HomeMy WebLinkAboutPD Social Host Ordinancecrry of Agenda Item No: 16
wr✓ wry
Meeting Date: June 15, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: David Starnes, Captain City Manager Approval:
SUBJECT: AMENDMENT TO CHAPTER 8.19 OF THE SAN RAFAEL MUNICIPAL CODE
ENTITLED "SOCIAL HOST ORDINANCE." City -initiated amendments to clarify procedures
regarding the collection of public safety personnel response costs.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Ordinance (Exhibit A) amending San
Rafael Municipal Code Chapter 8.19, the "Social Host Ordinance," to clarify certain provisions of
the ordinance related to the assessment and collection of response costs.
BACKGROUND:
On October 1, 2007, the City Council adopted Ordinance No. 1861, adding Chapter 8.19 (Social
Host Ordinance) to the San Rafael Municipal Code. The ordinance was added to help decrease
the incidence of drinking by underage persons and the consequent threats to the public health,
safety and welfare caused by underage drinking at unruly private gatherings within the city. The
ordinance imposes liability on property owners and other persons responsible for such
gatherings for the cost of response to the gatherings by public safety personnel. The
recommended amendments will clarify some of the procedures related to the collection of the
response costs against responsible parties, and will help facilitate enforcement of the Social
Host Ordinance.
ANALYSIS:
The San Rafael Police Department staff has been working closely with the City Attorney to
clarify certain procedures and provisions in the Social Host ordinance to facilitate its
enforcement. There is no significant change to the meaning or effect of the existing ordinance.
Action on this ordinance amendment is not subject to environmental review under the general
rule that CEQA applies only to projects with the potential to cause a significant, physical impact
on the environment.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The attached ordinance would amend the existing ordinance to:
1. Clarify how liability for penalties and response costs are assessed when a juvenile is
the host of a party and no other responsible person is present. The current ordinance states
that the parent or guardian will be held jointly liable with the juvenile. The amendment would
clarify that the parent or guardian of a juvenile who is emancipated under State law will not be
held liable. (A minor is emancipated under the California Family Code if the minor has entered
into a valid marriage, whether or not the marriage has been dissolved; or if the minor is on
active duty with the armed forces of the United States, or if the minor has received a declaration
of emancipation from the Court.)
2. Clarify that a responsible person need not be given a copy of the citation and
information about the assessment of response costs at the scene. Any responsible person may
be assessed with response costs in connection with the issuance of a citation, whether they are
given information at the scene or not, so this language is not needed.
3. Change the time to appeal a Notice of Assessment from ten (10) days to thirty (30)
days to make the procedure consistent with the time to appeal from the issuance of the citation.
4. Add a new provision to clarify how notices are to be given under the ordinance.
FISCAL IMPACT:
Currently, officers are responding and handling calls that involve underage drinking at social
gatherings and we do not expect an increase in these types of calls. However, the Social Host
Ordinance has provisions in it to allow us to recover costs for public safety personnel in
connection to any violation in which an administrative citation is issued. The proposed
ordinance will not create any new fiscal impacts.
ACTION REQUIRED:
Staff recommends the City Council:
1. Open the public hearing and accept public testimony on the ordinance;
2. Close the public hearing; and
3. Pass the ordinance (Exhibit A) to print.
ATTACHMENTS:
Exhibit A — Draft Ordinance
ORDINANCE NO.
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 Xl, 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:
1
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,
bJ' mac
sevefally --e for a" penalties and response costs +Rif I: 8e(4:a]:sL]aIJ:t E 11
not sueh parents of guafdians have or had lmewledge of the UIW,I
. then the juvenile
shall be deemed to be a responsible person. If the juvenile not is 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 an�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 um-ulygathering.
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.
00-11,11i IIIIN-1200000-
Where a criminal or administrative citation has been issued or where a criminal com faint
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 ten—(l)thir 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:
3
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.
ALBERT J. BORO, Mayor
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the day of 2009 and ordered
passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
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 day of 12009.
ESTHER BEIRNE, City Clerk
0
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin ss
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and not
a party to or interested in the above matter. I am the prin-
cipal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which newspaper
has been adjudged a newspaper of general circulation by the
Superior Court of the County of Marin, State of California,
under date of FEBRUARY 7, 1955, CASE NUMBER 25565;
that the notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
reg filar and entire- issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
................................................................................................
JUNE 5
............................................................................ I .................. .
all in the year 2009.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
.......................... ..................
Dated this ...... 5 ....... day o£.......yUNE............ 2009
Proof of Publication of
PROOF OF PUBLICATION
