ORD 08-09 Amending Chapter 9.39 Parties and Underage DrinkingORDINANCE N0.8-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 9.39
OF THE ORANGE MUNICIPAL CODE RELATING
TO PARTIES AND UNDERAGE
DRINKING.WHEREAS, pursuant to the police powers delegated to it by the
California Constitution the City has the authority to enact laws which promote the public health,
safety and general welfare of its residents;
and WHEREAS, the occurrence of loud or unruly gatherings on private property
where alcoholic beverages are consumed by, served to, or in the possession of minors is harmful
to the minors themselves and is a threat to the public health, safety, or quiet enjoyment
of residential property;
and WHEREAS, parents of some children have permitted their children's
juvenile friends to engage in underage drinking in their homes without the permission or
knowledge of the friends' parents;
and WHEREAS, alcohol use by minors is a significant problem in the City and
there have numerous ongoing complaints of loud and unruly parties associated with
underage drinking on residential property, specifically those located in the Old Towne Historic
District near Chapman University, which has contributed significantly to the disruption
of neighboring residents' peace and quiet enjoyment of their property;
and WHEREAS, a study performed in 1996 (A.C. Wagenarr, "Sources of Alcohol
for Underage Drinkers", Journal of Studies on Alcohol) found that the most common sources
of alcohol are the youths' homes and persons over 21 who buy alcohol for them;
and WHEREAS, a study performed in 2000 (Emily Stout, et al., "Reducing
Harmful Alcohol-Related Behaviors: Effective Regulatory Methods", Journal of Studies
on Alcohol,)found that when social hosts are held responsible for binge drinking that it
lowered the probability of binge drinking and
driving; and WHEREAS, parties at which underage drinking occur often become loud
and unruly,resulting in neighbors calling the City's police department for a response, a drain
on police resources that are needed elsewhere in the City and a disproportionate expenditure
of public safety
resources; and WHEREAS, the California Business and Professions Code makes it unlawful
for a person under the age of twenty-one (21) years to purchase or attempt
to purchase, or consume alcohol beverages and makes it unlawful for any person to
sell any alcoholic beverage to any person under the age of twenty-
WHEREAS, according to local, state and federal surveys, alcohol is overwhelmingly
and consistently the most widely used drug at all adolescent age levels. Minors who begin
alcohol use prior to age 15 are four times as likely to become alcohol dependent than those
who refrain from alcohol use until age twenty (20) or older.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 9.39.040 is deleted in its entirety and replaced with the following:
Definitions.
A. "Alcohol" shall have the same meaning as is contained in Business and
Professions Code Section 23003 and as it may be amended.
B "Alcoholic beverage" shall have the same meaning as is contained in Business
and Professions Code Section 23004 and as it may be amended.
C. "Juvenile" means any person less than eighteen (18) years of age.
D. "Minor" means any person less than twenty-one (21) years of
age.E. "Host"
means:1. A person(s) who owns, rents, leases or otherwise has control of
the premises where the Party occurs and/or permits a
Party;2. A person(s) receiving money or any other consideration for granting
access to a
Party;3. A person(s) who organizes or supervises or is otherwise responsible for
a Party;
and 4. A person(s) serving, furnishing, or making available alcohol or
controlled substances, as the latter is defined by the State Penal Code and Health
and Safety
Code.F. "Loud or Unruly Conduct"
includes:1. Noise levels exceeding the noise standards set by this Code and
in particular Section 8.24.
155;2. Obstruction of public streets by crowds or vehicles, cars parked on
lawns or blocking a
driveway;3. Public drunkenness, public urination or underage
drinking;4. Assaults, batteries, or other disturbances of the
peace;5. Vandalism or littering;
or 6. Other unlawful conduct that constitutes a threat to public health,
safety,and quiet enjoyment of adjoining residential property or public
property.
G. "Party" means a social gathering of persons at a residence or on other private
property or public property.
H. "Premises" means the private property upon which an Unlawful Party has
occurred.
I. "Underage Drinking" means consumption of alcohol or an alcoholic beverage
by a Minor.
Section 9.39.050 is deleted in its entirety and replaced with the following:
9.39.050 Prohibited Gatherings.
A. It is unlawful for a Host to knowingly hold or allow a Party at which there is
loud and unruly conduct and/or to permit underage drinking by a juvenile to whom the Host
is neither a parent nor legal guardian. For purposes of this Section, a Host knowingly holds
or allows a Party at which there is loud and unruly conduct whenever the Host is aware or
should reasonably have been aware of the conduct occurring at the Party. It shall be prima
facie evidence or presumed that the Host knew or should have known of the loud and unruly
conduct if the Host is present on the premises at any point during the Party or has received
notice as set forth in Section 9.39.090 of this Code. It shall not be a violation of this Chapter
if a Host calls the police department to disperse individuals from a Party, if the Host has
asked such persons to leave and they have refused.
B. A Host need not be present at the premises to be liable for a violation of this
Chapter. If the Host is a minor and the premises is owned, rented or leased by the Host's
parents or guardians, they may be held jointly and severally liable for violations of this
Chapter.
Section 9.39.060 is amended to strike "twelve (12)" and replace with "72".
Sections 9.39.090 and 9.39.100 are deleted in their entirety and replaced with the
following:
9.39.090 Public Nuisance
If police personnel are required to respond for a second time to any premises within a
72-hour period at which police personnel determined there was a Party at which there
was loud and unruly conduct on both occasions, the Party shall constitute a public nuisance
and shall be abated and dispersed by responding police personnel. The costs of the abatement
of the public nuisance maybe recovered in accordance with Section 9.39.110 of this
Code.In the event that police personnel are required to respond to a Party at which there
is loud and unruly conduct on a premises that is not owner-occupied, then the owner
of the premises as shown on the latest County Tax Assessment Role shall be notified in the
event of any of the following: (1) a notice is issued pursuant toSections9.39.060, 9.39.
070, or9.39.080 of this Code; (2) costs of a special assignment are imposed under Section9.
39.
of this Code; or (3) a misdemeanor citation is issued under this Chapter. The written notice
shall inform the owner of the action that was taken and that if the owner fails to take
reasonable steps designed to prevent future violations, that a civil penalty can be imposed.
The notice shall be sent by first-class and certified mail and shall be in substantially
the following
form:Dear [
Owner]:On [date(s)] the City of Orange Police Department was required
to respond to your property located at [address] in the City of Orange. On
suchdate(s) police officers witnessed a Party at which there was loud and
unruly conduct occurring on the premises as is defined in Orange Municipal
Code Section 9.39.040. In accordance with Orange Municipal Code
Section 9.39.090 you are being put on notice that such a Party occurred on
your property and that [action taken]. The Party interfered with the use
and enjoyment of your neighbors' properties and thus constituted a
public nuisance. You should take reasonable steps to prevent any
further occurrences. If you fail to do so, a civil penalty in the amount of $500 may
be imposed. If you have any questions concerning this notice please contact
the undersigned at [phone
number].
Sincerely,
Name]If an owner fails to take reasonable steps within 30 days of the mailing of a
third notice to prevent further violations of this Chapter, then the owner shall be liable for a
civil penalty in the amount of $
500.Section 9.39.120 is deleted in its entirety and replaced with the
following:9.39.120
Violations Any violation of Sections 9.39.010-9.39.050 of this Code after a Host has
been issued a notice of disturbance in accordance with Section9.39.060 shall constitute
a misdemeanor and shall be punishable by a fine of $150 for the first offense; $250 for the
second offense;and $500 for the third and any subsequent offense. The owner of property that is
not owner-occupied shall not be subject to any criminal penalties under this Chapter unless the
owner is the person actually responsible for organizing and/or supervising a party that
violates this Chapter. Nothing in this Chapter shall be construed to preclude the City from
exercising any other remedies it may have under the law, including but not limited to,
obtaining an injunction. This Chapter shall not create any liability for a Host or an owner
of property,either civilly or criminally, outside of what is in this Chapter or is provided
elsewhere in local, state or
federal
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION III:
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 City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 10th day of November, 2009.
ATTEST:
It~ary E. rp y, City Clerk, City nge
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 27th day of October, 2009, and thereafter at the regular meeting of said
City Council duly held on the 10th day of November, 2009, was duly passed and adopted by
the following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Bilodeau
NOES:COUNCILMEMBERS:Dumitru
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ,City Clerk, Ci Orange
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