CC SR 20170307 04 - Social Host Liability Ordinance No. 595RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 03/07/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to reintroduce a Social Host Liability Ordinance and
adopt related administrative citations.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. 595, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 9.26 (SOCIAL
HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS)
OF TITLE 9 OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON
ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE PERSONS AND/OR
ALLOWING UNDERAGE DRINKING; and,
(2) Adopt Resolution No. 2017-_, A RESOLUTION AMENDING THE SCHEDULE
OF PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE
SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF
RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING
RESOLUTION NO. 2016-57.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager J.;'
REVIEWED BY: Same
APPROVED BY: Doug Willmore, City Manager.-°r'•F "-'
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. (page A-1)
B. Redline Ordinance No. (page B-1)
C. Resolution No. 2017- (page C-1)
D. Public comments (page D-1)
BACKGROUND AND DISCUSSION:
At the February 21, 2017, City Council meeting, the City Council introduced Ordinance
No. 595 to add Chapter 9.26 to Title 9 of the Rancho Palos Verdes Municipal Code to
enact a Social Host Liability Ordinance. The City Council directed Staff to make the
following changes:
1
Include "Good Samaritan" language in the ordinance (Section 9.26.040
Exceptions)
Remove the reference that parties have to be "loud, unruly"
Remove the exemption for cultural or religious activity.
In addition, there was language that was present in the Hermosa Beach and Manhattan
Beach ordinances that was not included in the last version of the ordinance imposing
joint and several liability for parents of juveniles hosting a party. During public
comment, the Palos Verdes Peninsula Parent Teacher Association (PTA) also
recommended including this language, so Staff has inserted language in Section
9.26.020 under the definition of "Responsible person" for the City Council's
consideration. The language added states: "In the event that a gathering at a residence
or other private property at which service to or consumption of alcohol or alcoholic
beverages by underage persons occurs is hosted by a juvenile, then the parents or
guardians of that juvenile will be jointly and severally liable with said juvenile or juveniles
for any penalties incurred pursuant to this chapter." If the City Council would like to
include this substantial change, Staff respectfully recommends that the ordinance be
reintroduced at tonight's meeting.
Ordinance No. 595 (Attachment A) is presented to the City Council tonight for
reintroduction, along with the adoption of Resolution No. 2017-_ (Attachment C) to
establish related Tier 2 administrative citations for violations of this ordinance. The
redline version of the ordinance (Attachment B) has been included to outline the exact
changes made from introduction of the ordinance. Additional public comments received
since the last City Council meeting are included as Attachment D.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council's consideration:
Adopt Ordinance No. 595 and/or Resolution No. 2017-_ without
additional modifications.
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADDING CHAPTER 9.26
(SOCIAL HOST LIABILITY FOR PARTIES AT WHICH
UNDERAGE DRINKING OCCURS) OF TITLE 9 OF THE
CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON
ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE
PERSONS AND/OR ALLOWING UNDERAGE DRINKING
WHEREAS, the City of Rancho Palos Verdes ("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, the minimum legal drinking age is 21 years as established by the
Federal Uniform Drinking Age Act of 1984, and yet alcohol is the most abused
substance for minors ages 12 to 20; and
WHEREAS, underage drinking is directly involved in the deaths of approximately
5,000 youth under the age of 21 every year nationwide, is linked to two-thirds of all
sexual assaults including date rape, contributes to a 10 times higher incidence of
physical assault and a 12 times higher incidence of unintentional injury; and
WHEREAS, the 2007 Surgeon General's Call to Action reports alcohol use may
alter adolescents' development and put them at higher risk for long-lasting, detrimental
effects on the developing brain; and
WHEREAS, Minors often obtain, possess, or consume alcoholic beverages at
parties held at private residences or private premises that are under the control of an
adult or "social host" who knows or should know of such conduct but fails to stop it; and
WHEREAS, research identifies adults or "social hosts" as the primary source and
private homes the primary site of alcohol availability, drinking games, and binge drinking
for our youth; and
WHEREAS, many municipalities have adopted social host laws which establish
liability for adults or social hosts who knowingly host parties or gatherings at which
minors are provided access to alcohol; and
01203.0005/354611.1
A-1
WHEREAS, where they exist, social host laws may act as a deterrent through the
assessment of fines, community service, and/or jail time for those who practice social
hosting and provide law enforcement with the ability to intervene at parties where
underage drinking occurs most: in homes and on private property; and
WHEREAS, in 2009 the California State Parent Teacher Association adopted a
Social Host resolution in support of enacting civil laws against property owners on
whose premises underage drinking occurs; and
WHEREAS, on January 31, 2017, at a Special Meeting of the City Council, the
Palos Verdes Peninsula Council of Parent Teacher Associations (PTA) expressly
articulated the advocacy of creation of Social Host Liability legislation by its local
governing cities; and
WHEREAS, the City Council further finds and determines that persons who allow
minors to obtain alcoholic beverages at parties held at private residences will be more
likely to properly supervise or stop such parties on property under their control if they
are held responsible for the conduct of such minors
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2: The City Council finds that the addition of Chapter 9.26 to Title 9
establishing liability for social hosts who provide alcohol to persons under age 21 is
reasonable and expected to deter the consumption of alcoholic beverages by minors by
holding responsible adults who know of, or should know of, the illegal conduct yet fail to
stop it. Further the City Council finds that the addition of Chapter 9.26 is necessary to
preserve the public peace, morals, and welfare of underage persons throughout the
City.
Section 3: Chapter 9.26 (Social Host Liability for Parties at which Underage
Drinking Occurs) of Title 9 (Public Peace, Morals, and Welfare) is hereby added as
follows:
01203.0005/354611.1
A-2
9.26 - Social host liability for parties at which underage drinking occurs.
9.26.010. Purpose and intent. The City Council finds and determines that minors often
obtain alcoholic beverages at parties held at private premises. The City Council further
finds and determines that persons who will be held responsible for abetting or tolerating
such conduct will be more likely to properly supervise or stop such parties on property
under their control. The purposes of this chapter are to:
A. Protect the public health, safety and general welfare;
B. Promote the reduction of underage drinking by imposing a civil fine on persons
responsible for gatherings where alcohol is consumed by, served to or in the
possession of underage persons; and
C. Facilitate the enforcement of laws prohibiting the service to, consumption of or
possession of alcoholic beverages by underage persons;
9.26.020. Definitions. For the purposes of this chapter, the following definitions shall
apply:
A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and
every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-
half ('/2) of one percent (1 %) or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or combined with other substances.
B. "Residence or other private property" shall mean a home, yard, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room,
whether occupied on a temporary or permanent basis, whether occupied as a dwelling,
party or other social function venue, and whether owned, leased, rented, or used with or
without compensation.
C. "Responsible person" means a person or persons with a right of possession of the
residence or other private property at which a gathering is conducted. In the event that
a gathering at a residence or other private property at which service to or consumption
of alcohol or alcoholic beverages by underage persons occurs is hosted by a juvenile,
then the parents or guardians of that juvenile will be jointly and severally liable with said
juvenile or juveniles for any penalties incurred pursuant to this chapter. A responsible
person includes, but is not limited to:
01203.0005/354611.1
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1. Any owner of the residence or other private property, meaning the record owner of
the title to the property as of the time of gathering, regardless of where that person or
entity may currently actually reside;
2. A tenant or lessee of the residence or other private property;
3. The landlord of another person responsible for the gathering, provided that the
landlord has received notice of a prior gathering at the same residence or other private
property;
4. The person(s) in charge of the residence or other private property; and
5. The person(s) who organizes, supervises, officiates, conducts or controls the
gathering or any other person(s) accepting responsibility for such a gathering. A
responsible person for the gathering need not be present at such gathering resulting in
the response giving rise to the imposition of civil money penalties or responses costs.
Prior knowledge of the gathering is not pre -requisite to a finding that any specific
individual is a responsible person as defined by this section.
D. "Underage person" is any person under the age of twenty-one (21).
9.26.030. Social host liability for parties at which underage drinking occurs.
It shall be a civil violation of this chapter, and a public nuisance constituting an
immediate threat to public health and safety warranting summary abatement, for any
responsible person to conduct or allow in a residence or other private property any
party, gathering or event at which an underage person consumes or possesses
alcoholic beverages, where the responsible party knows or reasonably should know that
an underage person has obtained, possesses, or is consuming an alcoholic beverage.
9.26.040 Exceptions
A. This chapter shall not apply to possession or consumption of an alcoholic beverage
under the supervision of a parent or guardian in connection with a cultural or religious
activity.
B. The penalties provided by this chapter shall not apply to any responsible person who
seeks medical attention for an underage person who is or appears to be under the
influence of alcohol.
01203.0005/354611.1
A-4
C. The penalties provided by this chapter shall not apply when an attendee at a
gathering where underage drinking occurs is the individual who reports the underage
drinking.
9.26.050. Notice to responsible person. When a law enforcement, fire or other
emergency response provider makes an initial response to a party, gathering or event at
which underage consumption or possession of alcoholic beverages occurs, the official
shall, in writing, notify any responsible person at the scene that:
1. The official has determined that a party, gathering or event at which underage
consumption or possession of alcoholic beverages exists;
2. The responsible person(s) will be fined for violation of this chapter and billed
for response costs pursuant to Chapter 9.24 if the condition is not abated and an
additional response is required of law enforcement or emergency service
providers to abate the nuisance; and
3. The responsible person(s) are entitled to request a hearing to appeal the fine
and response costs.
This notice shall be given to all identified responsible persons at the time of the initial
response.
9.26.070. Penalties.
A. The city council shall establish a schedule of administrative fines for violation of this
chapter.
B. In addition to the administrative fines described in this chapter, the responding law
enforcement, fire or emergency response providers may issue an order requiring the
gathering to be disbanded and may cite and/or arrest any law violators under any other
applicable ordinances and state statutes.
Section 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
01203.0005/354611.1
A-5
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
01203.0005/354611.1
A-6
PASSED, APPROVED AND ADOPTED this th day of March 2017.
Brian Campbell, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on March 7, 2017, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
vote:
, 2017, and that the same was passed and adopted by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
01203.0005/354611.1
A-7
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADDING CHAPTER 9.26
(SOCIAL HOST LIABILITY FOR PARTIES AT WHICH
UNDERAGE DRINKING OCCURS) OF TITLE 9 OF THE
CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON
ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE
PERSONS AND/OR ALLOWING UNDERAGE DRINKING
WHEREAS, the City of Rancho Palos Verdes ("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, the minimum legal drinking age is 21 years as established by the
Federal Uniform Drinking Age Act of 1984, and yet alcohol is the most abused
substance for minors ages 12 to 20; and
WHEREAS, underage drinking is directly involved in the deaths of approximately
5,000 youth under the age of 21 every year nationwide, is linked to two-thirds of all
sexual assaults including date rape, contributes to a 10 times higher incidence of
physical assault and a 12 times higher incidence of unintentional injury; and
WHEREAS, the 2007 Surgeon General's Call to Action reports alcohol use may
alter adolescents' development and put them at higher risk for long-lasting, detrimental
effects on the developing brain; and
WHEREAS, Minors often obtain, possess, or consume alcoholic beverages at
parties held at private residences or private premises that are under the control of an
adult orf "social host" who knows or should know of such conduct but fails to stop it; and
WHEREAS, research identifies adults or "social hosts" as the primary source and
private homes the primary site of alcohol availability, drinking games, and binge drinking
for our youth; and
WHEREAS, many municipalities have adopted social host laws which establish
liability for adults or social hosts who knowingly host parties or gatherings at which
minors are provided access to alcohol; and
01203.0005/354611.1
B-1
WHEREAS, where they exist, social host laws may act as a deterrent through the
assessment of fines, community service, and/or jail time for those who practice social
hosting and provide law enforcement with the ability to intervene at parties where
underage drinking occurs most: in homes and on private property; and
WHEREAS, in 2009 the California State Parent Teacher Association adopted a
Social Host resolution in support of enacting civil laws against property owners on
whose premises underage drinking occurs; and
WHEREAS, on January 31, 2017, at a Special Meeting of the City Council, the
Palos Verdes Peninsula Council of Parent Teacher Associations (PTA) expressly
articulated the advocacy of creation of Social Host Liability legislation by its local
governing cities; and
WHEREAS, the City Council further finds and determines that persons who allow
minors to obtain alcoholic beverages at parties held at private residences will be more
likely to properly supervise or stop such parties on property under their control if they
are held responsible for the conduct of such minors
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2: The City Council finds that the addition of Chapter 9.26 to Title 9
establishing liability for social hosts who provide alcohol to persons under age 21 is
reasonable and expected to deter the consumption of alcoholic beverages by minors by
holding responsible adults who know of, or should know of, the illegal conduct yet fail to
stop it. Further the City Council finds that the addition of Chapter 9.26 is necessary to
preserve the public peace, morals, and welfare of underage persons throughout the
City.
01203.0005/354611.1
B-2
Section 3: Chapter 9.26 (Social Host Liability for Parties at which Underage
Drinking Occurs) of Title 9 (Public Peace, Morals, and Welfare) is hereby added as
follows:
9.26 - Social host liability for parties at which underage drinking occurs.
9.26.010. Purpose and intent. The City Council finds and determines that minors often
obtain alcoholic beverages at parties held at private premises. The City Council further
finds and determines that persons who will be held responsible for abetting or tolerating
such conduct will be more likely to properly supervise or stop such parties on property
under their control. The purposes of this chapter are to:
A. Protect the public health, safety and general welfare;
B. Promote the reduction of underage drinking by imposing a civil fine on persons
responsible for -gatherings where alcohol is consumed by, served to or in
the possession of underage persons; and
C. Facilitate the enforcement of laws prohibiting the service to, consumption of or
possession of alcoholic beverages by underage persons;
9.26.020. Definitions. For the purposes of this chapter, the following definitions shall
apply:
A. "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer, and
every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-
half ('/2) of one percent (1 %) or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or combined with other substances.
B. "Residence or other private property" shall mean a home, yard, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room,
whether occupied on a temporary or permanent basis, whether occupied as a dwelling,
party or other social function venue, and whether owned, leased, rented, or used with or
without compensation.
C. "Responsible person" means a person or persons with a right of possession of the
residence or other private property at which a Ieuid or uinr gathering is conducted,. In
the event that a gathering at a residence or other private property at which service to or
01203.0005/354611.1
B-3
consumption of alcohol or alcoholic beverages by underage persons occurs is hosted
by a juvenile, then the parents or guardians of that juvenile will be jointly and severally
liable with said juvenile or juveniles for any penalties incurred pursuant to this chapter. A
responsible person includgs+ng, but is not limited to:
1. Any owner of the residence or other private property, meaning the record owner of
the title to the property as of the time of the Ieud eF unFul,- gathering, regardless of
where that person or entity may currently actually reside;
2. A tenant or lessee of the residence or other private property;
3. The landlord of another person responsible for the gathering, provided that the
landlord has received notice of a prior gathering at the same residence or
other private property;
4. The person(s) in charge of the residence or other private property; and
5. The person(s) who organizes, supervises, officiates, conducts or controls the
gathering or any other person(s) accepting responsibility for such a gathering. A
responsible person for the gathering need not be present at such gathering resulting in
the response giving rise to the imposition of civil money penalties or responses costs.
Prior knowledge of the gathering is not pre -requisite to a finding that any specific
individual is a responsible person as defined by this section.
D. "Underage person" is any person under the age of twenty-one (21).
9.26.030. Social host liability for parties at which underage drinking occurs.
It shall be a civil violation of this chapter, and a public nuisance constituting an
immediate threat to public health and safety warranting summary abatement, for any
responsible person to conduct or allow in a residence or other private property any
party, gathering or event at which an underage person consumes or possesses
alcoholic beverages, where the responsible party knows or reasonably should know that
an underage person has obtained, possesses, or is consuming an alcoholic beverage.
9.26.040 Exceptions
01203.0005/354611.1
B-4
A,. This chapter shall not apply to possession or consumption of an alcoholic beverage
under the supervision of a parent or guardian in connection with a cultural or religious
activity.
B. The penalties provided by this chapter shall not apply to any responsible person who
seeks medical attention for an underaae
influence of alcohol.
C. The penalties provided by this cha
Drson who is or appears to be under the
shall not apply when an attendee at a
gathering where underage drinking occurs is the individual who reports the underage
drinking.
9.26.0540. Notice to responsible person. When a law enforcement, fire or other
emergency response provider makes an initial response to a party, gathering or event at
which underage consumption or possession of alcoholic beverages occurs, the official
shall, in writing, notify any responsible person at the scene that:
1. The official has determined that a party, gathering or event at which underage
consumption or possession of alcoholic beverages exists;
2. The responsible person(s) will be fined for violation of this chapter and billed
for response costs pursuant to Chapter 9.24 if the condition is not abated and an
additional response is required of law enforcement or emergency service
providers to abate the nuisance; and
3. The responsible person(s) are entitled to request a hearing to appeal the fine
and response costs.
This notice shall be given to all identified responsible persons at the time of the initial
response.
9.26.07-50. Penalties.
A. I he city council shall establish a schedule of administrative fines for violation of this
chapter.
P In addition to the administrative gena'+, Tfines set forthdescribed in this chapter, the
responding law enforcement, fire or emergency response providers may issue an order
01203.0005/354611.1
B-5
requiring the gathering to be disbanded and may cite and/or arrest any law violators
under any other applicable ordinances and state statutes.
Section 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
PASSED, APPROVED AND ADOPTED this day of €ebrua--j-March 2017, by the
following vote to wit:
Brian Campbell
Mayor
ATTEST:
01203.0005/354611.1
B-6
Emily ColbornTer; Takaeka
AGting City Clerk
David J. Aleshire
City Attorney
01203.0005/354611.1
B-7
RESOLUTION NO. 2017-
A RESOLUTION AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY
AMENDING THE SECOND TIER OF FINES FOR
CERTAIN VIOLATIONS OF THE CITY OF RANCHO
PALOS VERDES MUNICIPAL CODE, AND RESCINDING
RESOLUTION NO. 2016-57.
WHEREAS, Section 1.16.110(A) of the Rancho Palos Verdes Municipal Code
provides that the fine imposed pursuant to Chapter 1.16 (Administrative Penalties) for a
particular violation shall be in the amount set forth in the administrative citation penalty
schedule established by resolution of the City Council; and,
WHEREAS, on December 20, 2016, the Rancho Palos Verdes City Council adopted
Resolution No. 2016-57, thereby establishing a schedule of Tier 2 Penalty Fines for
specified violations of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, the City Council desires to adopt a Social Host Liability Ordinance in
order to combat under -age drinking and hold "social hosts" liable for providing and/or
facilitating the provision of alcohol to minors; and,
WHEREAS, the addition of penalties for violations of the Social Host Liability
Ordinance to the Tier 2 Penalty Fines are necessary to preserve the health and safety of
City residents and to deter specific violations of the Municipal Code.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
Section 1: The above recitals are found to be true and are incorporated herein
by reference.
Section 2: The administrative penalty amounts set forth and attached hereto
are hereby established for violations of the Rancho Palos Verdes Municipal Code.
Section 3: Any penalty amount imposed pursuant to Chapters 1.08 and 1.16
of the Rancho Palos Verdes Municipal Code and this Resolution shall be deemed
delinquent if it is not paid in accordance with the terms and provisions of Chapters 1.08
and 1.16. Any person who fails to pay the City the amount of any penalty imposed
pursuant to the provisions of Sections 1.08.010 and 1. 16.110 of the Rancho Palos
Verdes Municipal Code and this resolution on or before the date that the fine amount is
due shall be liable for the payment of an addition delinquency penalty.
The delinquency penalty is equal to ten percent (10%) of the amount of the
penalty remaining unpaid to the City if a portion of the penalty amount was timely paid.
C-1
Interest shall accrue on all delinquent penalty amounts, exclusive of the delinquency
penalties, at the rate of one half of one percent (0.5%) per month, pro rata, of the total
delinquent penalty amount, from the date the penalty becomes delinquent until the date
that all delinquent penalty amounts are paid to the City.
Section 4: In addition to any administrative penalties specified for violations of
the Rancho Palos Verdes Municipal Code, there shall be a separate penalty collected in
connection with the permit application to legalize any construction, use, or activity that
has occurred without required City permits or approvals. Such penalty shall be equal
to triple the amount of the applicable permit fee specified in the City's Master Fee
Schedule.
ADMINISTRATIVE CITATION
PENALTY FINE
SCHEDULE
Tier 1 Penalty Fines
Violation Type
1St Citation
2nd Citation
3rd Citation
Yard Maintenance
$100
$200
$500
Property Maintenance
$100
$200
$500
Animal Violations (not handled
by LACO)
$100
$200
$500
Rubbish/Trash Can
$100
$200
$500
Banner/Signs
$100
$200
$500
Graffiti
$100
$200
$500
NPDES Violation
$100
$200
$500
Tier 2 Penalty Fines
Violation Type
1St Citation
2nd Citation
3rd Citation
Violation of any conditions of
approval (including Conditional Use
Permits)
$2,500
$5,000
$7,500
Operating a short-term rental in the
City's residential (RS or RM) zoning
district, per occurrence.
$2,500
$5,000
$7,500
Building/working after Stop -Work
Notice
$2,500
$5,000
$7,500
Building/working with expired permits
$2,500
$5,000
$7,500
Violations of Social Host Liability
Ordinance, per occurrence
$2,500
$5,000
$7,500
Resolution No. 2017 -
Page 2 of 3
C-2
Section 5: Resolution No. 2016-57 is hereby rescinded.
PASSED, APPROVED and ADOPTED this _t" day of 2017.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2017-_, was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on , 2017.
City Clerk
Resolution No. 2017 -
Page 3 of 3
C-3
From:
Rod Uyeda
To:
cc
Cc:
Doug Willmore
Subject:
Questions about the social host ordinance
Date:
Tuesday, February 21, 2017 11:44:54 PM
Thank you for your support on this issue! I'm very proud to be a resident of this great city
under your great leadership!
A couple of questions arose that I don't think were adequately answered. I stood, hoping
someone might ask me, and unfortunately, the Sheriffs representative didn't have the
knowledge base that I'm able to draw from, so let me clarify a few things...
i. Loophole: The big loophole is that criminal cases are much harder to prove than civil
cases. Although it is illegal to INTENTIONALLY furnish alcohol to minors, at these parties,
no adult will admit to serving or allowing to be served, alcohol to minors and will often claim
they didn't even know it was there. Thus, the police can't do much about it without a direct
witness or unless it occurs in their presence. The Social Host ordinance changes that.
2. The police really do not have the resources to arrest a lot of juveniles, and they cannot arrest
them unless they are breaking the law. Having a sip of alcohol on private property isn't
against the law. If they are DRUNK, they can be arrested OUTSIDE of private property, but
no one is held accountable for allowing it to happen in the first place. In addition, with few
police resources, they cannot be tied up babysitting a bunch of kids. The social host
ordinance will hold someone responsible.
3. The social host ordinance will specifically address parties where parents bottle themselves
up in a room and then claim "they didn't know", or parties where alcohol is brought by the
party goers, unbeknownst to the property owner, but the ordinance will encourage them to
check, whereas before, they would either ignore or simply turn a blind eye. If parents are out
of town, they might be able to plead ignorance once .... but, it is doubtful an administrative
judge will give them a pass twice.
4. Opioid and other drugs. There are already laws on the books to address this problem.
Anyone under the influence of these drugs, without a prescription, is subject to arrest. The
difficulty is seeing objective symptoms, which takes time and usually an "expert" in the field.
If someone is supplying these drugs, it is a felony ... as is mere possession. Thus, there really
is no need to add this to the ordinance. This is an immediate, arrest -able offense without the
social host ordinance.
5. Marijuana is more interesting. The difficulty here is that some minors have prescriptions
for it and cannot be touched. If someone is supplying to others without a prescription, that is
a felony, but if someone possesses small amounts, it is an infraction.. like a speeding ticket. I
think the social host ordinance could also include a party where marijuana is being used by
minors without a prescription, but it is unlikely there will be MJ use without alcohol use as
well. Can't hurt to throw it in there .... it would make a great statement!
6. Good Samaritan aspect. This has to be worded very carefully. A person cannot
intentionally supply alcohol or drugs, or by gross negligence, allow it to occur and then get a
pass because they call it in. I think the Good Samaritan thing could be written to excuse them
SOLELY for the social host aspect, but if it determined there is CRIMINAL liability, this
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ordinance cannot present an affirmative defense.
Sorry if this is rambling... gotta get to bed. I think I addressed the questions.
Again.... THANKS ! ! ! !
Rod Uyeda
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From: Raunda Frank
To: cc
Subject: Letter in support of the Rancho Palos Verdes Social Host Liability Ordinance
Date: Thursday, February 23, 2017 10:30:02 AM
Attachments: BHS Letter.odf
Hello Honorable Mayor and Member of the City Council:
I addressed you at the February 21St council meeting on the Social Host Liability Ordinance on behalf
of Behavioral Health Services to highlight our success in passing the Social Host Ordinance in
Hermosa Beach as well as how the ordinance to protect teens from the negative impacts of alcohol
consumption. Our formal letter of support was not submitted prior to the meeting, however, we
kindly request that you accept it as part of the record in support of the social host ordinance you
introduced for second reading and adoption at your upcoming meeting.
Sincerely,
Raunda Frank
RAUNDA FRANK I Prevention Coordinator
BHS/NCADD I Beach Cities -AOD Prevention Program
1334 Post Avenue I Torrance, CA 90501
(310) 328-1460 1 C (310) 363-3284 1 rfrank(@bhs-inc.org
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and opportunities for recovery,
American Recovery Center
909-865-2336
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323-262-1786
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310-973-2272 (CASC)
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February 21, 2017
Rancho Palos Verdes City Council
Fred Hesse Community Park
29301 Hawthorne Blvd, Rancho Palos Verdes, CA
Re: Behavioral Health Services/NCADD — Agenda iten> ##6
Dear Mayor and Members of the Rancho Palos Verdes City Council:
This letter pertains to your consideration and possible introduction of a
Social Host Liability Ordinance.
My agency, Behavioral Health Services (BHS) is a non-profit organization
under contract with the Los Angeles County Department of Public Health
Substance Abuse Prevention and Control to implemerit alcohol and drug
prevention programs to educate parents and protcet,youth in the beach
cities.
For the past few years, we have educated residents and met with local
elected officials in Manhattan Beach, Redondo Beach and Hermosa Beach
regarding the benefits of the social host ordinance as an effective law
enforcement tool. It encourages adults to be responsible in not allowing
underage youth to drink or use drugs in their homes.
As a result of our education efforts, the Hermosa Beach City Council
passed a Social Host Ordinance In .lune, 2016. We urge this city Council
to join with the cities of Hermosa Beach, Manhattan Beach, Long Beach
and Carson who have already enacted social host ordinances. We believe
the proposed civil liability ordinance can be more effective than existing
criminal penalties to change youth drinking behaviors. The goal is not to
punish parents or youth, but to prevent harmful consequences.
We proudly support the efforts of the Palos Verdes Peninsula Council of
PTA's to make Rancho Palos Verdes the first area city to enact a Social
Host Ordinance.
We are available to you as a resource for more information about Social
Host Ordinances as well as other policy measures that can help reduce
youth access to alcohol in Rancho Palos Verdes. You may- contact the at
(310) 328�-1460
Since elyy .�
Raunda Frank, BHS Prevention ordinator
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February 27, 2017
Dear Deputy City Manager Yap,
I would like to thank you and the City Council for agreeing to modify the Social Host Ordinance as
discussed at the first reading on 2/21/2017.
Additional points that were discussed at the City Council meeting that were not included in the directions
from the Council to revise the ordinance deserve to be brought up again:
1. The background information provided in the Staff Report Supporting Documents refers to
"allowing underage drinking among children who are not their own." Yet, the proposed
ordinance in section 9.26.030 exempts "possession or consumption of an alcoholic beverage
under the supervision of a parent or guardian..."
As written, this would exempt possession or consumption of alcohol by a minor as long as ANY
PARENT, even a MINOR PARENT, is supervising the gathering. Clearly this is not the intent of
the ordinance and this should be changed to state "possession or consumption of an alcoholic
beverage under the supervision of the minor's own parent or guardian..."
2. Section 9.26.030 refers to "cultural or religious activity" as being exempt from the ordinance.
While religious activity is protected by First Amendment rights and might keep the City out of
expensive legal challenges, is there a specific reason why cultural activities are exempt?
Manhattan Beach's Social Host Liability ordinance has no exemptions for cultural or religious
activities. In my opinion, this is a very large loophole that a smart citizen will use to get out of
paying any assessed fines. Therefore, the cultural exemption should be removed, and subject to
the opinion of the City Attorney, perhaps the religious exemption should be removed as well.
Thank you for considering these changes.
Alan Siegel
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