HomeMy WebLinkAbout2009-09-15; City Council; 19956; Adding chapter 8/45 to the CMCCITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
19.956
09/15/09
POL
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
ADDING CHAPTER 8.45 TO THE CARLSBAD
MUNICIPAL CODE
DEPT. HEAD
CITYATTY.
CITYMGR.
RECOMMENDED ACTION:
Introduce Ordinance No. _
California, adding Chapter
CS-053 of the City Council of the City Of Carlsbad,
the Carlsbad Municipal Code relating to the8.45 to
consumption of alcoholic beverages, controlled substances, or alcoholic beverages and
controlled substances by minors at parties, gatherings or events and to impose criminal
liability on person(s) responsible for hosting a party, gathering or event where minors are
in attendance and consuming alcoholic beverages or controlled substances.
ITEM EXPLANATION:
Consumption of alcoholic beverages or controlled substances by minors presents a
myriad of problems for the minor, the community, and law enforcement, including physical
altercations, violent crimes, accidental injury and death. Minors often obtain, possess, or
consume alcoholic beverages or controlled substances at parties, gatherings or events
held on private property and under the control of an adult person who knows or should
have known that such conduct was taking place and failed to take reasonable steps to
prevent it.
Law enforcement responses to disturbances involving minors' consumption of alcoholic
beverages or controlled substances at private parties, gatherings, or events frequently
require the use of extensive resources. Further, when law enforcement personnel
respond to disturbances at private parties it limits their ability to respond to other service
calls in the community, thereby placing the community at increased risk.
The prohibitions found in this chapter are reasonable and expected to deter the
consumption of alcoholic beverages and/or controlled substances by minors by holding
responsible persons who encourage, are aware of, or should be aware of, the illegal
conduct yet fail to prevent it.
DEPARTMENT CONTACT: Neil Gallucci 760-931 -2218 neil.gallucci@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
*D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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FISCAL IMPACT:
No direct fiscal impact is anticipated as the result of this action. However, the City
Attorney's Office and the Police Department may experience an increase in court
activities if adjudication becomes necessary.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738,
this action does not constitute a "project" within the meaning of CEQA and therefore, does
not require additional environmental review.
EXHIBITS:
1. Ordinance No. CS-053 , of the City Council of the City Of Carlsbad,
California, adding Chapter 8.45 of the Carlsbad Municipal Code relating to the consumption
of alcoholic beverages, controlled substances, or alcoholic beverages and controlled
substances by minors at parties, gatherings and/or events and to impose criminal liability on
person(s) responsible for hosting a party, gathering or event where minors are in attendance
and consuming alcoholic beverages or controlled substances.
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OF CARLSBAD, CALIFORNIA, ADDING CHAPTER 8.45 TO THE
3 CARLSBAD MUNICIPAL CODE
4 WHEREAS, the Carlsbad City Council concurs that it is necessary to add chapter
5 8.45 to the Carlsbad Municipal Code regulating the consumption of alcoholic beverages,
6 controlled substances, or alcoholic beverages and controlled substances by minors at
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parties, gatherings and events; and
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WHEREAS, the City of Carlsbad frequently receives complaints from neighbors
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concerning parties, gatherings or events at private property where minors are reported to
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be consuming alcoholic beverages or controlled substances; and
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WHEREAS, occasionally persons responsible for the private property, host parties,
gatherings, or events who provide alcoholic beverages and/or controlled substances or
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make no reasonable effort to prevent the consumption of alcoholic beverages or controlled14
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EXHIBIT 1
ORDINANCE NO. CS-053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
substances by minor(s) when they were aware or should have been aware that minor(s)
were consuming alcoholic beverages and/or controlled substances; and
WHEREAS, when minor(s) consume alcoholic beverages and/or controlled
substances they increase the likelihood they will be injured or killed in an accident, and
present an increased threat to public health, safety and the general welfare; and
WHEREAS, safety services response to disturbances involving minors'
consumption of alcoholic beverages and/or controlled substances at private parties
22 frequently require the use of extensive resources. When safety service personnel respond
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to disturbances at private parties it limits their ability to respond to other service calls in the
24 community, thereby placing the community at increased risk; and
25 WHEREAS, it is the intent that the liability under this chapter applies to any person
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in control of private property who knowingly hosts, permits, or allows a party, gathering or
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event where minors are present and an alcoholic beverage and/or controlled substance is
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being consumed by minors, where the person in control of the private property knows or
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4 person having control of any residence or other private property, place, or premise,
including any commercial premise, who knowingly hosts, permits, or allows a party
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EXHIBIT 1
reasonably should know that a minor has consumed an alcoholic beverage or controlled
substance; and
WHEREAS, it is further the intent under this chapter to impose a duty on any
gathering, or event, to take all reasonable steps to prevent the consumption of alcoholic
beverages or controlled substance by minors at the party, gathering or event;
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Chapter 8.45 is added to the Carlsbad Municipal Code to read as
follows:
Chapter 8.45 CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY
MINORS AT PARTIES, EVENTS OR GATHERINGS
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8.45.010 Definitions.
8.45.020 Unsupervised consumption of alcohol by minor.
8.45.030 Hosting, permitting, or allowing a party, gathering or event where minors
16 consume alcoholic beverages or controlled substances prohibited.
8.45.040 Penalties.
1' 8.45.050 Severability.
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19 8.45.010 Definitions.
(a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
21 (b) "Alcoholic beverages," for the purposes of this chapter, 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
consumption either alone or when diluted, mixed or combined with other substances.
(c) "Controlled substances or illegal drugs" shall include all narcotics or drugs, the
possession of which is illegal under the laws of the State of California as defined under
the Penal Code, Health and Safety Code, and related statutes.
(d) "Guardian" means (1) a person who, under court order, is the guardian of the subject
juvenile, or (2) a public or private agency with which the court has placed the subject27
(e) "Minor" means any person under the age of twenty-one (21).
juvenile.
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EXHIBIT 1
1 (f) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the
subject minor.
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(g) "Party, gathering or event" means a group of persons who have assembled or are
assembling for a party, social occasion or social activity.
(h) "Person responsible for the party, gathering or event" includes, but not limited to: (1)
The person(s) who owns, rents, leases, or otherwise has control of the premises where
the party, gathering or event takes place; (2) the person(s) in charge of the premises; or
(3) the person(s) who organized the event.
(i) "Premises" means any residence or other private property, place, or premises including
any commercial or business premises.
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8.45.020 Unsupervised consumption of alcohol by minor.
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Except as permitted by state law, no minor shall:
10 (a) Consume in any public place or any place open to the public any alcoholic
beverage, controlled substance or alcoholic beverage and controlled substance; or
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(b) Consume in any place not open to the public any alcoholic beverage, controlled12
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substance or alcoholic beverage and controlled substance.
8.45.030 Hosting, permitting, or allowing a party, gathering or event where minors
consume alcoholic beverages or controlled substances prohibited.
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(a) It is unlawful for any person having control of any premises to knowingly suffer, permit,
allow, or host a party, gathering, or event at said premises where three (3) or more
persons are present whenever the person having control of the premises either knows a
minor consumed an alcoholic beverage and/or a controlled substance or reasonably
should have known that a minor consumed an alcoholic beverage and/or controlled
substance. For purposes of this subsection, a person reasonably should have known that
a minor consumed alcoholic beverage and/or a controlled substance if that person did not
take reasonable steps to prevent the consumption of an alcoholic beverage and/or
controlled substance by a minor as set forth in subsection (b) of this section. This section
shall not apply to conduct involving the use of alcohol which occurs exclusively between a
minor child and his or her parent or legal guardian, as permitted by Article 1, Section 4 of
the California Constitution, or conduct which is otherwise permitted under state or federal
law.
(b) Reasonable steps include controlling access to alcoholic beverages at the party,
gathering or event when minors are present; controlling the quantity of alcoholic
beverages at the party, gathering or event when minors are present; verifying the age of
persons attending the party, gathering or event by inspecting driver's licenses or other
government-issued identification cards to ensure that minors do not consume alcoholic
beverages and/or controlled substances while at the party, gathering or event; and
supervising the activities of minors at the party, gathering or event.
26 8.45.040 Penalties.
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(a) Except as otherwise provided in subsection (b) of this section, any person violating any
28 provision of this chapter is guilty of a misdemeanor punishable by a fine of one thousand
dollars ($1,000) or by imprisonment for a period of not to exceed six (6) months, or by
both fine and imprisonment.
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charge to an infraction, include but are not limited to, the following:
4 (i) The number of persons attending the party, gathering or event,
(ii) The number of minors attending the party, gathering or event,
(iii) The source of the alcoholic beverages or controlled substances.
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EXHIBIT 1
(b) Notwithstanding any provision to the contrary, the City Attorney shall have the
discretion to reduce to an infraction any act made unlawful pursuant to subsection (a) to
this section, if the City Attorney determines such a reduction is warranted in the interest of
justice. The factors the City Attorney may consider in determining whether to reduce the
(c) Penalties for a violation of this chapter shall supersede the penalties set forth in
Section 1.08.010 of this Code.
8.45.050 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this
chapter is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance codified in this chapter. The City Council declares that it would
have passed the ordinance codified in this chapter and each section, subsection,
sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the
sections, subsections, sentences, clauses or phrases hereof be declared invalid or
unconstitutional.
8.45.060 Reservation of legal options.
The City of Carlsbad does not waive its right to seek reimbursement for actual costs of
enforcement 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
16 criminal. This chapter in no way limits the statutory authority of peace officers or private
citizens to make arrests for any criminal offense arising out of conduct regulated by this
chapter.
18 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
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and the city clerk shall certify the adoption of this ordinance and cause it to be published at
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least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
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after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
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on the 15tb day of September 2009, and thereafter24
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III
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4 NOES:
5 ABSENT:
6 APPROVED AS TO FORM AND LEGALITY:
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EXHIBIT 1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2009, by the following vote, to wit:
AYES:
9 RONALD R. BALL, City Attorney
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ATTEST:
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CLAUDE A. LEWIS, Mayor
LORRAINE M. WOOD, City Clerk
(Seal)
Social Host Ordinance
Reasons for a Social Host Ordinance:
Increasing incidents involving minors
Increasing experimentation
Potential for drunk driving
Higher degree of truancy
The Juvenile Justice Panel estimates
more than one third of cases involve
drinking alcoholic beverages
Social Host Ordinance
A law enforcement tool
Will add penalties for knowingly allowing
consumption by minors (Under 21 years)
Puts responsibility on adults to take steps to
prevent access to alcoholic beverages by
minors
The Police Department recommends adopting
Carlsbad Municipal Ordinance CS-053
North Coastal Prevention Coalition
CADCA’s Got Outcomes! Coalition of Excellence 2008
The mission of the North Coastal Prevention Coalition is to reduce the harm of alcohol, tobacco, marijuana and other drugs in the cities of Carlsbad, Oceanside and Vista through community action, education, support and collaboration.
Aaron Byzak, President
September 15, 2009
2
Student Survey Data
Percent of Tri-City Students who Reported Using Substances in
the Past 30 Days by Substance Type and Grade Level, Year 2005
Cigarettes
Cigarettes
Cigarettes
Alcohol
Alcohol
Alcohol
Marijuana
Marijuana
Marijuana
0 10 20 30 40 50
7th Grade
9th Grade
11th Grade
Percent
Percent of Tri-City Students who Reported Using Substances in
the Past 30 Days by Substance Type and Grade Level, Year 2005
Cigarettes
Cigarettes
Cigarettes
Alcohol
Alcohol
Alcohol
Marijuana
Marijuana
Marijuana
0 10 20 30 40 50
7th Grade
9th Grade
11th Grade
Percent
Percent of Tri-City Students who Reported Using Substances in
the Past 30 Days by Substance Type and Grade Level, Year 2005
Cigarettes
Cigarettes
Cigarettes
Alcohol
Alcohol
Alcohol
Marijuana
Marijuana
Marijuana
0 10 20 30 40 50
7th Grade
9th Grade
11th Grade
Percent
2005 California Healthy Kids Survey (CHKS), combined for Carlsbad
Unified, Oceanside Unified and Vista Unified School Districts
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CHS Key Club Survey
Key Club Members surveyed 238 peers last
fall 2008:
•94% have friends under 21 who drink
•Nearly half report drinking themselves
•76% agree that most underage drinking
happens at house parties
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Social Host Ordinance
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Figure 2. Oceanside and Vista Law Enforcement Training Survey:
Attitudes Toward Underage Drinking and Adults Furnishing to Youth
62.5%
84.5%
49.1%
84.8%87.9%
63.7%
0%
20%
40%
60%
80%
100%
Underage drinking is a
problem
Most underage drinking
occurs at private parties
Adults furnishing alcohol
to youth at private
parties is a problem in
my patrol areaPercent of Officers Who Agree or Strongly AgreeOceanside
Vista
Law enforcement agrees: Most underage
drinking occurs at home parties
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Figure 3. Law Enforcement Training Survey: Underage Drinking is a
Problem and Most Underage Drinking Occurs at Private Parties
87.9%
3.6%
54.6%
15.2%
0%
20%
40%
60%
80%
100%
The SHO is an effective tool for
reducing underage drinking at
private parties
The penalty of a $1,000 fine
and/or up to six months in jail is too
severePercent of Officers Who Agree or Strongly AgreeOceanside
Vista
Law Enforcement Support for
Social Host Ordinance
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Figure 1. Number of Social Host Ordinance (SHO) Citations Since 2007
in Oceanside and Vista, CA
11
18
4
0
8
6
0
5
10
15
20
July - Dec 2007 Jan - Dec 2008 Jan - June 2009*Number of SHO CitationsOceanside
Vista
Use of SHO Increased
Following Training
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Long Term Outcomes: Underage Drinking
Current Alcohol Use (Last 30 Days) by 11th
Graders
0
10
20
30
40
50
60
70
80
90
100
1999 2001 2003 2005 2007percent Carlsbad
Oceanside
Vista
Current alcohol use
declined from 46% in
2001 to 34% in
Oceanside and Vista
in 2007.
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Recommendations from Oceanside and
Vista Law Enforcement
•Increase education for youth and parents
•Increase media coverage of SHO
violations
•Continue public awareness, such as
billboards
•Help identify resources to support special
enforcement teams
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Acknowledgements
The Vista Community Clinic serves as the fiscal agent for NCPC’s grants and contracts. Funded in part by the County of San Diego, HHSA, Alcohol and Drug Services; and by the STOP Act managed by CSAP.
For more information, please contact:
Erica Leary, Program Manager
c/o Vista Community Clinic
1000 Vale Terrace
Vista, CA 92084
760-407-1220 x7150
eleary@vistacommunityclinic.org
North Coastal Prevention YOUTH Coalition
members 2008/09.