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HomeMy WebLinkAbout2009-09-15; City Council; 19956; Adding chapter 8/45 to the CMCCITY OF CARLSBAD - AGENDA BILL AB# 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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D FISCAL IMPACT: No direct fiscal impact is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. 1 2 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 7 parties, gatherings and events; and 8 WHEREAS, the City of Carlsbad frequently receives complaints from neighbors 9 concerning parties, gatherings or events at private property where minors are reported to 10 be consuming alcoholic beverages or controlled substances; and 11 WHEREAS, occasionally persons responsible for the private property, host parties, gatherings, or events who provide alcoholic beverages and/or controlled substances or 1 O make no reasonable effort to prevent the consumption of alcoholic beverages or controlled14 15 16 17 18 19 20 21 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 03 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 26 in control of private property who knowingly hosts, permits, or allows a party, gathering or 27 event where minors are present and an alcoholic beverage and/or controlled substance is 28 being consumed by minors, where the person in control of the private property knows or 1 2 3 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 7 8 9 10 11 12 13 15 20 22 23 24 25 26 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 14 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. 18 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. 28 EXHIBIT 1 1 (f) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the subject minor. 2 (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. 3 4 6 7 8 8.45.020 Unsupervised consumption of alcohol by minor. 9 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 11 (b) Consume in any place not open to the public any alcoholic beverage, controlled12 13 16 17 18 19 20 21 22 23 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. 15 14 (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. 27 (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. 1 2 3 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. 6 7 8 9 10 11 12 13 17 28 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; 19 and the city clerk shall certify the adoption of this ordinance and cause it to be published at 20 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days 21 after its adoption. 22 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council 23 on the 15tb day of September 2009, and thereafter24 25 26 '" 27 HI III \J 1 2 3 4 NOES: 5 ABSENT: 6 APPROVED AS TO FORM AND LEGALITY: 7 8 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 10 11 ATTEST: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 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 4 Social Host Ordinance 5 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 6 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 7 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 8 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. 9 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 10 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.