HomeMy WebLinkAbout2007/04/17 Item 9
CITY COUNCIL
AGENDA STATEMENT
.~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
APRIL 17, 2007, Item~
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING TITLE 17 OF THE
MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040
AND 17.24.050 AND ADDING SECTION 17.24.060
REGARDING NOISY AND DISORDERLY CONDUCT.
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING TITLE NINE OF THE
MUNICIPAL CODE BY ADDING CHAPTER 9.14,
SECTIONS 9.14.010 THROUGH 9.14.070 MAKING IT
UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC
BEVERAGES, AND FOR PERSONS TO HOST, PERMIT,
OR ALLOW GATHERINGS WHERE MINORS ARE
CONSUMING ALCOH~LlPVERAGES.
POLICE DEPART~
CITY MANAGER JI
4/5THS VOTE: YES D NO ~
BACKGROUND
A. Loud party calls to the police from citizens have increased steadily as the city has grown.
Chula Vista's current Municipal Code dealing with noisy and disorderly conduct does not
provide officers with sufficient tools, specifically the ability to cite an offender based solely on
officers' observations and administrative enforcement, to deal with this growing problem.
B. Preventing underage drinking is a priority in Chula Vista. The most frequent sources of
alcohol for college students and adolescents include family members, friends, adult
purchasers, and parties. Social host liability laws send a clear message that adults have a
responsibility in the way they manage their homes, or other premises under their control to
prevent underage drinking parties and their consequences.
9-1
APRIL 17,2007, Item-3--
Page 2 of 5
ENVIRONMENTAL REVIEW
As to Ordinance A, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act [CEQA] and has
determined that there is no possibility that the activity may have a significant effect on
the environment because it involves only minor changes to the Mwricipal Code regarding
noisy and disorderly conduct; therefore, pursuant to Section 15061(b)(3) of the State
CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is
necessary.
As to Ordinance B, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with CEQA and has determined the activity is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines because adoption of the
proposed ordinance will not result in physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
A. That the City Council place Ordinance A on fust reading, amending Title 17 of the
Mwricipal Code by amending Sections 17.24.040 and 17.24.050 and adding Section
17.24.060 regarding noisy and disorderly conduct.
B. That the City Council place Ordinance B on fust reading, amending Title 9 of the
Mwricipal Code by adding Chapter 9.14, Sections 9.14.010 tluough 9.14.070 making it
unlawful for minors to consume alcoholic beverages and for persons to host, permit, or
allow gatherings where minors are consuming alcohol beverages.
BOARDS/COMMISSION RECOMMENDATION
A. On November 22, 2006, the Public Safety Subcommittee recommended changes in the
Municipal Code to better enable police officers to deal with loud party problems.
Ordinance A incorporates the Subcommittee recommendations.
B. On October 25, 2006, the Public Safety Subcommittee recommended enacting an
ordinance making it unlawful to host, permit, or allow gatherings where minors are
consuming alcohol beverages. Ordinance B incorporates the Subcommittee
recommendations.
9-2
APRIL 17, 2007, Item~
Page 3 of 5
DISCUSSION
Loud Parties
Citizen complaints to the Chula Vista Police Department about loud parties steadily
increased between January 2003 and December 2006 (see Figure 1). In 2003, there were
1,300 loud party calls to the Police Department; in 2006, there were 2,000 loud party
calls representing a 52 percent increase. These calls mainly come late at night or early
morning on weekends.
r~------
I
Laud Party Calls to Chula VIsta Police Department
January 2003 through December 2006
300
100
250
200
.
E 150
o
z
50
0
M M M M M M v ~ 9 9 i v ~ ~ ~ ~ ~ ~ i\i ~
9 "' 9 9 ~ 9 9 9 9 "' 9 9 ~ 9
c ~ "5 ~ c ~ "5 ~ . ~ :j ~ .
-'i . . ~ . -'i . . ~ . . . . .
" " '" Z " " "' Z ~ " " '" Z ~ "
Month/year
_Linear (Calls)
___u_ -.---------------
i\i i\i ~ ~
~ ~ 1 0
" '" z
Figure 1
About 47 percent of the calls are to locations that have had previous loud party calls.
Some of those are on the same day and the offending noise continues or returns after
officers leave. Other cases represent chronic locations, such as apartment complexes,
with a history ofloud party complaints.
Officers are limited when addressing the loud party problem. Under current state law,
officers may not take enforcement action against offending parties unless a citizen
bothered by the noise is willing to press charges; few are willing to do so. In addition, at
many chronic apartment complexes, the noise problem often is in different apartments at
different times and site managers cannot be held responsible. Finally, the current
Municipal Code sets hours between 12:00 midnight and 8:00 a.m. as those when noises
can generally be considered as being in violation.
9-3
APRIL 17, 2007, Item-9--
Page 4 of5
It is recommended that Section 17.24 of the Chula Vista Municipal Code be amended to:
. Change the hours to 11:00 p.m. to 8:00 a.m.
· Add subsections to:
o Empower officers to issue citations for a prima facie violation,
o Confiscate and impound components amplifYing or transmitting sound as
evidence in prima facie cases, and
o Allow any peace officer to impound vehicles violating this section as per
CVC 922655.5.
· Provide officers with the ability to enforce noise violations criminally or through
an administrative process.
Gatherings where Underage Persons Consume Alcohol
In 2003, Chula Vista officers responded to 63 loud party calls in which juveniles were
involved; in 2006, that number rose 100 percent to 127 calls. For that same period, the
number of teen loud party calls that involved alcohol increased 155 percent from 20 calls
in 2003 to 51 calls in 2006.
Family, friends, adult purchasers, and parties are the most frequent source of alcohol for
persons under the drinking age. Family members are the most frequent source of alcohol
for younger adolescents. Parties are associated with heavy drinking and binge drinking.
Often, parents and other adults have a high tolerance for underage drinking parties,
allowing them to occur on their property and without any supervision. This community
tolerance for underage drinking may stem from several misconceptions about youth
alcohol consumption.
The National Academies Institute of Medicine has urged state and local governments to
enact a comprehensive set of strategies to reduce underage consumption. These strategies
include strengthening social host liability laws to deter underage drinking parties and
other gatherings.l Social host liability laws (also known as teen party ordinances, loud or
unruly gathering ordinances, or response costs ordinances) target the location in which
underage drinking takes place. Social host liability laws hold individuals responsible for
underage drinking events on property they own, lease, or otherwise control. EI Cajon,
Encinitas, La Mesa, Oceanside, Poway, Santee, the City of San Diego, San Diego County
all have some type of ordinance directed at gatherings of minors where alcohol is being
served or consumed[EHcl].
The City of Chula Vista, pursuant to the police powers delegated to it by the California
Constitution and as a charter city, has the authority to enact laws that promote public
health, safety, and general welfare of its residents. Parties, gatherings, or events on
private property where alcoholic beverages are consumed by minors, who are under the
legal age to consume alcohol in the State of California, are harmful to the minors
themselves and a threat to public health, safety, quiet enjoyment of residential property,
and general welfare. This fact was illustrated by a recent tragic incident in Chula Vista.
On April 2, 2007, paramedics and officers from the Chula Vista Police Department
received a radio call of a subject not breathing at a residence on Regulo Place in the City.
I htto://www.socialhost.org
9-4
APRIL 17, 2007, Item ~
Page 5 of 5
When officers and paramedics arrived, they found a 19-year-old student at Southwestern
College unresponsive and not breathing. Paramedics pronounced the student dead at the
scene. An investigation revealed that the student and several of his friends had engaged in
the consumption of a large amount of alcohol at a party the previous night. The San
Diego County Medical Examiner determined the cause of death as acute alcohol
intoxication.
Control of gatherings on private property where alcoholic beverages are consumed by
minors is necessary when such activity is determined to be a threat to the peace, health,
safety, or general welfare of the public. Minors often obtain alcoholic beverages at
gatherings at private residences or other private property, places, or premises, including
rented commercial premises, which are under the control of a person who knows or
should know of the consumption of alcoholic beverages by minors. Persons responsible
for the occurrence of such gatherings often fail to take reasonable steps to prevent the
consumption of alcoholic beverages by minors at these gatherings. Reasonable steps are
controlling access to alcohol at a gathering, controlling the quantity of alcohol at the
gathering, verifying the age of persons attending the gathering by inspecting drivers
licenses or other government-issued identification cards to ensure that minors do not
consume alcohol while at the gathering, and supervising the activities of minors at the
gathering.
This ordinance is necessary (I) to protect public health, safety, and general welfare; (2) to
enforce laws prohibiting consumption of alcohol by minors; and (3) to reduce the costs of
providing police services to parties, gatherings, or events requiring a response by
requiring party hosts to ensure minors are not consuming alcoholic beverages.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in Califomia Code of
Regulations section I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMP ACT
There is no direct fiscal impact. Enforcement will be provided by Police Department
personnel.
Prepared by: John Stedman, Public Safety Analyst, Police Department and Joan Dawson, Deputy City
Attorney. City Attorney's Office
J:'AlIorney'JU"lWSOi'lvlgenda StatementsiLo1ld Parties. social has/fin (REDLlNE-SOJ.doc
9-5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050 AND
ADDING SECTION 17.24.060 REGARDING NOISY
AND DISORDERLY CONDUCT
WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it
by the California Constitution and as a charter city, has the authority to enact laws that
promote the public health, safety, and general welfare of its residents; and
WHEREAS, the City of Chula Vista, acting through the City Council [the
Council], fmds and declares that disturbing, excessive, offensive, or unreasonable noises
create a drain on law enforcement resources when police are called to respond to the
noise, often multiple times; and
WHEREAS, when police are called to respond to noise complaints, it takes them
away from other calls for service; and
WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively
impact public health, safety, quiet enjoyment of property, and general welfare; and
WHEREAS, it is the intent of the Council to provide law enforcement personnel
in the City with additional tools to respond to and abate noise violations that constitute a
public nuisance within the City.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That the Chula Vista Municipal Code be amended to read as follows:
17.24.040
Laud, uBBeecssary, uBusual OF eOBtiBuedDisturbinl!:, excessive,-ffl'
offensive, or unreasonable noises - Prohibited - Exceptions.
Page I of 13+;
9-6-
Ordinance No.
A. It is unlawful for any person in any commercial or residential zone in the City
to make. continue. or cause to be made or continued any disturbing. excessive.-ff
offensive. or unreasonable loud, ur.necessary, lHlfeasonable or lliHi5ual noise, which.,.ey
its naillie. degree of intensity, or length of time coatinaed Of freqaent repetition, _disturbs
the health. safety. general welfare. or quiet eniovment of property of others comfort or
repose of ethers er injures or endangers the health, fleace, or saf-ety, or auiet enjoyment of
llro13ert',' of others in any commercial or residential zone within the limits of the Ceity '-~
proyided, howeyer, that tIhis section shall not in any way affect, restrict, or prohibit any
activities incidental to scientific or industrial activities carried out in a reasonable manner
according to the usual customs of scientific or industrial saitl-activities, conducted in
areas zoned for such purposes, or upon lands which are under the jurisdiction of the board
of commissioners of the San Diego Unified Port District.
B. The characteristics and conditions to consider -te-in determining whether a
noise is disturbing. excessive. _offensive. or unreasonable in violation of this section
shall include. but not be limited to. the following:
1. The degree of intensitv of the noise:
2. Whether the nature of the noise is usual or unusual:
3. Whether the origin of the noise is natural or unnatural:
4. The level of the noise;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning of the area from which the noise emanates and
the area where it is received;
Page 2 of 13+.;
9-7-
Ordinance No.
7. The time of day or night the noise occurs;
8. The duration of the noise; and
9. Whether the noise is recurrent. intermittent. or constant.
C. The following activities. among others. are declared to cause disturbing.
excessive. -Bf-offensive. or unreasonable noises in violation of this section and to
constitute a public nuisance and are lIDlawful. namely:
1. Radios. Phonographs. Amplifiers. and Other Devices.,.-Bt&.- The using.
operating. or permitting to be plaved. used. or operated.-ef. anI' radio receiving set.
musical instrument. drums. phonograph. television set. loud speakers and sound
amplifier. or other machine or device for the producing or reproducing of sound in as\%€h
manner that as-te-disturbs the peace. comfort. or quiet eniovment of anv reasonable
person of normal sensitivity in the vicinity; BE. area of the city is prohibitea
2. Animals and Birds. The keeping of any animal or bird which bv
frequent or long continued noise sflall-disturbs the peace. comfort. or quiet eniovment of
propertv fel365eof anv person residing or workin!/: in the vicinity;
3. Drums and Musical Instruments. The use of anv drum or other musical
instrument or device for the purpose of attracting attention. by creation of noise. to any
performance. show. or sale;
4. Loudspeakers. Amplifiers for Advertising. The using. operating or
permitting to be plaved. used. or operated. ef-anv radio receiying set. musical instrument.
phonograph. loudspeaker. sound amplifier. or other machine or device for the production
or reproduction of sound. which is heard easf-upon a public l'hestreet. s-for the purpose of
Page 3 of 13.e
9-8-
Ordinance No.
commercial advertising or attracting the attention of the public to anI' building or
structure. so as to annoy or disturb the peace. comfort. or quiet enioyment of property,
eamfort sr repsse of persons in anI' office. Bf-dwelling. hotel. or other type of residence;
5 . Yelling. Shouting. Loud or raucous yelling or ,shouting on lIie--public
streets. particularly between the hours of II :00 p.m. and 8:00 a.m.. or at any time or place
in SBeh-a manner that creates a disturbance of the public order where the velling or
shouting is inherently likely to provoke an immediate violent reaction; 1,1'; an act of
yiolenee Sf b.,. any aet likel.,. to prsffilee violenee
6. 6,Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine. compressor. motor boat. or motor vehicle
except through a muffler or other device. which will effectively prevent loud or explosive
noises therefrom: Ilrovided. that this sabseetisR and these sHesections sha-ll Rst iR any
\\'a-; affeet. restrict 0f Ilromeit an'; aeti';ities illeidental to seientifie sr illduotrial researeh.
or maallfaetoollll:. 1l1lSIie atilitv Illaats. eORstruetisR or rellairiRl:: eSRdllctea iR areas zSBeEl
for slowh IlllfllSses. iBeludiBl:: effieri:eBey rellairs iR an'; ZOBe. sr UPSR lands '1{hich are
under the illfisdietisR of the haara of commissioners of the San Diel::o Unifiea Psrt
Distriet;
7. Blowers. The operation of any noise-creating blower. -eF-power fan. or
any internal combustion engine. unless the noise from such blower or fan is muffled and
the SBeh-engine is equipped with a muffler device sufficient to deaden the sooImoise;
Ilro'/ideE!. however. that this seetisR and sllbseetioRs shall Rot ia an'; way affeet. restriet
sr Ilromhit an... aetivities iaeidental to seientifie sr iBdHotrial researeh. or ffiaalHaeturillll:.
Page ~.:'~.u.H
Ordinance No.
public utility plants. cOllstructioll or repairmz: cOll<hwtea ill areas zOllea for SHch
IlUfllOses. illslHdill!:: efllCr~ellCY rellairs ill aRY :GOlle. or ullolllands .,,;flich are Hllder the
iarisdictioll of the born-d of commissioaers ofilie San Die!::o Unified Port District
8. Power Machinery. Tools. and Equipment. The use of anv tools. power
machinery. or equipment or the conduct of construction and building work in residential
zones so as to cause noises disturbing to the peace. comfort. and quiet eniovment of
prorertv re13oseof anv person residing or working in the vicinitv. between the hours of
10:00 p.m. and 7:00 a.m.. Mondav through Fridav. and between the hours of 10:00 p.m.
and 8:00 a.m.. Saturdav and Sundav. except when the work-same is necessary for
emergency repairs required for the health and safety of any member of the community:
9. Motorcvcle or Motor Vehicle Noises. No person operating a
motorcvcle or motor-driven cycle shall increase the engine's revolutions per minute
while the transmission is in neutral or the clutch is engaged so as to cause more noise to
be emitted than is necessary for the normal operation of the vehicle. Further. anv
disturbing. excessive. offensive. or unreasonable uffilsuaL load or aistarbiRg noise made
bv any motorcvcle or other motor vehicle not reasonablv necessary in the operation of the
saffi-cvcle or vehicle under the circumstances is prohibited and includes but is not limited
to noise caused bv screeching of tires. racing or accelerating the engine. backfiring the
engine. or other noise and exhaHot from the engine tailpipe or muffler:
10. Horns. Signaling Devices. The sounding of anv horn or signaling
device on anv automobile. motorcycle. street car. or other vehicle on any street or public
place of the Ceitv. except as a danger warning; the creation bv means of any such
Page 5 of 13H
9-1(J
Ordinance No.
signaling device of anv unreasonablv loud or harsh sound; the sounding of anv device for
an unnecessary and unreasonable period of time; and the use of anv signaling device
when traffic is for anv reason held up;
II. Swimming Pool Mechanical Equipment. Swimming Pepool
mechanical equipment. including. but not limited to. mechanical filters. pumps.
chlorinators. and pool heaters. shall be 5&-located or soundproofed so that such equipment
will not create disturbing. excessive. offensive. or unreasonable loud. lliHleceSSar'r.
anusual or contin-llin~ noise that so as to disturbs the peace and quiet enioyment of
properlv of persons residing in the neighborhood.
D. Prima Facie Violations. Anv of the following shall constitute evidence of a
prima facie violation of this section:
I. The operation of sound production or reproduction device. radio
receiving set. musical instrument. drum. phonograph. television set. machine. loud
speaker and sound amplifier or similar machine or device between the hours of
II :00 p.m. and 8:00 a.m. in a sooflmanner as to be plainlv audible at a distance of fiftv
(50) feet from the building. structure. vehicle. or premises in which it is located-skalt
cORstirute evideRce of a prima facie violffiieR of this sectioR;
2. The operation of any sound amplifier. which is part of or connected to.
anv radio receiving set. stereo. compact disc plaver. cassette tape player. or other similar
device when operated at anv time in such as a manner as to be plainly audible at a
distance offiftv (50) feet and when operated in 5-lI€fi-a manner as to cause a person to be
Page 6 of 13H
9-11
Ordinance No.
aware of vibration accompanving the sound at a distance offiftv (50) feet from the
source.
17.24.050
Loutl, uBBeeessary, uBusualor eOBtiBuetl Boises BesigBatetl aBtI
aescribed.Enforcement of Prima Facie Violations.
A. Anv person, who is authorized to enforce the provisions of this chapter and
who encounters evidence of a prima facie violation of Section 17.24.040. is empowered
to confiscate and impound as evidence anv or all of the components amplifying or
transmitting the sound.
B. Anv peace officer. as defined in the California Penal Code. who encounters
evidence of a prima facie violation of Section 17.24.040 wherebv the components
amplifying or transmitting the sound are attached to a vehicle mav. in accordance with
the provisions of California Vehicle Code Section 22655.5. impound the vehicle. as
containing evidence of a criminal offense. when the amplifying and/or transmitting
component(s) cannot be readilv removed from the vehicle without damaging the
component( s) or the vehicle. The follo'.\'iflg acts, amOfl!; others, Elfe deelElfee. to be
di~ttlfbifl!; and ur.flecessary 110ises in yielatisfl of this chapter, 8tH said eflWfleration shall
net be deemed to be exelusiye, flamely:
f.. Radios, Phoaogra]3hG, .\mpli!i8FG, ets. The using, opemting, or permitting to
be played, ased or operated, of afty radio receivrng set, masical instrnmem, phoflograph,
television 8r other machine or devise for the ]3rodacing or re]3rodaeing of souad in sueh
mar.ner as t8 disturb the comfort and re]3ose of any ]3erson residing or workiflg in the
Page9~ 9fzUH
Ordinance No.
vieiait)', or at any time with louder '/oltlffie thaH is aeeessary for ooaveniellt neariag by
the persoa or persoas who are in the room, plaee, '/eRiole or premises ia willen suen
maemae or de'/ice is operated, aHd wno are '.oluntaT)' listeaers thereto. The operation of
any suen set, iastrumellt, phoaograpn, maeRiae or de'/iee bew.ceen tne hams of 12:00
midaight and g :00 a.m. ia such maruwr as to be plaiRly audible at a diotaHce of 50 feet
from the buildiag, structure, vehicle or premises ill '.ymch it is located shall be prima facie
e'/ideace ofa ';iolatioR of this sectioa and CVMC 17.21.010;
B. l.!limals, Birds, Etc. The keepiag ef any animal or bird which BY frequellt or
long cofltiaued Raise shadl disturb the cemfort or repose of an)' persell. residiag er
workiag ia the vicinity;
C. Noises aear Schools, Courts, Churcnes and Hospitals. The creatiea ef any
lli'.necesoary Reise oa the street adjacellt to an:,' school, chmch or court so as te disturb or
tlllflecessaril:,' illterfcre with the workiags ef such iastitutioR; or the creatioR of any
lir.Reeessary aoise OR the street adjaeeat to a hospital so as te unnecessarily or
lHlfeasoaaBly disturb the patiellts in sueh hospital;
D. HiP;;hrs, Peddlers. The shouting and eryiag efpeddlers, hawkers aRd vendors
which distm.a the peace aad quiet of the Reighborhood;
E. Drums. The use of aRY drum or other mstrumellt or de'/iee fer the purpose ef
attraetiag attelltiea, by creation of aoise, te any perf-ermance, she'N or sale;
F. Loudspeakers, l.mplifiers for I.d'/ertising, Ete. The usiag, ojleratillg or
permittiag to be played, uoed or operated, of an:,' radio recei'/ing set, mllsieal iaotrumeat,
phonograph, 101ldspeaker, sound araplifier, or other machiae er device for the preduetioa
Page 8 of 13-H
9-1:r
Ordinance No.
or reproductioB of soaBd 'shich is east apon the streets for the pllfFlose of commercial
advertisiRr; or atlractinr; the attention of the pH13lis to aRY baildinr; or otmstUie, so as to
ar.noy or diBtUi-6 the quiet, comf-ert or repose of persons in aRY office, or d'Nellinr;, hotel
or other type ef residence;
G. Yellinr;, Shouting, Ete. Loud or raHCOUS yelling, shouting, hooting, whistling
or sinr;ing on the pHlllic streets, particularly between the aO\lfs of 12:00 midllight and
8:00 a.m., or at aRY time or place so as to ar.noy or disturb tae quiet, eomfort or rapose of
persoBs iR aRY officc, or iB any d'Nelliag, aotel or other tYJle of residence, or of any
persoa ia tae ';,ieinity;
H. EJrhllHsts. The discharge iRto the open air of the e:rnaHst of any steam eagine,
statioaary iatemal cOm-6astioB ear;iae, compressor, motor boat, or motor vehicle except
through a mHffler or etaer devise which will effeetively prevent loud or explosive Hoises
thoref'rom; provided, that this sabsectioB aRd these sueoectioHs shall Hot in aRY way
affeet, restrict or profiibit any activities iacideHtal to scientific or iRdustrial research, or
ffiaRHfactHring, Jltl13lic utility plants, eonGtreeaon or repairiag conciacted in areas zoned
for Stich pll!J3oses, illcludinr; emergency repairs ill any zone, er tIponlands whieh are
under the jUiisdictioll oftae bearci of commissioHers oftlle San Diege Uaified Port
District;
1. Blov,ors. The operatioB of any Hoise creatiHg 81o'Ner or Jlo'Ner faR or any
internal comsuGtion engine, tIRless the Boise f'rOfR saca blower or faR is ffiHffled and such
eagiae is equipped '1/ith a nmffler devise sufficient te <leaden sllea Heise; previded,
aowever, that this seatioa and subseatioas shall not iR aay way aff-ect, restrict or prohibit
Page 9 of 13H
9-14
Ordinance No.
any acti'-,ities iaeieental to scientific or indHstriaI research, or manufacturing, IJHblic
mility ]31aHts, construction or repairing eenellcted in areas zoned for such pllF]3eses,
including emergellcy repairs ill any zone, or upon lands '1.hich are HIlder the jHfisdietien
of the beard of cemmissieners of the San Diege DHified Port District;
J. Power Machinery, Toels and Eq-Hipment. The HGe of any tools, ]3ower
machiHery or 6Ejuipment or the condolet of construction and sIDlding werk in residential
zones so as to CEffise noises eisturbing to the comfort aRa repose of any person resiaiHg or
'.'.'orking in the vicinity, bet\'-'een the hours of 10:00 ]3.m. and 7 :00 a.m., Monday tflrellgh
Friday, ana between the Reurs of 10:00 p.m. and 8:00 a.m., Saturaay and SW'leaJ', e)lCept
'shen the same is Hecessary for emergellcy repaiFG required for the heaItR aRa safety of
any member of the commUllity;
K. Motercyele er Motor "'eRiele "Neises. No person operating a metereycle or
motor driyen cycle sRall increase the engine's re'iOlmions per millute while the
transmission is ill neutral er tRe elmch is cngagea so as to Cll10lSe more noise te be emitted
than is necessary for the HonnaI operation of the vORiele. Further, any elleessive, UIlHSHal,
10Hd or disturbing Heise maae by any motorcycle or ether motor '-'eRiele not reasollably
necessary in the o]3cration of said cyele or vehicle anaer the cirCHlIlstances is prohibited
and inclllees bm is not limited to noise callsed by screeching of tires, racing or
accelerating the engine, backfiring the engine and elr.f1aHst from the engine tailpipe or
mHffler;
L. Hems, Signaling Deyices, Etc. The sOUllding of any horn or signaling deyiee
on any automobile, motoreyele, street ear or other '-,ehiele on any street or public plaee of
Page lOaf 13B
9-15-
Ordinance No.
the eity, eKcept as a dallger warniRg; tae creatien by meaas ef allY saea SigRalillg device
of allY lolnreasoRaely loud or aarsfl sOURd; the selolRdiRg of allY Eleviee fer all ulllleeessary
and Ufffcasonaele period of time; and the use of allY signaling de'/iee wfleR traffic is for
any reaSOR aeld lolJl;
M. ~>::imrniRg Peel Meeharueal Equipment. Swill'lffiing peel meehanieal
equipffiellt, iRcludillg, but Rot limited to, meellanieal filters, plHllpS, chleriRators aad pool
heaters, saall be so leeated or sOlolRaproof-ed that saeh equipmeRt ,,;ill ROt ereate load,
UllIleeessary, affilsaal or eomiRumg Roise so as to disll.lffl the peaee allEl qaiet of perseRs
residillg iR The Reighborhood.
17.24.060
Repeated Violations - Public Nuisance--Responsible Person - Cost
Recoverv.
A. Any person, who is responsible for a second violation of Section 17.24.040
within one vear (365 days) of the first violation at a place or premises ,including
residential or commercial property. under his or her control ,shall be liable for
maintaining a public nuisance, as defined by state and/or local law. -To be deemed a
person responsible for repeated yiolations of Section 17.24.040, it is not necessary for the
person to be found criminally liable for a yiolation of the section. In addition to other
penalties allowed by state law or this Municipal Code, a person responsible for repeated
yiolations of Section 17.24.040 may be subiect to an administratiye fine of $1 ,000 per
incident. The administrative fine shall constitute a debt of the responsible person to the
City, and shall be payable to the City in the manner provided in CVMC Chapters 1.40
Page 11 of 13H
9-16-
Ordinance No.
and 1.41 and other applicable law. If the responsible person is a minor. the parent or
guardian of the minor shall be iointly and seyerally liable under this section.
B. Under the proyisions of this section. a responsible person shall include a
property owner of a residential or commercial property. who has actual knowledge or
who receiyes actual notice of a fIrst yiolation of Section 17.24.040 committed by a
tenant. A property owner. who has actual knowledge or who receives actual notice of a
fIrst violation of Section 17.24.040 by a tenant. shall take any and all reasonable steps to
ensure that the property is not being maintained in a manner to constitute a public
nuisance as defIned by state and/or local law.
C. Where there occurs a repeated violation of Section 17.24.040 within one year
(365 days) of a previous violation and the responsible party has been provided written
notice of the previous violation. the responsible person shall be held liable for the cost of
providing police services needed as a result of the second violation to control the threat to
the public peace. health. safety. general welfare. or quiet enioyment of the property. The
imposition of this liability for cost recovery shall be governed by the provisions of
Government Code Section 38773, CYMC 1.41.140. and other applicable law. A repeated
violation of Section 17.24.040 may also result in the arrest and/or citation of violators of
the California Penal Code. this Municipal Code. or other applicable state or local law.
D. Nothing in this section shall be construed as affecting the ability to initiate or
continue concurrent or subsequent criminal prosecution for any violation of the
provisions of this Municipal Code or any state law arising out of the same circumstances
necessitating the application of this section.
Page g~ fSU+;
Ordinance No.
SECTION II: Effective Date.-_This Ordinance shall take effect and be in force thirty
days after its final passage.
Presented by
r~
.' Moore t/
Richard P. Emerson
Chief of Police
J :\Attomey\JDA WSON\Ordinances\Noise Ordinance.fill (REDLINE-SOL 04-12-07.doc
Page 13 of 13H
9-18-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050 AND
ADDING SECTION 17.24.060 REGARDING NOISY
AND DISORDERLY CONDUCT
WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it
by the California Constitution and as a charter city, has the authority to enact laws that
promote the public health, safety, and general welfare of its residents; and
WHEREAS, the City ofChula Vista, acting through the City Council [the
Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises
create a drain on law enforcement resources when police are called to respond to the
noise, often multiple times; and
WHEREAS, when police are called to respond to noise complaints, it takes them
away from other calls for service; and
WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively
impact public health, safety, quiet enjoyment of property, and general welfare; and
WHEREAS, it is the intent of the Council to provide law enforcement personnel
in the City with additional tools to respond to and abate noise violations that constitute a
public nuisance within the City.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain as follows:
Page I of8
':1-19
Ordinance No.
SECTION I: That the Chula Vista Municipal Code be amended to read as follows:
17.24.040
Disturbing, excessive, offensive, or unreasonable noises - Prohibited -
Exceptions.
A. It is unlawful for any person in any commercial or residential zone in the City
to make, continue, or cause to be made or continued any disturbing, excessive, offensive,
or unreasonable noise, which disturbs the health, safety, general welfare, or quiet
enjoyment of property of others in any commercial or residential zone within the limits of
the City. This section shall not in any way affect, restrict, or prohibit any activities
incidental to scientific or industrial activities carried out in a reasonable manner
according to the usual customs of scientific or industrial activities, conducted in areas
zoned for such purposes, or upon lands which are under the jurisdiction of the board of
commissioners of the San Diego Unified Port District.
B. The characteristics and conditions to consider in determining whether a noise
is disturbing, excessive, offensive, or unreasonable in violation of this section shall
include, but not be limited to, the following:
1. The degree of intensity of the noise;
2. Whether the nature of the noise is usual or unusual;
3. Whether the origin of the noise is natural or unnatural;
4. The level of the noise;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning ofthe area from which the noise emanates and
the area where it is received;
Page 2 of 8
'ij-20
Ordinance No.
7. The time of day or night the noise occurs;
8. The duration of the noise; and
9. Whether the noise is recurrent, intermittent, or constant.
c. The following activities, among others, are declared to cause disturbing,
excessive, offensive, or unreasonable noises in violation of this section and to constitute a
public nuisance:
1. Radios, Phonographs, Amplifiers, and Other Devices. The using,
operating, or permitting to be played, used, or operated, any radio receiving set, musical
instrument, drums, phonograph, television set, loud speakers and sound amplifier, or
other machine or device for the producing or reproducing of sound in a manner that
disturbs the peace, comfort, or quiet enjoyment of any reasonable person of normal
sensitivity in the vicinity;
2. Animals and Birds. The keeping of any animal or bird which by
frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of
property of any person in the vicinity;
3. Drums and Musical Instruments. The use of any drum or other musical
instrument or device for the purpose of attracting attention, by creation of noise, to any
performance, show, or sale;
4. Loudspeakers, Amplifiers for Advertising. The using, operating or
permitting to be played, used, or operated, any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other machine or device for the production
or reproduction of sound, which is heard upon a public street, for the purpose of
Page 3 of8
11- 21
Ordinance No.
commercial advertising or attracting the attention of the public to any building or
structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of
persons in any office, dweIIing, hotel, or other type of residence;
5. YeIIing, Shouting. Loud or raucous yeIIing or shouting on public
streets, particularly between the hours of 11 :00 p.m. and 8:00 a.m., or at any time or place
in a manner that creates a disturbance of the public order where the yeIIing or shouting is
inherently likely to provoke an immediate violent reaction;
6. Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle
except through a muffler or other device, which will effectively prevent loud or explosive
noises therefrom;
7. Blowers. The operation of any noise-creating blower, power fan, or
any internal combustion engine, unless the noise from such blower or fan is muffled and
the engine is equipped with a muffler device sufficient to deaden the noise;
8. Power Machinery, Tools, and Equipment. The use of any tools, power
machinery, or equipment or the conduct of construction and building work in residential
zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of
property of any person residing or working in the vicinity, between the hours of 10:00
p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and
8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency
repairs required for the health and safety of any member of the community;
PaKe 4 of 8
9-22
Ordinance No.
9. Motorcycle or Motor Vehicle Noises. No person operating a
motorcycle or motor-driven cycle shall increase the engine's revolutions per minute
while the transmission is in neutral or the clutch is engaged so as to cause more noise to
be emitted than is necessary for the normal operation of the vehicle. Further, any
disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other
motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the
circumstances is prohibited and includes but is not limited to noise caused by screeching
of tires, racing or accelerating the engine, backfiring the engine, or other noise from the
engine tailpipe or muffler;
10. Horns, Signaling Devices. The sounding of any horn or signaling
device on any automobile, motorcycle, street car, or other vehicle on any street or public
place of the City, except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud or harsh sound; the sounding of any device for
an unnecessary and unreasonable period of time; and the use of any signaling device
when traffic is for any reason held up;
II. Swimming Pool Mechanical Equipment. Swimming pool mechanical
equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool
heaters, shall be located or soundproofed so that such equipment will not create
disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet
enjoyment of property of persons residing in the neighborhood.
D. Prima Facie Violations. Any of the following shall constitute evidence ofa
prima facie violation of this section:
Pa~ 5 of8
11-23
Ordinance No.
I. The operation of sound production or reproduction device, radio
receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier, or similar machine or device between the hours of
11:00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50)
feet from the building, structure, vehicle, or premises in which it is located;
2. The operation of any sound amplifier, which is part of or connected to,
any radio receiving set, stereo, compact disc player, cassette tape player, or other similar
device when operated at any time in a manner as to be plainly audible at a distance of
fifty (50) feet and when operated in a manner as to cause a person to be aware of
vibration accompanying the sound at a distance of fifty (50) feet from the source.
17.24.050
Enforcement of Prima Facie Violations.
A. Any person, who is authorized to enforce the provisions of this chapter and
who encounters evidence of a prima facie violation of Section 17.24.040, is empowered
to confiscate and impound as evidence any or all of the components amplifying or
transmitting the sound.
B. Any peace officer, as defined in the California Penal Code, who encounters
evidence of a prima facie violation of Section 17.24.040 whereby the components
amplifying or transmitting the sound are attached to a vehicle may, in accordance with
the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as
containing evidence of a criminal offense, when the amplifying and/or transmitting
PaKe 6 of8
11-24
Ordinance No.
component(s) cannot be readily removed from the vehicle without damaging the
component(s) or the vehicle.
17.24.060
Repeated Violations - Public Nuisance-Responsible Person - Cost
Recovery.
A. Any person, who is responsible for a second violation of Section 17.24.040
within one year (365 days) of the first violation at a place or premises including
residential or commercial property, under his or her control shall be liable for maintaining
a public nuisance, as defined by state and/or local law. To be deemed a person
responsible for repeated violations of Section 17.24.040, it is not necessary for the person
to be found criminally liable for a violation of the section. In addition to other penalties
allowed by state law or this Municipal Code, a person responsible for repeated violations
of Section 17.24.040 may be subject to an administrative fine of $1 ,000 per incident. The
administrative fine shall constitute a debt of the responsible person to the City, and shall
be payable to the City in the manner provided in CVMC Chapters 1.40 and 1.41 and
other applicable law. If the responsible person is a minor, the parent or guardian of the
minor shall be jointly and severally liable under this section.
B. Under the provisions of this section, a responsible person shall include a
property owner of a residential or commercial property, who has actual knowledge or
who receives actual notice of a first violation of Section 17.24.040 committed by a
tenant. A property owner, who has actual knowledge or who receives actual notice of a
first violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to
Page 7 of8
:1-25
Ordinance No.
ensure that the property is not being maintained in a manner to constitute a public
nuisance as defined by state and/or local law.
C. Where there occurs a repeated violation of Section 17.24.040 within one year
(365 days) of a previous violation and the responsible party has been provided written
notice of the previous violation, the responsible person shall be held liable for the cost of
providing police services needed as a result of the second violation to control the threat to
the public peace, health, safety, general welfare, or quiet enjoyment of the property. The
imposition of this liability for cost recovery shall be governed by the provisions of
Government Code Section 38773, CYMC 1.41.140, and other applicable law. A repeated
violation of Section 17.24.040 may also result in the arrest and/or citation of violators of
the California Penal Code, this Municipal Code, or other applicable state or local law.
D. Nothing in this section shall be construed as affecting the ability to initiate or
continue concurrent or subsequent criminal prosecution for any violation of the
provisions of this Municipal Code or any state law arising out of the same circumstances
necessitating the application of this section.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its final passage.
Presented by
Richard P. Emerson
Chief of Police
/~.. :M~0
/ Ann Moore
City Attorney .
J:\AttorneyVDA WSON\Ordinances\Noise Qrdinance.fnl (CLEAN copy of REDLINE-SO)_04-12-07.doc
Page 8 of 8
:1-26
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010
THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS
TO CONSUME ALCOHOLIC BEVERAGES, AND FOR
PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS
WHERE MINORS ARE CONSUMING ALCOHOLIC
BEVERAGES
WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the
California Constitution and as a charter city, has the authority to enact laws that promote the
public health, safety, and general welfare of its residents; and
WHEREAS, the City of Chula Vista, acting through the City Council [the Council] fmds
that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are
consumed by minors, who are under the legal age to consume alcohol in the State of California,
are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of
residential property, and general welfare; and
WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings
held at private residences or other private property, places, or premises, including rented
commercial premises, which are under the control of a person who knows or should know of the
consumption of alcoholic beverages by minors; further, the Council fmds that persons
responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent
the consumption of alcoholic beverages by minors at these gatherings; and
WHEREAS, control of gatherings on private property where alcoholic beverages are
consumed by minors is necessary when such activity is determined to be a threat to the peace,
health, safety, or general welfare of the public; and
9-27
Ordinance No.
WHEREAS, police officers often are required to make multiple responses to the location
of a gathering where alcoholic beverages are consumed by minors in order to disperse
uncooperative participants, causing a drain on public safety resources and in some cases, leaving
other areas of the City with delayed police response; and
WHEREAS, problems associated with gatherings where alcoholic beverages are
consumed by minors are difficult to prevent and deter unless the City of Chula Vista Police
Department has the legal authority to arrest offenders and direct the host to disperse the
gathering; and
WHEREAS, police ability to abate gatherings on private property where alcohol is
consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations
and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving
public safety; and
WHEREAS, it is the intent of the Council that liability under this Ordinance applies to
any person in control of private property who knowingly hosts, permits, or allows a party,
gathering, or event where minors are present and an alcoholic beverage is being consumed by
any minor, where the person in control of the private property knows or reasonably should know
that a minor has consumed an alcoholic beverage; and
WHEREAS, it is the further intent of the Council to impose a duty on any person having
control of any residence or other private property, place, or premises, including any commercial
premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all
reasonable steps to prevent the consumption of alcoholic beverages by any minor at the
gathering;
-PAGE 2 OF 8-
9-28
Ordinance No.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as
follows:
SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14,
Sections 9.14.010 through 9.14.070 to read as follows:
Chapter 9.14 Alcohol Consumption bv Minors
9.14.010
Purpose and intent.
The City Council finds and declares as follows:
A. The City of Chula Vista. pursuant to the police powers delegated to it by the
California Constitution and as a charter city. has the authority to enact laws that promote the
public health. safety. and general welfare of its residents;
B. The occurrence of parties. gatherings. or eyents on private property where alcoholic
beyerages are consumed by minors. who are under the legal age to consume alcohol in the State
of California. are harmful to the minors themselves and a threat to ~)Ublic health. safety. quiet
enioyment of residential property. and general welfare:
C. Minors often obtain alcoholic beverages at gatherings held at private residences or
other private property. places. or premises. including rented commercial premises. which are
under the control of a person who knows or should know of the consumption of alcoholic
beverages by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable
steps to prevent the consumption of alcoholic beverages by minors at these gatherings.
-PAGE 3 OF 8-
9-29
Ordinance No.
E. The ability of police officers to control gatherings on private property where alcoholic
beverages are consumed bv minors is necessary when such activity is determined to be a threat to
the peace. health. safety. or general welfare of the public.
F. Gatherings involving consumption of alcohol bv minors. as defined bv this chapter.
are unlawful and constitute a public nuisance pursuant to state law and provisions of this
Municipal Code.
G. The purpose and intent of this chapter is: (J) to protect public health. safety. and
general welfare of people and premises in the city. including the quiet eniovment of residential
and other private property: (2) to enforce laws prohibiting the consumption of alcohol bv minors:
and (3) to reduce the costs of providing police services to parties. gatherings. or events requiring
a response bv requiring the person who knowingly hosts. permits. or allows a party. gathering. or
event to ensure minors are not consuming alcoholic beverages through criminal. civil.
administrative. and other penalties as allowed bv state and local law.
9.14.020
Definitions.
For purposes of Sections 9.14.010 through 9.14.070. the following definitions shall
ill2lliY;
"Alcohol" means ethyl alcohol. hydrated oxide of ethvl. or spirits of wine. from whatever
source or bv whatever process produced.
"Alcoholic beverage" includes alcohol. spirits. liquor. wine. beer. and everv liquid or
solid containing alcohol. sPirits. wine. or beer. and which contains one-half of one (1) percent or
more of alcohol bv volume and which is fit for beverage purposes either alone or when diluted.
mixed. or combined with other substances.
-PAGE 4 OF 8-
9-30
Ordinance No.
"Gathering" is a party. gathering. or eyent. where a group of three or more persons haye
assembled or are assembling for a social occasion or social actiyity.
"Legal Guardian" means: (1) a person who. by court order. is the guardian of the person
of a minor; or (2) a public or priyate agency with whom a minor has been placed by the court.
"Minor" means any person under twenty-one years of age.
"Parent" means a person who is a natural parent. adoptiye parent. foster parent. or
stepparent of another person.
"Premises" means any residence or other priyate property. place. or premises. including
any commercial or business premises.
"Response costs" are the costs associated with responses by law enforcement. fire. and
other emergency response proyiders to a gathering. including but not limited to: (1) salaries and
benefits of law enforcement. code enforcement. fire. or other emergency response personnel for
the amount of time spent responding to. remaining at. or otherwise dealing with a gathering. and
the administratiye costs attributable to such response(s): (2) the cost of any medical treatment for
any law enforcement. code enforcement. fire. or other emergency response personnel iniured
responding to. remaining at. or leaving the scene of a gathering; (3) the cost of repairing any city
equipment or property damaged. and the cost of the use of any such equipment. in responding to.
remaining at. or leaving the scene ofa gathering; and (4) any other allowable costs related to the
enforcement of Sections 9.14.030 and 9.14.040.
9.14.030
Consumption of Alcohol by Minor Prohibited in Public Place, Place ODen to
Public, or Place Not ODen to Public.
Except as permitted by state law. it is unlawful for any minor to:
-PAGE 5 OF 8-
9-31
Ordinance No.
A. consume at anv public place or anv place open to the public anv alcoholic beverage;
or
B. consume at anv place not open to the public anv alcoholic beverage. unless in
connection with the consumption of the alcoholic beverage that minor is being supervised bv his
or her parent or legal guardian.
9.14.040
Hostin!!. Permittin!!. or AUowin!! a Party. Gatherin!!. or Event Where Minors
Consumin!! Alcoholic Beverae:es Prohibited.
A. Imposition of Dutv and Violation.
1. It is the dutv of anv person having control of anv premises. who knowinglv
hosts. permits. or allows a gathering at said premises to take all reasonable steps to prevent the
consumption of alcoholic beverages bv anv minor at the gathering. Reasonable steps are
controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic
beverages present at the gathering; verifving the age of persons attending the gathering by
inspecting drivers licenses or other government-issued identification cards to ensure that minors
do not consume alcoholic beverages while at the gathering; and supervising the activities of
minors at the gathering.
2. It is unlawful for anv person having control of anv premises to knowinglv host.
permit. or allow a gathering to take place at said premises where at least one minor consumes an
alcoholic beverage. whenever the person having control of the premises either knows a minor
has consumed an alcoholic beverage or reasonablv should have known that a minor consumed an
alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an
alcoholic beverage bv a minor as set forth in Subsection A.l of this section.
-PAGE 6 OF 8-
9-32
Ordinance No.
B. This section shall not applv to conduct involving the use of alcoholic beverages that
occurs exclusivelv between a minor and his or her parent or legal guardian. as permitted bv
Article L Section 4. of the California Constitution.
C. This section shall not applv to anv California Department of Alcoholic Beverage
Control licensee at anv premises regulated bv the Department of Alcoholic Beverage Control.
9.14.050
Mandatorv Minimum Fines.
Criminal violations of Sections 9.14.030 and 9.14.040 shall be punishable. on a first
offense. bv a mandatorv minimum fine of$IOO.OO. plus statutory penaltv assessments. with
neither fine nor assessments staved or suspended. and. on second and subsequent offenses. bv a
fine of $200.00. plus statutory penalty assessments. with neither fine nor assessments staved or
suspended. Notwithstanding other provisions of the Municipal Code. violations of the provisions
of this chapter mav also be subiect to an administrative fine of $ LOOO per incident. as allowed bv
Section 9.14.060. The administrative fine shall constitute a debt of the responsible person to the
City. and shall be pavable to the Citv in the manner provided in CVMC Chapters 1.40 and 1.41
and other applicable law. If the responsible person is a minor. the parent or guardian of the minor
shall be iointlv and severallv liable under this section.
9.14.060
Reservation of Lel!al Options.
Violations of Sections 9.14.030 and 9.14.040 mav be prosecuted bv the City ofChula
Vista. in the name of the People of the State of California. criminallv. civillv. and/or
administrativelv as provided bv the Municipal Code. The Citv ofChula Vista mav seek
administrative fees and response costs associated with enforcement of Sections 9.14.030 and
9.14.040. through all remedies or procedures provided bv statute. ordinance. or law. Sections
-PAGE 7 OF 8-
9-33
Ordinance No.
9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make
arrests for any criminal offense arising out of conduct regulated bv Sections 9.14.030 and
9.14.040. nor shall they limit the City ofChula Vista's or the People of the State of California's
ability to initiate and prosecute any criminal offense arising out of the same circumstances
necessitating the application of Section 9.14.030 or 9.14.040.
9.14.070
Local Authoritv.
Sections 9.14.010 through 9.14.060 shall not apply where prohibited or preempted bv
state or federal law.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its fmal passage.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
C;;/!?t/~~
;, . Moore
City Attorney
J:\AttomeyVDA WSON\Ordinances\Social Host (REDLINE-SOL 04-17..Q7.doc
-PAGE 8 OF 8-
9-34
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010
THROUGH 9.14.070, MAKING IT UNLAWFUL FOR MINORS
TO CONSUME ALCOHOLIC BEVERAGES, AND FOR
PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS
WHERE MINORS ARE CONSUMING ALCOHOLIC
BEVERAGES
WHEREAS, the City ofChula Vista, pursuant to the police powers delegated to it by the
California Constitution and as a charter city, has the authority to enact laws that promote the
public health, safety, and general welfare of its residents; and
WHEREAS, the City ofChula Vista, acting through the City Council [the Council] finds
that parties, gatherings, or events [gatherings] on private property where alcoholic beverages are
consumed by minors, who are under the legal age to consume alcohol in the State of California,
are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of
residential property, and general welfare; and
WHEREAS, the Council finds that minors often obtain alcoholic beverages at gatherings
held at private residences or other private property, places, or premises, including rented
commercial premises, which are under the control of a person who knows or should know of the
consumption of alcoholic beverages by minors; further, the Council finds that persons
responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent
the consumption of alcoholic beverages by minors at these gatherings; and
WHEREAS, control of gatherings on private property where alcoholic beverages are
consumed by minors is necessary when such activity is determined to be a threat to the peace,
health, safety, or general welfare of the public; and
9-35
Ordinance No.
WHEREAS, police officers often are required to make multiple responses to the location
of a gathering where alcoholic beverages are consumed by minors in order to disperse
uncooperative participants, causing a drain on public safety resources and in some cases, leaving
other areas of the City with delayed police response; and
WHEREAS, problems associated with gatherings where alcoholic beverages are
consumed by minors are difficult to prevent and deter unless the City ofChula Vista Police
Department has the legal authority to arrest offenders and direct the host to disperse the
gathering; and
WHEREAS, police ability to abate gatherings on private property where alcohol is
consumed by minors will result in a decrease in abuse of alcohol by minors, physical altercations
and injuries, neighborhood vandalism, and excessive noise disturbance, thereby improving
public safety; and
WHEREAS, it is the intent of the Council that liability under this Ordinance applies to
any person in control of private property who knowingly hosts, permits, or allows a party,
gathering, or event where minors are present and an alcoholic beverage is being consumed by
any minor, where the person in control of the private property knows or reasonably should know
that a minor has consumed an alcoholic beverage; and
WHEREAS, it is the further intent of the Council to impose a duty on any person having
control of any residence or other private property, place, or premises, including any commercial
premises, who knowingly hosts, permits, or allows a party, gathering, or event, to take all
reasonable steps to prevent the consumption of alcoholic beverages by any minor at the
gathering;
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Ordinance No.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as
follows:
SECTION I: That the Chula Vista Municipal Code be amended to add Chapter 9.14,
Sections 9.14.010 through 9.14.070 to read as follows:
Chapter 9.14 Alcohol Consumption by Minors
9.14.010
Purpose and intent.
The City Council finds and declares as follows:
A. The City ofChula Vista, pursuant to the police powers delegated to it by the
California Constitution and as a charter city, has the authority to enact laws that promote the
public health, safety, and general welfare of its residents;
B. The occurrence of parties, gatherings, or events on private property where alcoholic
beverages are consumed by minors, who are under the legal age to consume alcohol in the State
of California, are harmful to the minors themselves and a threat to public health, safety, quiet
enjoyment of property, and general welfare;
C. Minors often obtain alcoholic beverages at gatherings held at private residences or
other private property, places, or premises, including rented commercial premises, which are
under the control of a person who knows or should know of the consumption of alcoholic
beverages by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable
steps to prevent the consumption of alcoholic beverages by minors at these gatherings.
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Ordinance No.
E. The ability of police officers to control gatherings on private property where alcoholic
beverages are consumed by minors is necessary when such activity is determined to be a threat to
the peace, health, safety, or general welfare of the public.
F. Gatherings involving consumption of alcohol by minors, as defined by this chapter,
are unlawful and constitute a public nuisance pursuant to state law and provisions of this
Municipal Code.
G. The purpose and intent of this chapter is: (1) to protect public health, safety, and
general welfare of people and premises in the city, including the quiet enjoyment of property;
(2) to enforce laws prohibiting the consumption of alcohol by minors; and (3) to reduce the costs
of providing police services to parties, gatherings, or events requiring a response by requiring the
person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are
not consuming alcoholic beverages through criminal, civil, administrative, and other penalties as
allowed by state and local law.
9.14.020
Definitions.
For purposes of Sections 9.14.010 through 9.14.070, the following definitions shall
apply:
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (i) 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.
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Ordinance No.
"Gathering" is a party, gathering, or event, where a group of three or more persons have
assembled or are assembling for a social occasion or social activity.
"Legal Guardian" means: (I) a person who, by 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.
"Minor" means any person under twenty-one years of age.
"Parent" means a person who is a natural parent, adoptive parent, foster parent, or
stepparent of another person.
"Premises" means any residence or other private property, place, or premises, including
any commercial or business premises.
"Response costs" are the costs associated with responses by law enforcement, fire, and
other emergency response providers to a gathering, including but not limited to: (I) salaries and
benefits of law enforcement, code enforcement, fire, or other emergency response personnel for
the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and
the administrative costs attributable to such response(s); (2) the cost of any medical treatment for
any law enforcement, code enforcement, fire, or other emergency response personnel injured
responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city
equipment or property damaged, and the cost of the use of any such equipment, in responding to,
remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the
enforcement of Sections 9.14.030 and 9.14.040.
9.14.030
Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to
Public, or Place Not Open to Public.
Except as permitted by state law, it is unlawful for any minor to:
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Ordinance No.
A. consume at any public place or any place open to the public any alcoholic beverage;
or
B. consume at any place not open to the public any alcoholic beverage, unless in
connection with the consumption of the alcoholic beverage that minor is being supervised by his
or her parent or legal guardian.
9.14.040
Hosting, Permitting, or Allowing a Party, Gathering, or Event Where Minors
Consuming Alcoholic Beverages Prohibited.
A. Imposition of Duty and Violation.
I. It is the duty of any person having control of any premises, who knowingly
hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are
controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic
beverages present at the gathering; verifying the age of persons attending the gathering by
inspecting drivers licenses or other government-issued identification cards to ensure that minors
do not consume alcoholic beverages while at the gathering; and supervising the activities of
minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host,
permit, or allow a gathering to take place at said premises where at least one minor consumes an
alcoholic beverage, whenever the person having control of the premises either knows a minor
has consumed an alcoholic beverage or reasonably should have known that a minor consumed an
alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an
alcoholic beverage by a minor as set forth in Subsection A.I of this section.
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Ordinance No.
B. This section shall not apply to conduct involving the use of alcoholic beverages that
occurs exclusively between a minor and his or her parent or legal guardian, as permitted by
Article I, Section 4, ofthe California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage
Control licensee at any premises regulated by the Department of Alcoholic Beverage Control.
9.14.050
Mandatory Minimum Fines.
Criminal violations of Sections 9.14.030 and 9.14.040 shall be punishable, on a first
offense, by a mandatory minimum fine of$IOO.OO, plus statutory penalty assessments, with
neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a
mandatory minimum fine of$200.00, plus statutory penalty assessments, with neither fine nor
assessments stayed or suspended. Notwithstanding other provisions of the Municipal Code,
violations of the provisions of this chapter may also be subject to an administrative fine of
$1,000 per incident, as allowed by Section 9.14.060. The administrative fine shall constitute a
debt of the responsible person to the City, and shall be payable to the City in the manner
provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is
a minor, the parent or guardian of the minor shall be jointly and severally liable under this
section.
9.14.060
Reservation of Legal Options.
Violations of Sections 9.14.030 and 9.14.040 may be prosecuted by the City ofChula
Vista, in the name of the People of the State of California, criminally, civilly, and/or
administratively as provided by the Municipal Code. The City ofChula Vista may seek
administrative fees and response costs associated with enforcement of Sections 9.14.030 and
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Ordinance No.
9.14.040, through all remedies or procedures provided by statute, ordinance, or law. Sections
9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make
arrests for any criminal offense arising out of conduct regulated by Sections 9.14.030 and
9.14.040, nor shall they limit the City ofChula Vista's or the People of the State of California's
ability to initiate and prosecute any criminal offense arising out of the same circumstances
necessitating the application of Section 9.14.030 or 9.14.040.
9.14.070
Local Authority.
Sections 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by
state or federal law.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its final passage.
Presented by
Approved as to form by
Cjg-fv~~~r7
n Moore
(/ City Attorney
Richard P. Emerson
Chief of Police
J:\AttomeyVDA WSON\Ordinances\Social Host (REDLlNE-SO)_04-17~07.doc
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