
9.08.070 Violation an infraction.
In addition to any other police service costs and expenses imposed by this chapter, or any other provision of law, any violation of this section shall constitute an infraction punishable by:
A. A fine not exceeding one hundred dollars ($100.00) for a first violation;
B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year;
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 02-3 § 18 (part); prior code § 11.9.070)
9.08.080 Remedies cumulative—Actions—Relationship to other laws.
The remedies provided under this chapter are cumulative and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution. (Ord. 02-3 § 18 (part); prior code § 11.9.080)