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Home My WebLink About2011-07-12; City Council; 20627; Ordinance related to cost recovery for servicesCITY OF CARLSBAD - AGENDA BILL 13 AB# 20,627 MTG. 7/12/11 DEPT. CLERK AMENDMENT TO CARLSBAD MUNICIPAL CODE TO REQUIRE COST RECOVERY FOR LAW ENFORCEMENT SERVICES DUE TO CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS DEPT. DIR. TO CITY ATTY. " CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-152. amending Title 8, Chapter 8.45, of the Carlsbad Municipal Code by the addition of Section 8.45.045 to require cost recovery for law enforcement services for responses to disturbances involving minors' consumption of alcoholic beverages or controlled substances at private parties, gatherings, or events. ITEM EXPLANATION: Ordinance No. CS-152 was introduced and first read at the City Council meeting held on June 28, 2011. 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 AB #20,607 on file in the Office of the City Clerk. 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 in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require an environmental review. EXHIBITS: 1. Ordinance No. CS-152. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED O D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 16 20 26 27 Exhibit 1 ORDINANCE NO. CS-152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.45 OF THE CARLSBAD MUNICIPAL CODE ADDING SECTIONS 8.45.045 TO THE CARLSBAD MUNICIPAL CODE RELATING TO COST RECOVERY FOR LAW ENFORCEMENT SERVICES FOR CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR GATHERINGS WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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; and I O WHEREAS, Chapter 8.45 of the Carlsbad Municipal Code currently imposes criminal liability on person(s) responsible for hosting a party, gathering or event where minors are in attendance and are consuming alcoholic beverages or controlled substances; and IO WHEREAS, an additional cost recovery penalty should be available to offset the actual cost of enforcement services provided during a response by law enforcement personnel; and WHEREAS, this cost recovery penalty should be imposed on the person(s) responsible for 18 hosting a party, gathering or event where minors are in attendance and are consuming alcoholic beverages or controlled substances; and 19 NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 8.45 of the Carlsbad Municipal Code is amended by adding a new21 22 section 8.45.045 to read as follows: Chapter 8.45 3 CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES 24 BY MINORS AT PARTIES, EVENTS OR GATHERINGS 25 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 consume alcoholic beverages or controlled substances prohibited. 8.45.040 - Penalties. 8.45.045 - Cost Recovery for Law Enforcement Services 28 Exhibit 1 1 8.45.050 - Severability. 8.45.060 - Reservation of legal options. 2 3 4 5 6 7 8 (c) For the purpose of this section, the following definitions shall apply:9 10 14 15 16 17 25 26 27 28 Section: 8.45.045 Cost Recovery for Law Enforcement Services (a) When any party, gathering or event occurs on private property as described in section 8.45.030 and a police officer at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the law enforcement personnel. (b) The actual cost of the law enforcement services, described in section 8.45.030, shall be deemed a debt owed to the city by the responsible person for the party, gathering or event. (i) "Actual costs" include the salaries of the police officers for the amount of time actually spent in responding to or remaining at the party, gathering or event, at a rate established by the city manager plus the actual cost of any medical treatment to injured city employees and the cost 11 of repairing any damaged city equipment or property. 12 (ii) "Responsible person" is the person or persons who own the property where the party takes place or who are in charge of the premises or who organized the party, gathering or event. If the responsible person is a person under the age of 18, then that person's parents or guardians will jointly and severally be liable for the actual costs. (d) If the police are required to make a response to a party, gathering or event, then the city shall compute the costs of such response. A bill for the costs incurred by the city for its response shall be prepared and delivered to the responsible person who shall be liable for its payment. The amount of the charge shall be deemed a debt to the city of the responsible person who shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees and costs. 18 (e) The city manager is authorized to adopt appropriate procedures for billing and other matters 19 necessary for the administration of this section. 20 (f) Any person aggrieved by any decision of the city manager to bill for costs of a response may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the 21 date of the billing. Failure to file an appeal shall be deemed a waiver of the appellant's right to contest the bill for costs. Upon the filing of such request, the city clerk shall set a time and place 22 for the hearing and shall notify the appellant thereof. At the hearing, any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing, 23 the city council may affirm, reverse or modify the decision and the decision of the city council shall be final. 24 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 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 Exhibit 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 28th day of June, 2011, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12th day of July, 2011, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL City Attorney MATT-HALL, Mayor ATTEST: J/ORRAI^| M. WQo}), CityClerkC