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Home My WebLink AboutOrdinance 1874 (Social Host Amendment)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1874 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF THE SAN RAFAEL MUNICIPAL CODE CHAPTER ENTITLED "SOCIAL HOST ORDINANCE" CONCERNING COLLECTION OF RESPONSE COSTS" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 15`h day of June, 2009, was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 6`h day of July, 2009, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Miller & Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Mayor Boro, due to absence from meeting of June 15, 2009 WITNESS my hand and the official seal of the City of San Rafael this 8`h day of July, 2009 C - P --._C ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1874 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF THE SAN RAFAEL MUNICIPAL CODE CHAPTER ENTITLED "SOCIAL HOST ORDINANCE" CONCERNING COLLECTION OF RESPONSE COSTS. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. 1. The City Council recently adopted Ordinance No. 1861, adding Chapter 8.19 to the San Rafael Municipal Code seeking to decrease the incidence of drinking by underage persons at unruly private gatherings within the City, and the consequent threats to the public health safety and welfare, by imposing liability on property owners and other persons responsible for such gatherings for the costs of response to the gatherings by public safety personnel. 2. The City Council finds that certain of the provisions of the ordinance should be clarified to facilitate enforcement. 3. The City Council finds that the amendments to Chapter 8.19 adopted by this Ordinance are consistent with the City's police powers under Article XI, Sections 3 and 5 of the California Constitution, and the City Charter established pursuant to such sections, to enact and enforce laws that promote the public health, safety and general welfare of its residents. 4. The City Council finds that the amended regulations adopted herein are exempt from the requirements of the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA Guidelines, which exempts projects that clearly have no potentially significant adverse environmental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. Section 8.19.060 of Chapter 8.19 of the San Rafael Municipal Code entitled "Social Host Ordinance" is hereby amended to read in its entirety as follows: 8.19.060 -- Hosting by juvenile. In the event that a juvenile hosts an unruly gathering at a residence or other private property in the City in violation of this chapter, and no other responsible person is present at such gathering, then the juvenile shall be deemed to be a responsible person. If the juvenile is not emancipated within the meaning of the California Family Code, then the parents or legal guardians having custody of that juvenile shall be jointly and severally liable with the juvenile for any penalties and response costs imposed pursuant to this chapter, whether or not such parents or guardians are deemed to be responsible persons hereunder or have or had knowledge of the unruly gathering. DIVISION 3. Section 8.19.080 of Chapter 8.19 of the San Rafael Municipal Code entitled "Social Host Ordinance" is hereby amended to read in its entirety as follows: 8.19.080 — Assessment of response costs. Where a criminal or administrative citation has been issued, or where a criminal complaint has been filed, for a violation of this chapter, all responsible persons identified by the police in connection with the violation shall be assessed with, and shall be jointly and severally liable for payment of, the response costs in connection with the violation. DIVISION 4. Section 8.19.090 of Chapter 8.19 of the San Rafael Municipal Code entitled "Social Host Ordinance" is hereby amended to read in its entirety as follows: 8.19.090 -- Payment of response costs, request for hearing. A. If response costs are assessed pursuant to this chapter in connection with the issuance of an administrative citation for a violation, all responsible person(s) shall be notified in writing of the amount of the assessment within ten (10) business days after issuance of the citation for the violation. Any response costs assessed shall be due and payable within thirty (30) days after the date of the assessment notice. A person assessed for response costs pursuant to this section may request a hearing thereon by filing a request for hearing concerning the assessment with the city finance department within thirty (30) days after the date of the assessment notice. If a hearing has been requested to contest the underlying administrative citation, the hearing on the assessment shall be heard at the same time. If no hearing has been requested to contest the underlying administrative citation, the hearing on the assessment shall nevertheless be held by an administrative hearing officer pursuant to the hearing procedures provided in Chapter 1.44 of this code for hearings on administrative citations. The decision by the administrative hearing officer on whether to uphold the assessment in whole or in part shall be final, provided that an appeal to the Marin County Courts from the decision of the administrative hearing officer concerning a decision on the underlying administrative citation pursuant to Section 1.44. 100 may also review the decision by the administrative hearing officer concerning the assessment. Such response costs shall be a debt owed to the city which may be recovered by the city in a civil action, in which the city shall be entitled to recover its costs and reasonable attorneys' fees. B. If response costs are assessed pursuant to this chapter in connection with the issuance of a criminal citation or filing of a criminal complaint for a violation, such response costs may be sought by the City as restitution in connection with the criminal proceedings involving the violation. DIVISION 5. New Section 8.19.120 is hereby added to Chapter 8.19 of the San Rafael Municipal Code entitled "Social Host Ordinance," to read in its entirety as follows: 8.19.120 -- Notices. A. Any notices required to be given by this Chapter shall be served in accordance with the provisions of Section 1.08.060 of this code. B. Failure to receive any notice specified in this chapter shall not affect the validity of proceedings conducted hereunder. DIVISION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 7. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Aeto2� BARBARA HELLER, Vice -Mayor ATTEST: ESTHER BEIRNE, City Clerk 3 The foregoing Ordinance No. 1874 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 15`x' day of June. 2009 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Miller & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Boro and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 6th day of Julv. 2009. �Qa �p c iPu-c ESTHER BEIRNE, City Clerk 4