Note: Prior ordinance history: Ord. 326.
Unless the context requires otherwise, the definitions set forth
in this section shall govern the construction of this chapter.
means ethyl alcohol, hydrated oxide of ethyl or spirits of
wine, from whatever source or by whatever process produced.
includes 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.
or "illegal drugs" shall include all narcotics or drugs,
the possession of which is illegal for adults, juveniles and/or minors
under the laws of the state of California, as defined under the Penal
Code, Health and Safety Code, and related statutes.
includes the salaries and benefits of law enforcement and/or
other code enforcement personnel for the amount of time actually spent
in responding to, or in remaining at, the party, gathering or event
and the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured law enforcement personnel
and/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 equipment in responding to or remaining at
the party, gathering or event.
means any person less than eighteen years of age.
means: (1) a person who, under court order, is the guardian
of the person of a juvenile; or (2) a public or private agency with
which a juvenile has been placed by the court.
means any person less than twenty-one years of age.
means a person who is a natural parent, adoptive parent,
foster parent or stepparent of another person.
means a group of three or more persons who have assembled
or are assembling for a party, social occasion or social activity.
or "person(s) responsible" includes, but is not limited to:
(1) the person(s) who owns, rents, leases or otherwise has control
of the premises where the party, gathering or event takes place; (2)
the person(s) in charge of the premises; or (3) the person(s) who
organized the event. If a person responsible for the event is a juvenile,
then the parents or guardians of that juvenile will be jointly and
severally liable for the costs incurred for enforcement services pursuant
to this chapter.
(Ord. 393 § 1, 2010)
Any person responsible for a loud or unruly event shall be civilly
liable to the city for all costs incurred by the city arising out
of a second response which is made by law enforcement or the fire
department to such event where:
A.
Law
enforcement or the fire department initially responded to the event
during the preceding twelve-hour period;
B.
At the
time of making such initial response, personnel from the law enforcement
agency or fire department warned such responsible person(s), in writing,
that the event was being conducted in an unlawful manner, and that
if law enforcement or fire department personnel were required to respond
a second time to the event, such person would be assessed a second
response fee and/or be held responsible for the actual cost of enforcement
services provided during the response; and
C.
Following
such initial response, law enforcement agents or the fire department
were required to respond a second time to the event by reason of the
fact that the event continued to be conducted in an unlawful manner,
notwithstanding such written warning.
(Ord. 393 § 1, 2010)
A.
Except
as permitted by state law, no minor or juvenile shall consume in any
public place or any place open to the public any alcoholic beverage
and/or controlled substance, or consume at any place not open to the
public any alcoholic beverage and/or controlled substance.
B.
A violation
of this section shall constitute a misdemeanor or infraction punishable
by a fine of up to one thousand dollars or by imprisonment for a period
of not to exceed six months, or by both fine and imprisonment.
(Ord. 393 § 1, 2010)
Except as permitted by Article 1, Section 4 of the Constitution of the state of California, no person shall knowingly permit a party, gathering or event at his or her place of residence or other private property, place, or premises under his or her control where alcoholic beverages and/or illegal drugs are being consumed by any individual who is known by the responsible parties to be a minor or juvenile. A violation of this section shall constitute an infraction punishable by fine as set forth in the city of Lemon Grove Infraction and Misdemeanor Bail Schedule per Section 1.12.010 of the city of Lemon Grove Municipal Code. This section shall not apply to conduct involving the use of alcohol that occurs exclusively between a minor or juvenile and his or her parent or legal guardian.
(Ord. 393 § 1, 2010)
The responsible party or parties who permits or allows a party, gathering or event as specified in Section 9.49.040 of this chapter has a duty to inspect the drivers license or other government issued identification card of each person who reasonably appears to be under the age of thirty in order to ensure that they are over the legal age for consuming alcohol. If the responsible party(ies) fails to inspect the identification of a person consuming alcohol, and the person is in fact a minor or juvenile, the responsible party has violated Section 9.49.040 of this chapter.
(Ord. 393 § 1, 2010)
A.
The
person(s) responsible for the event shall be liable for the cost of
providing law enforcement and/or code enforcement services in response
to a party, gathering or event in which minors or juveniles have obtained,
possessed or consumed alcoholic beverages. The law enforcement and/or
code enforcement services fee shall include the cost of personnel
and equipment. Such fee is deemed to be supplementary to all other
applicable fines and penalties.
B.
The amount of such fee charged shall be deemed a debt to the city of the person or persons receiving such services and if such person or persons be minors or juveniles, then the amount shall be deemed a debt of their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of the actual costs of enforcement. Actual costs shall include, in addition to the law and/or code enforcement service fee, costs and expenses in bringing such recovery action, including, but not limited to, reasonable attorneys' fees, witness fees and associated costs and expenses. Such costs and expenses shall be in addition to the applicable fines and penalties referenced in Sections 9.49.030 and 9.49.040, and any other fines and penalties provided by law.
(Ord. 393 § 1, 2010)
The city 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 statutory authority of law enforcement, peace
officers or private citizens to cite and/or make arrests for any criminal
offense arising out of conduct regulated by this chapter.
(Ord. 393 § 1, 2010)
