HomeMy WebLinkAboutOrdinance No. 13-O1ORDINANCE NO. 13-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
ADDING SECTIONS 46-129 TO 46-132 TO ARTICLE IV OF CHAPTER
46 OF THE AZUSA MUNICIPAL CODE TO PROHIBIT THE HOSTING
OF GATHERINGS AT WHICH ALCOHOLIC BEVERAGES AND/OR
OTHER HARMFUL SUBSTANCES ARE CONSUMED BY MINORS.
WHEREAS, the City of Azusa ("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 citizens; and
WHEREAS, underage drinking causes violent and unruly behavior at residences or other
locations that have been the subject of multiple police calls; and
WHEREAS, Sections 1-34, 1-35, and 14-421 of the Azusa Municipal Code permit
recovery of costs associated with the City's enforcement or abatement nuisances in accordance
with state law; and
WHEREAS, the City Council finds that unsupervised where alcohol is consumed by
minors constitute nuisances and are harmful to the minors and to the communities where such
parties are held; and
WHEREAS, in addition to alcohol, consumption of other substances that are harmful to
minors frequently occurs at such parties and gatherings, including marijuana and other controlled
substances, inhalants and tobacco products; and
WHEREAS, the Azusa Police Department's ability to abate gatherings where alcohol or
other harmful substances. are consumed by minors will result in a decrease in abuse of alcohol
and other harmful substances by minors, as well as decreases in physical altercations and
injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving public
safety; and
WHEREAS, problems associated with such gatherings are difficult to resolve unless the
Azusa Police Department has the legal authority to effectively direct the host to disperse the
party; and
WHEREAS, control of large parties, gatherings or events where minors are consuming
alcohol or other harmful substances is necessary when such activity is determined to be a threat
to the peace, health, safety, or general welfare of the public; and
WHEREAS, the purpose of these Sections is to address the problems identified above
and to protect the public health, safety and general welfare by enhancing the enforcement of laws
prohibiting the consumption of alcohol and other harmful substances by minors and reducing 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 or other harmful
substances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Sections 46-129 to 46-132 are hereby added to Article IV of Chapter 46 of
the Azusa Municipal Code to read as follows:
Sec. 46-129. —Definitions.
Sec. 46-130. —Host Obligations.
Sec. 46-131. — Violation; Penalty.
Sec. 46-132. — Collection of Enforcement Costs.
Sec. 46-129. Definitions.
As used in Section 46-129 through 46-132, the following words and phrases have the
meanings set forth in this Section:
A. "Alcohol" shall have the same meaning as in California Business and Professions
Code section 23003, as it may be amended from time to time, or any successor section.
B. "Alcoholic Beverage" shall have the same meaning as in California Business and
Professions Code section 23004, as it may be amended from time to time, or any successor
section.
C. "Controlled Substance" shall mean any controlled substance listed in the
California Uniform Controlled Substances Act (California Health and Safety Code section 11000
et seq.) or the federal Controlled Substances Act (21 USC 801 et seq.), as they may be amended
from time to time.
D. "Gathering" means a group of two (2) or more persons who have assembled or are
assembling for a social occasion or social activity at a residence or on other public or private
property.
E. "Guardian" means: (1) a person who, under court order, is the guardian of the
person of a Minor; or (2) a public or private agency with whom a Minor has been placed by the
court.
F. "Harmful Substances" shall include all of the following, as defined in this
Section: Alcohol, Alcoholic Beverage, Controlled Substance, Inhalant; Marijuana and Tobacco
Products.
G. "Inhalant' includes but is not limited to any aerosol or aerosol spray, any volatile
solvent including but not limited to toluene or any substance or material containing toluene, any
gas including but not limited to nitrous oxide or any substance containing nitrous oxide, nitrites
(commonly known as "poppers," "snappers," or "whippets"), and any other chemical substance
or chemical compound that is inhaled for the purpose of becoming intoxicated.
H. "Marijuana" shall have the same meaning as in California Health and Safety Code
section 11018 or United States Code, Title 21, section 802, as they may be amended from time to
time, or any successor sections.
L "Minor" means any person under 21 years of age for purposes of Alcohol,
Alcoholic Beverages, Controlled Substances, Inhalants and Marijuana, and under the age of 18
years of age for purposes of Tobacco Products.
J. "Parent' means a person who is a natural parent, adoptive parent, or step-parent of
another person.
K. 'Premises" means any residence or other private property, individual unit or
place, including any commercial or business premises.
L. 'Public place" means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport facilities and shops.
M. "Tobacco Products' shall have the same meaning as in Section 6-58 of this
Municipal Code.
Sec. 46-130. Host Obligations.
A. Except as permitted by state law, it is unlawful for any person to permit, allow, or
host a Gathering at his or her place of residence or other private property, public place, or any
other premises under his or her control where any Harmful Substances have been consumed by a
Minor, if such person either knows or reasonably should know that a Minor has consumed any
Harmful Substances.
B. Any person who permits, allows or hosts a Gathering shall be rebuttably
presumed to have actual or constructive knowledge that Minors have consumed Harmful
Substances if such person is present at the premises of the Gathering at the time any Minor
consumes a Harmful Substance, or if that person has not taken all reasonable steps necessary to
prevent the consumption of Harmful Substances by Minors, as set forth in subdivision Section
46-130(E) below.
C. This Section shall not apply to Gatherings where religious services and/or
activities protected by Article I, Section 4 of the California Constitution are exercised, nor shall
the prohibition apply to conduct involving the use of alcoholic beverages exclusively between a
Minor and his or her Parent or Guardian.
D. This Section shall not apply to any location or place regulated by the California
Department of Alcohol and Beverage Control via an appropriate license or permit.
E. It is the duty of any person who permits, allows or hosts a Gathering at his or her
place of residence, other private property, public place, or any other premises under his or her
control, where Minors will be present, to take all reasonable steps to prevent the consumption of
Harmful Substances by any Minor at the Gathering.
Reasonable steps shall include, at a minimum, the following: (1) preventing any access
by Minors to any Harmful Substances at the Gathering; (2) controlling access to Alcoholic
Beverages and Tobacco Products at the Gathering; (3) controlling the quantity of Alcoholic
Beverages and Tobacco Products at the Gathering to an amount which can be monitored and its
access controlled effectively; (4) verifying the age of persons who consume Alcoholic Beverages
or Tobacco Products at the Gathering by inspecting drivers licenses or other government -issued
identification cards; (5) prohibiting the use of Controlled Substances and Marijuana at the
Gathering; (6) prohibiting the defined use of Inhalants at the Gathering (e.g. inhaled for the
purpose of becoming intoxicated); and (7) monitoring the activities of all persons at the
Gathering, including Minors.
F. A person who hosts a Gathering shall not be in violation of Section 46-129
through 46-132 if he or she, before any other person makes a complaint to the Azusa Police
Department or other law enforcement agency, seeks assistance from the Azusa Police
Department or other law enforcement agency to either: (1) remove any person who refuses to
abide by the host's rules or requirements with respect to his or her performance of the duties
imposed by Section 46-129 through 46-132; or (2) terminate the Gathering because the host has
been unable to prevent Minors from consuming Harmful Substances, despite having taken all
reasonable steps to do so.
Sec. 46-1.31. Violation; Penalty.
A. Criminal violations of Section 46-129 through 46-132 shall be misdemeanors and
shall be punishable as set forth in Section 1-10 of this Code.
B. Amounts of fines and/or penalties for violations of Section 46-129 through 46-
132 shall be established by resolution of the City Council.
C. Nothing in Section 46-129 through 46-132 in any way limits any other remedy
that may be available to the City, or any penalty that may be imposed by the City.
See. 46-132. Collection of Enforcement Costs.
Every violation of Section 46-129 through 46-132 shall be deemed to be a public
nuisance and abated by the City. The City may seek reimbursement for actual costs associated
with the enforcement of Section 46-129 through 46-132 pursuant to Sections 1-34, 1-35, and 14-
421 of the Azusa Municipal Code, as well as any other applicable law."
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly, or indirectly.
SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable. The City
Council of the City of Azusa hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. PUBLICATION. The City Clerk shall certify the adoption of this
Ordinance and shall cause the same to be posted as required by law.
PASSED, APPROVED and ADOPTED this 7`" day of October, 2013.
s+-.,
Joseph Romero Rocha, Mayor
ATTEST:
' ence Cornejo, J ., Ci Cl
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, JEFFREY LAWRENCE CORNEJO, JR., City Clerk of the City of Azusa, do hereby
certify that the foregoing Ordinance No. 13-01, was duly introduced and placed upon its first
reading at a regular meeting of the Azusa City Council on the 16`h of September, 2013 and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City
Council on the 7'" day of October, 2013 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
APPROVED AS TO FORM:
Mar T
A. Martine t,
City torney