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HomeMy WebLinkAboutTC Ord 1992-11-04 (2) ORDINANCE NO. 387 N.S. P AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING SECTIONS 25-6 AND 25-7 TO THE TIBURON MUNICIPAL CODE CONCERNING JUVENILE ALCOHOL OFFENSES AND IMPOSITION OF FEES FOR POLICE SERVICES THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. PURPOSE AND FINDINGS. .~- -- The Town Council of the Town of Tiburon does hereby find and determine that parties on private property where alcohol is consumed by juveniles constitute a potential hazard for the partygoers and those who might come into contact with them. The Town Council further finds and declares that the control of large parties, gatherings, or events on private property is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. Police problems associated with I dispersing such parties and controlling participants cause a shift of police manpower and resources. SECTION 2. A new section 25-6 is hereby added to the Tiburon Municipal Code to read as follows: Section 25-6. Unlawful Juvenile Gatherings. No person shall suffer, permit, allow, or host 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 five or more persons under the age of 21 are present and alcoholic beverages are in the possession of, or being consumed by, any person under the age of 21 years. A violation of this Section shall constitute an infraction, punishable as set forth in Government Code Section 36900. SECTION 3. A new Section 25-7 is hereby added to the Tiburon Municipal Code to read as follows: Section 25-7. Police Services Fee for Second Response. I (a) For purposes of this section, the following definitions shall apply: 1 ~,--- - 1. Party. A group of persons who have assembled, or are ~ assembling, for a social occasion, activity, event or gathering. 2. Person responsible for the event. The person who owns, rents, leases, or otherwise has control of the premises where the party takes places, the person in charge of the premises, and/or the person who organized the party. If the person responsible for the party is a minor, then the parent(s) or guardian(s) of that minor will be jointly and severally liable for the costs incurred for police services pursuant to this Section. 3. Police services. Police services include the actual time spent by police officers, dispatchers or other police department personnel in responding to or remaining at the party for the purpose of coptrolJing or dispersing those persons present. (b) When a party occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the officer shall inform the person(s) responsible for the party that they will be liable for the cost of providing police services during a second or follow-up response by the police. ~ (c) If the police are required to respond to the party a second time, the person(s) responsible for the party shall be liable for all actual costs of police services related to the second and any subsequent responses. The costs billed may include, but are not limited to, all costs of police department personnel involved in the response, damages to Town property or equipment and any medical costs incurred. The amount of such fees shall be deemed a debt owed to the Town by the person(s) responsible for the party, and, if those persons are minors, their parents and guardians. The person(s) responsible shall also be liable for the Town's reasonable attorney fees if legal proceedings are required to recover the debt. SECTION 2. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. I SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same shall 2 be published, with the names of the members voting for and against the same, at least ~ once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 4, 1992, by the following vote: AYES: COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson, Kuhn NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBE~ ALVIN R. KUHN, MAYOR TOWN OF TIBURON ATIEST: ~ I 3