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Home My WebLink About2009-09-22; City Council; 19968; Amending the CMC regarding minorsCITY OF CARLSBAD - AGENDA BILL JL AB# 19.968 MTG. 09/22/09 DEPT. Clerk AMPKiniMCKIT f\C PA PI CRAH Ml IMIflDAI ferineAMtlMUIVItIM 1 Ur LrAKLoDAU MUlMIOIrAL \f\JUC ADDITION OF CHAPTER 8.45 DEPT. HEAD *P> CITY ATTY. U CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-053, amending Title 8, of the Carlsbad Municipal Code by the addition of Chapter 8.45, to deter the consumption of alcoholic beverages and controlled substances by minors at parties, gatherings and events, and to establish criminal liability for those hosting the events. ITEM EXPLANATION: Ordinance No. CS-053 was introduced and first read at the City Council meeting held on September 15, 2009. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,956 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-053. DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808, karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED )& DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D 1 2 4 WHEREAS, the Carlsbad City Council concurs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 WHEREAS, occasionally persons responsible for the private property, host parties, gatherings, or events who provide alcoholic beverages and/or controlled substances or I W 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 OF CARLSBAD, CALIFORNIA, ADDING CHAPTER 8.45 TO THE CARLSBAD MUNICIPAL CODE 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 frequently require the use of extensive resources. When safety service personnel respond 23 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 £\ 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; 8 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as 9 follows: 10 SECTION 1: That Chapter 8.45 is added to the Carlsbad Municipal Code to read as 11 follows: 12 13 15 19 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 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 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 1 2 3 4 (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 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, controlled 12 13 16 17 18 19 20 21 22 23 28 EXHIBIT 1 (f) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the subject minor. (g) "Party, gathering or event" means a group of persons who have assembled or are assembling for a party, social occasion or social activity. (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. 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. (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 " 25 8.45.040 Penalties. 27 (a) Except as otherwise provided in subsection (b) of this section, any person violating any 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 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 16 17 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 charge to an infraction, include but are not limited to, the following: (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 ri enforcement services through other legal remedies or procedures. The procedure 14 The City of Carlsbad does not waive its right to seek reimbursement for actual costs of 15 provided for in this chapter is in addition to any other statute, ordinance or law, civil or 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 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of September, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of September, 2009 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ROKIAlDR. BALL, City Attorney LORRAINE (SEAL)