HomeMy WebLinkAboutPD Social Host Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 13-1 x 9-3-30
Council Meeting: 12/18/2017
Disposition: Passed Ordinance 1950 to Print
Agenda Item No: 8.b
Meeting Date: December 18, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: POLICE
Prepared by: Dan Fink, Police Lieutenant
City Manager Approval: ______________
TOPIC: Social Host Ordinance
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF
THE SAN RAFAEL MUNICIPAL CODE ENTITLED “SOCIAL HOST ORDINANCE” TO APPLY TO
ADDITIONAL PRIVATE PROPERTY AND ADDING PROVISIONS FOR REQUIRING
PARTICIPATION BY OFFENDERS IN A RESTORATIVE JUSTICE PROGRAM
RECOMMENDATION:
Conduct a public hearing regarding a proposed ordinance to amend Chapter 8.19 of the San Rafael
Municipal Code entitled “Social Host Ordinance”, and pass the ordinance to print.
BACKGROUND:
In 2007 the City Council added new Chapter 8.19 to the San Rafael Municipal Code entitled “Social
Host Ordinance.” The Social Host Ordinance was adopted by the City Council to address problems
associated with what the ordinance calls “unruly gatherings”, i.e., social gatherings where alcoholic
beverages are served to or consumed by underage persons and become unruly, necessitating
sometimes multiple City police responses and resulting in a disproportionate expenditure of public
safety resources and delaying official responses to other calls in the rest of the City.
As the years have progressed, the police officers in the field have reported that they have similarly
responded to loud parties with large juvenile gatherings, but instead of drinking alcohol, some juveniles
were in possession of or under the influence of controlled substances. Additionally, we have seen in
other jurisdictions in Marin County where a vehicle has been rented for the purpose of an underage
party where such substances were present.
On June 13, 2017, the Marin County Board of Supervisors approved an amendment to the County
Social Host Ordinance extending its application to unruly gatherings where marijuana is present as well
as encompassing any unruly gatherings on “party busses and limousines”.
ANALYSIS:
The proposed amendments to San Rafael’s Social Host ordinance would clarify that it is intended to
apply to unruly gatherings on all types of private property, including rental halls and motor vehicles,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
whether owned or rented. It would also clarify that the ordinance is intended to apply to unruly
gatherings where juveniles possess or are consuming either alcohol or controlled substa nces or
marijuana.
By approving this amendment, our officers in the field would be able to issue an administrative citation
to those persons responsible for an unruly gathering of underage people where they are under the
influence or in possession of alcohol, controlled substances, and/or marijuana, and whether the
gathering is at a private residence or on another type of private property, including private and for -hire
vehicles. As already provided in the ordinance, the City would be able to recover costs from the
responsible parties for the police or emergency response to these parties. This would be another tool
for us to combat underage drinking and drug use and make San Rafael’s ordinance consistent with the
County of Marin ordinance.
We are also including a restorative justice piece to the social host ordinance. The San Rafael Youth
Services Bureau (YSB) will receive referrals of juveniles and adults who are issued citations for
violating the ordinance. The YSB will schedule meetings with the cited persons and come up with a
plan that could include community service or the attendance at a Parent Project class.
FISCAL IMPACT:
None
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt ordinance as proposed (Staff’s recommended action);
2. Adopt ordinance with modifications;
3. Direct staff to return with more information;
4. Take no action and leave Chapter 8.19 as is.
RECOMMENDED ACTION:
After holding a public hearing, pass to print the Ordinance Amending Chapter 8.19 of the San Rafael
Municipal Code entitled “Social Host Ordinance.”
ATTACHMENTS:
1. Ordinance amending Chapter 8.19 of the San Rafael Municipal Code
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF
THE SAN RAFAEL MUNICIPAL CODE ENTITLED "SOCIAL HOST ORDINANCE"
TO APPLY TO ADDITIONAL PRIVATE PROPERTY AND ADDING PROVISIONS
FOR REQUIRING PARTICIPATION BY OFFENDERS
IN A RESTORATIVE JUSTICE PROGRAM
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS. in 2007 the City Council added new Chapter 8.19 to the San Rafael
Municipal Code entitled "Social Host Ordinance" to address problems associated with social
gatherings where alcoholic beverages are served to and/or consumed by underage persons and become
unruly, necessitating sometimes multiple City police responses and resulting in a disproportionate
expenditure of public safety resources and delaying official responses to other calls in the rest of the City;
and
WHEREAS, the Social Host Ordinance was subsequently amended to also apply to
unruly gatherings where controlled substances are served to and/or consumed by underage
persons; and
WHEREAS, the Council finds that with the legalization of the recreational use of
marijuana by adults in California the provisions of the Social Host Ordinance should be clarified
to confirm that if applies to unruly gatherings where marijuana is served to and/or consumed by
underage persons; and
WHEREAS, the Social Host Ordinance imposes on property owners, and other persons
responsible for gatherings that allow underage use or consumption of certain intoxicating
substances, liability for the nuisances created by such gatherings and the costs associated with
responding to them; and
WHEREAS, the City Council finds that the problems created by unruly gatherings can
occur at or on various kinds of private property, including in vehicles owned or for hire where
intoxicating substances are served to and/or consumed by underage persons, and that the
provisions of the Social Host Ordinance should be extended to apply in those situations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENTS.
Chapter 8.19 of the San Rafael Municipal Code, entitled "Social Host Ordinance,"
is hereby amended to read in its entirety as follows:
1
8.19.010 -Title.
This chapter is entitled and shall be known as the "Social Host Ordinance."
8.19.020 -Purposes.
The occurrence of social gatherings on private property where alcoholic beverages
and/or controlled substances and/or marijuana are served to, consumed by, or in the possession
of underage persons leads to increased occurrences of social problems such as excessive noise,
vandalism, traffic obstructions, driving under the influence by underage persons, and
consequent damage, injury and death, and therefore is harmful to the underage persons
involved and a threat to public health and safety, quiet enjoyment of public and private
property and the general welfare, and a public nuisance as they affect at the same time the
entire San Rafael community as well as the neighborhoods in which they occur. City police
officers have in the past been required to respond to unruly gatherings on private property at
which alcoholic beverages and/or controlled substances and/or marijuana are served to or
consumed by underage persons, and have also received mUltiple service calls in the same
calendar year concerning such unruly gatherings at a particular property. Such calls for service
result in a disproportionate expenditure of public safety resources and delay official responses
to other calls in the rest of the City. An ordinance that imposes liability on property owners and
other responsible persons for gatherings that allow underage drinking or use or ingestion of
controlled substances and/or marijuana is necessary to deter and prevent such gatherings.
Persons who actively and passively aid, allow, or tolerate such gatherings should be held liable
for permitting such gatherings, the nuisances created by them and the costs associated with
responding to them.
8.19.030 -Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Alcohol" means the definition of "alcohol" in Section 23003 of the California
Business and Professions Code, as amended from time to time. As of the adoption of this
chapter, Section 23003 defined "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process produced."
B. "Alcoholic beverage" means the definition of "alcoholic beverage" in Section
23004 of the California Business and Professions Code, as amended from time to time. As of
the adoption of this chapter, Section 23004 defined "alcoholic beverage" to mean" alcohol,
spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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. "City" means the City of San Rafael.
D. "Controlled Substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (Health & Safety Code Section
2
] lOOO et seq.). Such term does not include any drug or substance for which the individual
found to have consumed or possessed such substance has a valid prescription issued by a
licensed medical practitioner authorized to issue such a prescription, or in the case of medical
cannabis, a recommendation for medical marijuana from an approved provider, or a State of
California medical ID card.
E. "Intoxicant" means alcohol, controlled substances and/or marijuana as defined
herein.
F. "Juvenile" means any person under eighteen (18) years of age.
G. "Marijuana" is defined as any and all parts of the plant Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or
resin and includes concentrated marijuana. The prohibition herein includes marijuana in any
form including but not limited to cigarettes, vapor, food products containing marijuana or
concentrated marijuana and any other product of marijuana that can be smoked or ingested;
provided that, notwithstanding the foregoing, it does not include a substance for which the
individual found to have consumed or possessed such substance has a recommendation for
medical marijuana from a licensed physician.
H. "Private property" means any property, place or premises, including, but not
limited to, rental halls or facilities (whether publicly owned and/or maintained) and motor
vehicles, owned or rented, of any type, or vehicles of any type licensed and/or hired to
transport passengers in return for payment of a fare, which are under the ownership or control
of a private person, entity, or organization of any kind .
I. "Response costs" means the costs associated with responses by City police
officers and other emergency services providers to unruly gatherings including but not limited
to:
1. Salaries and benefits of such public safety personnel for the amount of time spent
responding to, remaining at, or otherwise dealing with unruly gatherings, and the
administrative costs attributable to such response(s);
2. The cost of any medical treatment or workers compensation benefits for any such
public safety personnel injured responding to, remaining at or leaving the scene of an unruly
gathering;
3. The cost of repairing any City equipment or property damage, and the cost of the use
of any such equipment, in responding to, remaining at or leaving the scene of an unruly
gathering; and
4. Any costs recoverable in accordance with California Civil Code Section 1714.9.
J . "Responsible person" means a person or persons with a right of possession or
use of the residence or other private property in the City at which an unruly gathering may
occur, whether the person is present or not, including, but not limited to, the following:
3
1. Any owner of the residence or other private property, meaning the record owner of
the title to property as of the time of the unruly gathering, wherever that person or entity may
currently reside;
2. A tenant or lessee of the residence or other private property;
3. The person(s) exercising control over the residence or other private property at the
time of the unruly gathering;
4. The person(s) renting or hiring a motor vehicle where an unruly gathering occurs;
and
5. The person(s) who organizes, supervises, officiates, hosts, conducts or controls the
unruly gathering or any other person(s) accepting responsibility for such gathering.
K. "Restorative Justice Program" means a program sponsored by the San Rafael
Police Department Youth Services Bureau requiring the responsible person, whether adult or
juvenile, and/or any hosting juvenile to participate in and complete a specified number of hours
of assigned community services and/or counseling as prescribed; or a comparable program
approved by the Chief of Police.
L. "Underage person" means any person under twenty-one (21) years of age.
M. "Unruly gathering" means a party or gathering of two (2) or more persons at a
residence or other private property in the City at which intoxicants are being served to and/or
consumed by any underage person, when that party or gathering is also being conducted in
such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or
public property in the neighborhood or in mUltiple locations, due to the occurrence of such
disturbances as excessive noise, excessive traffic, obstruction of public streets by crowds or
vehicles, public intoxication or unlawful public consumption of intoxicants, assaults, batteries,
fights, domestic violence, vandalism, littering, and any other disturbances of the peace or
conduct that constitutes a threat to public health, safety, quiet enjoyment of residential property
or general welfare.
8.19.040 -Duty of responsible persons.
It is the duty of responsible persons to not knowingly host, permit, or allow an unruly
gathering at a residence or other private property in the City concerning which the responsible
person has a right of possession specified in Section S.1 ,).030 (1), and to take all reasonable
steps to prevent the consumption of intoxicants by any underage person at gatherings at such
residence or other private property.
Reasonable steps required pursuant to this section may include, but are not limited to:
controlling access to intoxicants at the gathering; controlling the quantity of intoxicants present
at the gathering; verifying the age of persons attending the gathering by inspecting drivers'
licenses or other government-issued identification cards to ensure that underage persons do not
consume intoxicants while at the gathering; and supervising the activities of underage persons
at the gathering.
4
8.19.050 -Unruly gatherings on private property unlawful.
It is unlawful and a public nuisance for any responsible person to knowingly host,
permit, or allow an unruly gathering to occur at private property in the City concerning which
the responsible person has a right of possession specified in Section 8.19.030(1). For purposes
of this chapter, a responsible person knowingly hosts, permits or allows an unruly gathering
whenever the responsible person is aware an underage person has consumed an alcoholic
intoxicant at an unruly gathering, or reasonably should have been aware an underage person
has consumed an intoxicant at such a gathering had the responsible person taken all reasonable
steps to prevent consumption of intoxicants by underage persons in accordance with Section
8.1 <,).0-\.0 . It shall be prima facie evidence that the responsible person knew or should have
known of both the unruly gathering and the consumption of intoxicants by underage persons at
the gathering if the responsible person is present on the property at any point during the
gathering. To the full extent permitted by law, owners of properties as defined in Section
8.(1).030 shall remain responsible persons liable for violations of this chapter on such property
regardless of any contract or agreement regarding the property that purports to provide
otherwise.
8.19.060 -Hosting by juvenile.
In the event that a juvenile hosts an unruly gathering 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.
8.19.070 -Violations-Penalties.
A. Any violation of this chapter shall be deemed to be a public nuisance, and may
be enforced either as an infraction or as a misdemeanor, by an administrative citation pursuant
to Chapter 1 A-\, of this Code, or by any other remedy available to the City under this Code, or
under state law. All such remedies shall be alternative to or in addition to or in conjunction
with, and not exclusive of, one another. The election of remedies shall be at the sole discretion
of the City.
B. Restorative Justice. In place of or in addition to any other remedies available to the
City under this Chapter, the City may require a responsible party to participate in a Restorative
Justice Program.
8.19.080 -Recovery 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
5
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.
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.-1-4 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 Seclion 1.4-L 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.
8.19.100 -Imposition of liens or special assessments.
In addition to any other remedy provided by law, the city may enforce any liability for
response costs assessed pursuant to this chapter by special assessment on the real property
where the violation occurred, to be collected by the Marin County Tax Collector as more
specifically set forth in Government Code Section 38773.5.
8.19.110 -No mandatory duty of care.
This chapter is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the city, or any officer, employee, agent, or representative of the
city, a mandatory duty of care toward persons or property within or without the city limits, so
as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.
6
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 3. SEVERABILITY.
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 anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid.
DIVISION 4. PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No.1950 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 18th day of December, 2017 and ordered passed to
print by the following vote, to wit:
7
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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 16th day of January, 2018.
ESTHER BEIRNE, City Clerk
8
Draft Date: November 21, 2017
1
ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF
THE SAN RAFAEL MUNICIPAL CODE ENTITLED “SOCIAL HOST ORDINANCE”
TO APPLY TO ADDITIONAL PRIVATE PROPERTY AND ADDING PROVISIONS
FOR REQUIRING PARTICIPATION BY OFFENDERS
IN A RESTORATIVE JUSTICE PROGRAM
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS. in 2007 the City Council added new Chapter 8.19 to the San Rafael
Municipal Code entitled “Social Host Ordinance” to address problems associated with social
gatherings where alcoholic beverages are served to and/or consumed by underage persons and become
unruly, necessitating sometimes multiple City police responses and resulting in a disproportionate
expenditure of public safety resources and delaying official responses to other calls in the rest of the City;
and
WHEREAS, the Social Host Ordinance was subsequently amended to also apply to
unruly gatherings where controlled substances are served to and/or consumed by underage
persons; and
WHEREAS, the Council finds that with the legalization of the recreational use of
marijuana by adults in California the provisions of the Social Host Ordinance should be clarified
to confirm that if applies to unruly gatherings where marijuana is served to and/or consumed by
underage persons; and
WHEREAS, the Social Host Ordinance imposes on property owners, and other persons
responsible for gatherings that allow underage use or consumption of certain intoxicating
substances, liability for the nuisances created by such gatherings and the costs associated with
responding to them; and
WHEREAS, the City Council finds that the problems created by unruly gatherings can
occur at or on various kinds of private property, including in vehicles owned or for hire where
intoxicating substances are served to and/or consumed by underage persons, and that the
provisions of the Social Host Ordinance should be extended to apply in those situations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENTS.
Chapter 8.19 of the San Rafael Municipal Code, entitled “Social Host Ordinance,”
is hereby amended to read in its entirety as follows:
Draft Date: November 21, 2017
2
8.19.010 - Title.
This chapter is entitled and shall be known as the "Social Host Ordinance."
8.19.020 - Purposes.
The occurrence of social gatherings on private property where alcoholic beverages
and/or controlled substances and/or marijuana are served to, consumed by, or in the possession
of underage persons leads to increased occurrences of social problems such as excessive noise,
vandalism, traffic obstructions, driving under the influence by underage persons, and
consequent damage, injury and death, and therefore is harmful to the underage persons
involved and a threat to public health and safety, quiet enjoyment of public and private
residential property and the general welfare, and a public nuisance as they affect at the same
time the entire San Rafael community as well as the neighborhoods in which they occur. City
police officers have in the past been required to respond to unruly gatherings on private
property at which alcoholic beverages and/or controlled substances and/or marijuana are
served to or consumed by underage persons, and have also received multiple service calls in
the same calendar year concerning such unruly gatherings at the same a particular property.
Such calls for service result in a disproportionate expenditure of public safety resources and
delay official responses to other calls in the rest of the City. An ordinance that imposes liability
on property owners and other responsible persons f or gatherings that allow underage drinking
or use or ingestion of controlled substances and/or marijuana is necessary to deter and prevent
such gatherings. Persons who actively and passively aid, allow, or tolerate such gatherings
should be held liable for permitting such gatherings, the nuisances created by them and the
costs associated with responding to them.
8.19.030 - Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Alcohol" means the definition of "alcohol" in Section 23003 of the California
Business and Professions Code, as amended from time to time. As of the adoption of this
chapter, Section 23003 defined "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process produced."
B. "Alcoholic beverage" means the definition of "alcoholic beverage" in Section
23004 of the California Business and Professions Code, as amended from time to time. As of
the adoption of this chapter, Section 23004 defined "alcoholic beverage" to mean " alcoh ol,
spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, 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 co mbined with other substances."
C. "City" means the City of San Rafael.
D. "Controlled Substance" means a drug or substance whose possession and use are
regulated under the California Controlled Substances Act (Health & Safety Code Section
Draft Date: November 21, 2017
3
11000 et seq.). Suc h term does not include any drug or substance for which the individual
found to have consumed or possessed such substance has a valid prescription issued by a
licensed medical practitioner authorized to issue such a prescription, or in the case of medical
cannabis, a recommendation for medical marijuana from an approved provider, or a State of
California medical ID card.
E. “Intoxicant” means alcohol, controlled substances and/or marijuana as defined
herein.
F. "Juvenile" means any person under eighteen (18) years of age.
G. “Marijuana” is defined as any and all parts of the plant Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or pre paration of such plant, its seeds or
resin and includes concentrated marijuana. The prohibition herein includes marijuana in any
form including but not limited to cigarettes, vapor, food products containing marijuana or
concentrated marijuana and any othe r product of marijuana that can be smoked or ingested;
provided that, notwithstanding the foregoing, it does not include a substance for which the
individual found to have consumed or possessed such substance has a recommendation for
medical marijuana from a licensed physician.
H. “Private property” means any property, place or premises, including, but not
limited to, rental halls or facilities (whether publicly owned and/or maintained) and motor
vehicles, owned or rented, of any type, or vehicles of any type licensed and/or hired to
transport passengers in return for payment of a fare , which are under the ownership or control
of a private person, entity, or organization of any kind .
I. "Response costs" means the costs associated with responses by City police
officers and other emergency services providers to unruly gatherings including but not limited
to:
1. Salaries and benefits of such public safety personnel for the amount of time spent
responding to, remaining at, or otherwise dealing with unruly gatherings, and the
administrative costs attributable to such response(s);
2. The cost of any medical treatm ent or workers compensation benefits for any such
public safety personnel injured responding to, remaining at or leaving the scene of an unruly
gathering;
3. The cost of repairing any City equipment or property damage, and the cost of the use
of any such equipment, in responding to, remaining at or leaving the scene of an unruly
gathering; and
4. Any costs recoverable in accordance with California Civil Code Section 1714.9.
J. "Responsible person" means a person or persons with a right of possession or
use of the residence or other private property in the City at which an unruly gathering may
occur, whether the person is present or not , including, but not limited to, the following:
Draft Date: November 21, 2017
4
1. Any owner of the residence or other private property, meaning the record owner of
the title to property as of the time of the unruly gathering, wherever that person or entity may
currently reside;
2. A tenant or lessee of the residence or other private property;
3. The person(s) exercising control over the residence or other private property at the
time of the unruly gathering;
4. The person(s) renting or hiring a motor vehicle where an unruly gathering occurs;
and
5. The person(s) who organizes, supervises, officiates, hosts, conducts or controls the
unruly gathering or any other person(s) accepting responsibility for such gathering.
K. “Restorative Justice Program” means a program sponsored by the San Rafael
Police Department Youth Services Bureau requiring the responsible person, whether adult or
juvenile, and/or any hosting juvenile to participate in and complete a specified number of hours
of assigned community services and/or counseling as prescribed; or a comparable program
approved by the Chief of Police.
L. "Underage person" means any person under twenty -one (21) years of age.
M. "Unruly gathering" means a party or gathering of two (2) or more persons at a
residence or other private property in the City at which alcoholic beverages and/or controlled
substances intoxicants are being served to and/or consumed by any underage person, when that
party or gathering is also being conducted in such a manner as to constitute a substantial
disturbance of the quiet enjoyment of private or public property in the neighborhood or in
multiple locations, due to the occurrence of such disturbances as excessive noise, excessive
traffic, obstruction of public streets by crowds or vehicles, public intoxication or unlawful
public consumption of alcohol or alcoholic beverages or controlled substances intoxicants,
assaults, batteries, fights, domestic violence, vandalism, littering, and any other disturbances of
the peace or conduct that constitutes a threat to public health, safety, quiet enjoyment of
residential property or general welfare.
8.19.040 - Duty of responsible persons.
It is the duty of responsible persons to not knowingly host, permit, or allow an unruly
gathering at a residence or other private property in the City concerning which the responsible
person has a right of possession specified in Section 8.19.030(J), and to take all reasonable
steps to prevent the consumption of alcoholic beverages and/or controlled substances
intoxicants by any underage person at gatherings at such residence or other private property .
Reasonable steps required pursuant to this section may include, but are not limited to:
controlling access to alcoholic beverages and/or controlled substances intoxicants at the
gathering; controlling the quantity of alcohol or alcoholic beverages or controlled substances
intoxicants present at the gathering; verifying the age of persons attending the gathering by
inspecting drivers' licenses or other government -issued identification cards to ensure that
underage persons do not consume alcohol or alcoholic beverages or controlled subst ances
intoxicants while at the gathering; and supervising the activities of underage persons at the
gathering.
Draft Date: November 21, 2017
5
8.19.050 - Unruly gatherings on private property unlawful.
It is unlawful and a public nuisance for any responsible person to knowingly host,
permit, or allow an unruly gathering to occur at private property in the City concerning which
the responsible person has a right of possession specified in Section 8.19.030(J). For purposes
of this chapter, a responsible person knowingly hosts, permits or allows a n unruly gathering
whenever the responsible person is aware an underage person has consumed an alcoholic
beverage and/or controlled substances intoxicant at an unruly gathering, or reasonably should
have been aware an underage person has consumed an alcoholic beverage and/or controlled
substances intoxicant at such a gathering had the responsible person taken all reasonable steps
to prevent consumption of alcoholic beverages and/or controlled substances intoxicants by
underage persons in accordance wi th Section 8.19.040. It shall be prima facie evidence that the
responsible person knew or should have known of both the unruly g athering and the
consumption of alcoholic beverages and/or controlled substances intoxicants by underage
persons at the gathering if the responsible person is present on the property at any point during
the gathering. To the full extent permitted by law, owners of properties as defined in Section
8.19.030 shall remain responsible persons liable for violations of this chapter on such p roperty
regardless of any contract or agreement regarding the property that purports to provide
otherwise.
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 p erson. 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 imp osed 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.
8.19.070 - Violations—Penalties.
A. Any violation of this chapter shall be deemed to be a public nuisance, and may
be enforced either as an infraction or as a misdemeanor, by an administrative citation pursuant
to Chapter 1.44 of this Code, or by any other remedy available to the City under this Code, or
under state law. All such remedies shall be alternative to or in addition to or in conjunction
with, and not exclusive of, one another. The election of remedies shall be at the sol e discretion
of the City.
B. Restorative Justice. In place of or in addition to any other remedies available to the
City under this Chapter, the City may require a responsible party to participate in a Restorative
Justice Program .
8.19.080 - Recovery of response costs.
Draft Date: November 21, 2017
6
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.
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 t en (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 pursua nt to the hearing procedures
provided in Chapter 1.44 of this Code for hearings on administrative citations. The decision by
the administrative h earing 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 citatio n
pursuant to Section 1.44.100 may also review the decision by the administrative hearing officer
concerning the assessment. S uch 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 p roceedings
involving the violation.
8.19.100 - Imposition of liens or special assessments.
In addition to any other remedy provided by law, the city may enforce any liability for
response costs assessed pursuant to this chapter by special assessment on the real property
where the violation occurred, to be collected by the Marin County Tax Collec tor as more
specifically set forth in Government Code Section 38773.5.
8.19.110 - No mandatory duty of care.
This chapter is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the city, or any officer, employee, agent, or representative of the
city, a mandatory duty of care toward persons or property within or without the city limits, so
as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.
Draft Date: November 21, 2017
7
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 3. SEVERABILITY.
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 4. PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirt y (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
__________________________
GARY O. PHILLIPS, 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 ____________________, 2017 and
ordered passed to print by the following vote, to wit:
Draft Date: November 21, 2017
8
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 ____________________, 2017.
______________________________
ESTHER BEIRNE, City Clerk
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Lieutenant Dan Fink Date of Meeting: 12/18/2017
Department: Police
Topic: Social Host Ordinance Update
Subject: Click here to enter text.
Type: (check all that apply) ☐ Consent Calendar ☐ Public Hearing
☒ Discussion Item ☐ Resolution ☐ Ordinance
☐ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY
noon
12/1
Director Director approves staff
report is ready for ACM,
City Attorney & Finance
review.
Click here to
enter a date.
☒
CONTENT REVIEW
MONDAY
morning
12/4
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will review items,
make edits using track
changes and ask questions
using comments. Items will
be returned to the author
by end of day Wednesday.
11/19/2017
12/12/2017
11/20/2017
☒
RW
☒
LG
☒
MM
DEPARTMENT REVISIONS
FRIDAY
noon
12/8
Author Author revises the report
based on comments
receives and produces a
final version (all track
changes and comments
removed) by Friday at
noon.
Click here to
enter a date.
☒
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
morning
12/11
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will check to see
their comments were
adequately addressed and
sign-off for the City
Manager to conduct the
final review.
Click here to
enter a date.
12/12/2017
Click here to
enter a date.
☒
☒
LG
☒
TUES
noon
12/12
City Manager Final review and approval 12/13/2017 ☒
JS