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Home My WebLink About835 - OrdinancesORDINANCE NO. 835 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.33 OF TITLE 9 TO THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROVIDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS WHEREAS, the City of Rancho Cucamonga ("City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; and WHEREAS, residents of the City have complained to the Rancho Cucamonga Police Department ("Police Department") about behavior at parties, social gatherings, or events ("Parties") that have been the subject of multiple police calls; and WHEREAS, the City Council of the City ("Council") finds that Parties on private property where alcoholic beverages, marijuana and other controlled substances are served to or consumed by minors, are harmful to the minors themselves and are a threat to the public health, safety, and welfare and to the quiet enjoyment of property by the City's residents; and WHEREAS, minors may obtain alcoholic beverages, marijuana and other controlled substances at Parties held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages, marijuana and other controlled substances by minors; and WHEREAS, persons responsible for the occurrence of such Parties often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana and other controlled substances by minors at these Parties; and WHEREAS, control of Parties on private property where alcoholic beverages, marijuana and other controlled substances are consumed by minors or at which unruly or illegal behavior occurs is necessary when such activity is determined to be a threat to the health, safety, or general welfare of the public; and WHEREAS, problems associated with Parties where alcoholic beverages, marijuana and other controlled substances are consumed by minors or which produce nuisances are difficult to prevent and deter unless the City, through its Police Department, has the legal authority to arrest or otherwise penalize offenders and direct the host to disperse the Party; and WHEREAS, the Police Department's ability to abate such Parties will likely result in a decrease in abuse of alcohol, marijuana and other controlled substances by minors, physical altercations and injuries, neighborhood vandalism, and excessive noise disturbances, thereby improving public safety, health and welfare; and WHEREAS, it is the intent of the Council to impose a duty on any person having control of any residence or other private property, place, or premises who hosts, permits, or allows a Party or is aware or should reasonably be aware of a Party at such premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substances by any minor at the Party. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.33 of Title 9 of the Rancho Cucamonga Municipal Code is hereby added to state the following: "Chapter 9.33 -ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS 9.33.010 -Purpose. 9.33.020 -Definitions. 9.33.030 - Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. 9.33.010 -Purpose. The purpose of this Chapter is to protect the public health, safety and general welfare in two ways. First, the Chapter enhances the ability of law enforcement to deter the consumption of alcohol, marijuana or other controlled substances by minors. Second, the Chapter reduces the costs of providing police services to parties, gatherings or events requiring a response by requiring hosts to ensure minors are not consuming alcoholic beverages, marijuana or other controlled substances. 9.33.020 -Definitions. The words and phrases used in this Chapter have the meanings as set forth below: A. "Alcoholic beverage" shall have the same meaning as in Business and Professions Code Section 23004 or any successor section. B. "Control" of a premises shall be deemed to be vested in both the owner(s) and the tenant(s) of that premises. C. "Controlled Substance" means a drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act, Health and Safety Code Section 11000 et seq., or any successor statute. Such term shall not include any drug or substance otherwise legally possessed or consumed. D. "Guardian" means: (i) a person who, under court order, is the guardian of a Minor; or (ii) a public or private agency with whom a Minor has been placed by a court. E. "Minor" means any person less than twenty-one.(21) years of age. F. "Parent" means a person who is a natural parent, adoptive parent, orstep-parent of a minor. G. "Party' is a party, gathering, or event where a group of three (3) or mare persons have assembled or are assembling for a social occasion or for a social activity. Ordinance No. 835 -Page 2 of 5 9.33.030 - Hosting, Permitting, or Allowing a Party where Minors Consume Alcoholic Beverages, Marijuana and Other Controlled Substances Prohibited. A. It is unlawful for a person having control of any premises to host, permit, or allow a Party to take place at the subject premises, where: 1. At least one Minor consumes an Alcoholic Beverage, marijuana or other Controlled Substance; and 2. The person having control of the premises did not employ any reasonable method to prevent Minors from consuming Alcoholic Beverages, marijuana or other Controlled Substances at the Party. B. Employing a reasonable method to prevent the consumption of Alcoholic Beverages, marijuana or other Controlled Substances by any Minor at a Party includes, but is not limited to: Controlling access to Alcoholic Beverages, marijuana or other Controlled Substances at the Party; 2. Verifying the age of persons attending the Party by inspecting drivers licenses or other government-issued identification cards to ensure that Minors do not consume Alcoholic Beverages, marijuana or other Controlled Substances while at the Party; or 3. Supervising the activities of Minors at the Party. C. A person who hosts, permits or allows a Party shall not be in violation of this Chapter if he or she seeks immediate assistance from the Rancho Cucamonga Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts' performance of the duties imposed by this Section or to terminate the Party because the host has been unable to prevent Minors from consuming or possessing Alcoholic Beverages, marijuana or Controlled Substances despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the Party. D. This Section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control. E. This Section shall not apply to conduct involving the use of Alcoholic Beverages that occurs between a Minor and his or her Parent(s) or Guardian(s)." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or effective. Ordinance No. 835 -Page 3 of 5 SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. Please see the lollowing page for formal adoption, certification antl signatures Ordinance No. 835 -Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 3rtl day of November 2010. AYES: Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: ` ~ ~~ nice C. Reynolds, City erk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 20"' day of October 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3`d day of November 2010. Executed this.4~",day of November 2010, at Rancho Cucamonga, California. r J nice C. Reynolds, City CI rk Ordinance No. 835 -Page 5 of 5