Ord 566ORDINANCE NO. 566
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 9.54 TO THE POWAY MUNICIPAL CODE
ESTABLISHING ADULT RESPONSIBILITY FOR HOUSE PARTIES AT WHICH
UNDERAGE DRINKING OR DRUG USE OCCURS
WHEREAS, youth often obtain alcoholic beverages at parties held at private
residences or at rented residential or commercial premises including hotel and meeting
facilities; and
WHEREAS, the adult owner or renter of such residence or rented facility has not
in the past been held responsible for underage drinking or drug use at such parties even
though State law prohibits furnishing alcohol to underage persons and contributing to
the delinquency of minors; and
WHEREAS, adults who will be held responsible for allowing underage drinking or
drug use will be more likely to supervise such parties on property under their
control; and
WHEREAS, State law prohibiting conduct which contributes to the delinquency of
minors does not address adult liability for allowing on premises under the control of the
adult alcohol consumption or drug possession by persons who are eighteen (18) years
old or older, but under the legal drinking age of twenty-one (21) years of age; and
WHEREAS, State law prohibiting the furnishing of alcohol to persons under the
age of twenty-one (21) does not address adult liability for allowing the use of premises
under the control of the adult for underage drinking where the alcohol is furnished by
others; and
WHEREAS, State law does not preempt imposing criminal liability upon adults
who allow premises under their control to be used for underage drinking or drug
possession; and
WHEREAS, State law does not preempt imposing civil liability for the purposes of
cost recovery upon adults who allow premises under their control to be used for
underage drinking or drug possession.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
Section 1: The City Council finds that the proposed ordinance is exempt from
the provisions of the California Environmental Quality Act (CEQA), as a Class 21
Categorical Exemption, pursuant to Section 15321 of the CEQA Guidelines, in that the
project provides additional local regulatory authority to enforce existing State
regulations.
Ordinance No. 566
Page 2
Section 2: Chapter 9.54 is hereby added to the Poway Municipal Code as follows.
Chapter 9.54
House Parties
Sections:
9.54.010
9.54.020
9.54.030
9.54.040
9.54.050
9.54.060
9.54.070
9.54.080
9.54.090
Purpose and Intent
Definitions
Prohibition
Prima Facie Evidence
Protected Activities
Criminal Penalties
Civil Liability for Enforcement Services
Reimbursement for Cost of Enforcement. Services
Reservation of Legal Options
9.54.010 Purpose and Intent. The City Council finds and determines that
youth often obtain alcoholic beverages or possess and use drugs at parties held at
private residences or at rented residential and commercial premises which are under
the control of an adult who knows or should know of the illegal conduct and fails to stop
it. The City Council further finds and determines that adults who will be held
responsible for abetting or tolerating such conduct will be more likely to propedy
supervise or stop such parties on property under their control. It is the purpose of this
Chapter to impose criminal liability on adults who control the property on which such
parties occur who fail to properly supervise or stop them. It is the further purpose of this
Chapter to impose civil liability for the recovery of the costs of enforcement services and
to provide for the recovery of reasonable attorneys fees in the event of litigation.
9.54.020 Definitions. Terms used in this chapter shall have the meaning
given to them by State law except as expressly provided herein.
A. "Adult" shall mean a person who is twenty-one years of age or older.
B. "Control" shall mean any form of dominion including ownership, tenancy, or
other possessory right.
C. "House party" shall mean a social gathering at a residence or premises.
D. "Residence or premises" shall mean a hotel or motel room, home, yard,
apartment, condominium, or other dwelling unit, or a hall or meeting room, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling or for a
party or other social function, and whether owned, leased, rented, or used with or
without compensation.
Ordinance No. 566
Page 3
E. "Enforcement Services" shall mean the salaries and benefits of police officers
or other code enforcement personnel for the amount of time actually spent in
responding to, or in remaining at, the house party, and the administrative costs
attributable to the incident; the actual cost of any medical treatment to injured police
officers or other code enforcement personnel; and the cost of repairing any damaged
City equipment or property; and the cost arising from the use of any damaged City
equipment in responding to or remaining at the house party..
9.54.030 Prohibition. No adult having control of any residence or premises shall
allow a house party to take place or continue at the residence or premises if:
1. At the house party any person under the age of twenty-one (21) years
possesses or consumes any alcoholic beverage or controlled substance; and
2. The adult knows or reasonably should know that a person under the age of
twenty-one years possesses or is consuming any alcoholic beverage or controlled
substance at the house party.
9.54.040 Prima Facie Evidence. Whenever an adult having control of a
residence or premises is present at that residence or premises at the time that a person
under the age of twenty-one years possesses or consumes any alcoholic beverage or
controlled substance thereon, it shall be prima facie evidence that such adult had the
knowledge or should have had the knowledge specified in Section 9.54.030 (2) above.
9.54.050 Protected Activities. The provisions of this chapter shall not apply to
legally protected religious activities or gatherings of family members with not more than
two non-family members.
9.54.060 Criminal Penalties. Violations of this chapter may be charged as either
an infraction or a misdemeanor in accordance with Chapter 1.08 of the Poway Municipal
Code.
9.54.070 Civil Liability for Enforcement Services. When a house party prohibited
by Section 9.54.030 occurs and a police officer or code enforcement officer is called to
the scene, the adult(s) having control of the residence or premises shall be liable for
the cost of providing enforcement services during the second or a follow up response by
the police, after a first warning to the adult(s) having such control.
9.54.080 Reimbursement for Cost of Enforcement Services. The actual cost of
enforcement services described in Section 9.54.070 shall be deemed a debt owed to
the City recoverable in a civil action, and shall be recoverable in a civil action, including
reasonable attorney fees and costs.
Ordinance No. 566
Page 4
9.54.090 Reservation of Legal Options. The City of Poway does not waive its
right to seek reimbursement for actual costs of enforcement services through other legal
remedies or procedures. The procedure provided for in this chapter is in addition to any
other statute, ordinance or law, civil or criminal. This chapter in no way limits the
authority of peace officers or private citizens to make arrests for any criminal offense
arising out of conduct regulated by this chapter.
Section 3: If any portion of this ordinance is determined to be unconstitutional or
otherwise contrary to law, that portion shall be severed and the remainder shall continue
to be in full force and effect.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 15th day of October, 2002 and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 29th day of October, 2002, by the
following roll call vote.
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
~or[ ~,~n n~t~e ~]~ ~~' ~) ~
P~o~les, Cit~ ~;lerk!-
Michael Mayor