HomeMy WebLinkAboutOrdinance #3972 ORDINANCE NO. 3972
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 8.42
RELATING TO LOUD PARTIES OR OTHER ACTIVITIES
WHEREAS, on February 7, 1994,the City Council adopted Ordinance 3229 to provide
greater options for police officers for resolving loud parties and for the recovery of costs incurred
for multiple police responses to loud party calls through the issuance of administrative citations
as well as Police Service Fees; and
The occurrence of loud or unruly gatherings or events on private property where
alcoholic beverages are served to or consumed by underage persons is harmful to the underage
persons and a threat to public health, quiet enjoyment of private property and to the general
welfare of residents; and
The Centers for Disease Control has determined that the consumption of alcohol by
underage persons is a major public health problem and that alcohol use is the most commonly
accessed and abused drug among youth in the United States; and
The City of Huntington Beach has a history of promoting and fostering a culture of health
and recreation for children and youth; and
The City Council desires to amend the City's existing loud party regulations to hold
liable responsible persons and hosts who provide alcohol beverages to underage persons at
gatherings or events held on private property.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 8.42.005 of the Huntington Beach Municipal Code is hereby
added as follows:
8.42.005 Intent and Purpose. The intent of this chapter is to address inadequate supervision of
parties and other types of events or gatherings of people on private property resulting in loud
and/or unruly behavior that constitutes a threat to the peace, health, safety, and/or general
welfare of the public. This chapter is also intended to address the problem of hosts of such
gatherings who fail to ensure that alcoholic beverages are not served to, possessed by, or
consumed by underage persons. Hosts of parties, gatherings or events will be more likely to
properly supervise or stop the consumption of alcohol by minors if they are held responsible for
enabling or tolerating such conduct.
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Ordinance No. 3972
SECTION 2. Section 8.42.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.42.010 Definitions. The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
(a) Alcohol means ethyl alcohol or hydrated oxide of ethyl from whatever source or by whatever
process produced.
(b) Alcoholic Beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirit, wine, or beer, and which contains one-half of one percent or more
of alcohol by volume and which is fit for beverage purposes either alone or when diluted,
mixed, or combined with other substances.
(c) Host is the person who owns the property where the party, gathering or event takes place; the
person in charge of the premises and/or the person who organized the event. If the host is a
minor, then the parents or guardians of that minor will be jointly and severally liable for the
fee incurred for police services.
(d) Juvenile means any person less than eighteen (18) years of age.
(e) Large party, gathering or event is a group of persons who have assembled or are assembling
for a social occasion or for a social activity.
(f) Parent or legal guardian means a person who is a natural parent, adoptive parent, foster
parent or step-parent of another person, or a person who, under court order, is the guardian of
another person, or a public or private agency with which a minor has been placed by the
court.
(g) Party, gathering or event means a group of persons who have assembled or are assembling at
a residence or other private property, whether such residence or property is owned, leased,
rented or used without compensation.
(h) Police services fee is the cost to the City of any special security assignment. Such fee may
be either a flat fee of$250.00 or an itemized fee based on, but not limited to, salaries of
police officers while responding to or remaining at the party, gathering or event, the pro rata
cost of equipment,the cost of repairing City equipment and property,the cost of any medical
treatment of injured police officers.
(i) Responsible person or host means any of the following:
1. Any person or entity that owns, rents, leases, or otherwise has control of a
residence or other private property, including without limitation a hotel/motel
room or rented or leased area, where a party, gathering or event occurs.
2. Any person or entity present at a party, gathering, or event who provides an
alcoholic beverage to anyone under the age of twenty-one (21) years.
3. Any person or entity present at a party, gathering or event where unruly or loud
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Ordinance No. 3972
conduct occurs and that receives money or other consideration for granting access
to the parry, gathering or event, or hosts, organizes, supervises, officiates,
conducts or controls, or willingly accepts responsibility for such a party, gathering
or event.
(j) Special security assignment is the assignment of police officers, services and equipment
during a second or subsequent response to the parry, gathering or event after the distribution
of a written notice to the host that a fee may be imposed for costs incurred by the City for any
subsequent police response.
(k) Underage person means any person less than twenty-one (21)years of age.
(1) Unruly or loud conduct includes the obstruction of streets by crowds of vehicles,public
drunkenness,public urination, service to,possession of or consumption of alcoholic
beverages by an underage person, assaults, batteries or other disturbances of the peace
including, but not limited to, vandalism, littering or other conduct that constitutes a threat to
public health, safety, or quiet enjoyment of residential property or public property.
SECTION 3. Section 8.42.031 of the Huntington Beach Municipal Code is hereby
added to read as follows:
8.42.031 ]Prohibition on parties, gatherings or events where alcohol is served to, consumed
by or in the possession of an underage person.
It is unlawful and a public nuisance for a responsible person or host to cause or allow a party,
gathering or event to occur at any residence or other private property at which any underage
person is being served, is in possession of, or is consuming an alcoholic beverage, if the
responsible person or host knows or reasonably should know that an underage person is being
served,is in possession of, or is consuming an alcoholic beverage. A responsible person or host
need not have been issued a prior warning in order to be subject to the penalties for violation of
this section. A responsible person or host shall be presumed to have knowledge that an underage
person was being served, was in possession of, or was consuming an alcoholic beverage at
party, gathering or event if the responsible or host did not take all reasonable steps to prevent
such activity from occurring. Reasonable steps include without limitation: controlling the
access to and serving of alcoholic beverages to underage persons, and monitoring the
responsible, safe and lawful conduct of underage persons.
SECTION 4. Section 8.42.032 of the Huntington Beach Municipal Code is hereby
added to read as follows:
8.42.032 Exempted activities. This chapter shall not apply to, nor be construed to apply to, any
of the following:
A. A responsible person or host who takes all reasonable steps, including, but not limited to
requesting assistance of law enforcement, to exclude all uninvited persons at a gathering
who provide, serve or facilitate the possession of consumption of alcohol by an underage
person.
B. Conduct protected under the United States and/or California Constitution, including but
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Ordinance No. 3972
not limited to religious activities protected by Article I, Section 4 of the California
Constitution.
C. Conduct regulated by state and/or federal law or regulation, including but not limited to
the California Alcoholic Beverage Control Act, in such a manner that the City is
preempted or precluded from imposing additional regulation.
SECTION 5. Section 8.42.033 of the Huntington Beach Municipal Code is hereby
added to read as follows:
8.42.033 Violations.
A. For any responsible person or host who is a juvenile, each parent and/or legal guardian of
the juvenile shall be considered a responsible person(s) liable for any fines, penalties and
fees imposed pursuant to this chapter.
B. Each separate violation of section 8.42.031 shall be subject to the issuance of a Civil
Citation to each responsible person and host. Each separate violation shall, in addition to
any police services fee that may be assessed pursuant to this chapter, be subject to the
following administrative fines:
1. For a first violation, an administrative fine shall not exceed seven hundred fifty
dollars ($750).
2. For a second violation within a 12-month period, an administrative fine shall not
exceed one thousand five hundred dollars ($1,500).
3. For a third violation, or any subsequent violation thereafter, within a 12-month
period, an administrative fine shall not exceed three thousand dollars ($3,000).
SECTION 6. Section 8.42.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.42.040 Cost; Collection. The Chief of Police shall notify the City Treasurer in writing of the
performance of a special security assignment and/or administrative fees imposed pursuant to this
chapter, of the name and address of the responsible person or persons,the date and time of the
incident, the services performed, the costs thereof and such other information as may be
required. The City Treasurer shall thereafter cause appropriate billings to be made.
SECTION 7. Section 8.42.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.42.050 Administrative Appeal. An administrative appeal of a police service fee and/or
administrative fines imposed pursuant to this Chapter may be made to the Chief of Police or his
designee within ten(10) business days from the date of mailing of the billing. The request for a
hearing shall be in writing and addressed to the Chief of Police and shall include a copy of the
billing and grounds for the appeal.
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Ordinance No. 3972
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of March , 2013.
0
Mayor
ATTEST:
(4ZV+ED AS TO FO 71-�V
City Clerk '
A torney
REVIEW D APPROVED:
IN ED D APPROVE :
if,, Manager
G Ci Attorney
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Ord. No. 3972
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on February 19,2013, and was again read to said City Council at a
Regular meeting thereof held on March 4,2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Boardman, Carchio, Shaw
NOES: Hardy, Harper
ABSENT: Katapodis
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 14,2013.
In accordance with the City Charter of said City
Joan L. Flynn,Ci Clerk Ci Clerk and ex-officio erk
senior Deputy cites of the City Council of the City
of Huntington Beach, California