Chapter 9.25
SOCIAL HOST ORDINANCE
Sections:
9.25.010 Findings and purpose.
9.25.050 Liability for response recovery cost.
9.25.010 Findings and purpose.
The city council finds as follows:
A. The city of Pittsburg, 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.
B. The occurrence of loud or unruly gatherings, or gatherings where persons under the age of 21 are present and where alcoholic beverages are in the possession of, or are being consumed by, any person under the age of 21, is harmful to the community and the underage persons and is a public nuisance.
C. The city of Pittsburg has made numerous and substantial efforts to enforce underage drinking laws. Despite these efforts, alcohol use by youth remains a serious problem in the city, contributing significantly to the incidence of adolescent crime, addiction, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death.
D. Residents have failed to prevent the occurrence of loud or unruly gatherings, including those where alcohol is served to, consumed by or possessed by underage persons, which seriously disrupt neighboring residents’ quiet enjoyment of their property.
E. Control of loud or unruly gatherings and control of gatherings where alcohol is served to a minor is necessary because such activity is determined to be a public nuisance.
F. Persons held responsible for allowing, permitting or hosting loud or unruly gatherings or gatherings where alcohol is served to persons under 21 will be more likely to properly supervise or stop such gatherings.
G. Law enforcement, fire, and other emergency response services personnel have responded, sometimes on multiple occasions, to loud or unruly gatherings or gatherings where alcohol is served to, consumed by, or in the possession of underage persons, on private property, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the city, which are supplemented by the general municipal taxes paid by residents and taxpayers, and such responses result in a delay of responses to regular and emergency calls to the rest of the city.
H. Problems associated with loud or unruly gatherings or gatherings where alcohol is served, consumed by, or in the possession of underage persons are difficult to prevent or deter unless the city has the legal authority to issue an administrative citation or an administrative fine.
I. The intent of this chapter is to protect the public health, peace, safety and quiet enjoyment of residential property, and general welfare.
J. Section 25658 of the Business and Professions Code makes it unlawful for a person under the age of 21 years to purchase or attempt to purchase or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of 21.
K. According to local, state, and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels. A child who begins alcohol use prior to age 15 is four times as likely to experience alcohol dependence than one who refrains from alcohol until age 20 or older.
L. The city council of the city of Pittsburg determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the city of Pittsburg. [Ord. 13-1374 § 2, 2013.]
9.25.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Gathering” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity.
C. “Loud or unruly gathering” means a party or gathering which threatens public health, peace, safety or general welfare because of loud or unruly conduct. 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 or alcoholic beverages;
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 disturbance 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.
A loud or unruly gathering shall constitute a public nuisance.
D. “Response recovery cost” means the costs associated with responses by law enforcement or other emergency response providers to loud or unruly gathering, including but not limited to:
1. Salaries and benefits of law enforcement 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 cost attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering;
3. The cost of repairing any city equipment or property damaged, and the cost of the use of such equipment, in responding to, remaining at or leaving the scene of a loud or unruly gathering. [Ord. 13-1374 § 2, 2013.]
9.25.030 Unlawful gatherings.
A. No person shall suffer, permit, allow, or host a gathering where three or more persons under the age of 21 are present and where alcoholic beverages are in the possession of, or are being consumed by, any person under the age of 21.
B. No person shall suffer, permit, allow or host a loud or unruly gathering.
C. This chapter does not apply to any gathering involving the use of alcoholic beverages that is protected by Article 1, Section 4 of the California Constitution. [Ord. 13-1374 § 2, 2013.]
9.25.040 Enforcement.
A. Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both. At the discretion of the citing officer, violations of this chapter may be cited as infractions, as authorized by Penal Code 19(c).
B. Any person violating this chapter may be subject to an administrative citation for a violation of this chapter. The procedures set forth in Chapter 1.20 PMC shall be followed, and:
1. A first violation of this chapter shall result in an administrative citation with a $500.00 fine.
2. A second or subsequent violation of this chapter within 12 months shall result in an administrative fine of $1,000 for each violation.
C. Violation of this chapter is a public nuisance, and the city may use all available means to enforce this chapter, including but not limited to criminal citations, administrative citations, or injunctions.
D. The provisions of this chapter are in addition to the authority of the police to enforce the California Penal Code. The provisions of this chapter shall supplement, not supplant, the exercise of other available laws, including but not limited to arrest or citation pursuant to the California Penal Code, or other applicable law or ordinance. [Ord. 13-1374 § 2, 2013.]
9.25.050 Liability for response recovery cost.
A. In addition to any fine imposed on the person responsible for the event prohibited by this chapter, the person responsible for the gathering, or responsible for the location of the gathering, will be held liable for the response recovery cost. An itemized list of the cost will be billed to the responsible person.
B. The amount of the response recovery cost may be appealed in compliance with Chapter 1.08 PMC. The request for appeal shall set forth the grounds for the appeal, the action requested and shall be filed within 10 days of receipt of the invoice for response recovery costs.
C. Response recovery costs are a civil debt owed to the city. The city may use all available legal means to obtain the response recovery costs from the responsible party. [Ord. 13-1374 § 2, 2013.]