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HomeMy WebLinkAbout07/18/2006 B A K E R S F I E L D Zack Scrivner, Chair Sue Benham David Couch Staff: Alan Christensen MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Tuesday, July 18, 2006 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT JUNE 20, 2006 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Committee recommendation on City voting delegate and alternate to the League of California Cities Annual Conference - Christensen B. Review and Committee recommendation on cost recovery for Noise Complaints/Cool Parents Ordinance - Gennaro 5. DEFERRED BUSINESS A. Review and Committee recommendation on City Annexation Policy - Christensen 6. COMMITTEE COMMENTS 7. ADJOURNMENT AFT B A K E R S FI EL D' ~ack Scrivner, Chair Staff: Alan Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING TueSday, June 20, 2006 - 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor- City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL Called to Order at 1:03 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David Couch 2. ADOPT MAY 16, 2006 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Review and Committee recommendation on 2006 Legislative Platform Assistant City Manager Alan Chdstensen' proVided an' overview of the information in the Committee packet. The Legislative Platform is a policy document the Council updates and adopts annually. It provides guidelines for legislation the Council would like to support. The Committee. reviewed the*draft update provided by staff in the Committee packet and recommended the following changes to the Legislative Platform:. Under GENERAL POLICY STATEMENTS add the following: SUPPORT LEGISLATION WHICH ENSURES A GOOD, CLEAN, HiGH-QUALITY WATER SUPPLY. LEGISLATIVE AND LITIGATION COMMITTEE Page 2 AGENDA SUMMARY REPORT Tuesday, June 20, 2006 Under QUALITY OF LIFE add the following:.' SuPPoRT LEGISLATION WHICH ENSURES THAT KERN RIVER WATER REMAINS IN THE AREA, AND OPPOSE EFFORTS TO EXPORT IT OUT OF THE COUNTY OF KERN. Committee Member Sue'Benham made a motion to recommend the above changes and to forward the 2006 Legislative Platform to the City Council. The Committee unanimously apprOved the motion. 5. DEFERRED BUSINESS A. Review and Committee recommendation on City Annexation Policy Assistant City Manager Alan christensen provided an update: Last year staff brought to the Committee a recommendation to modify and streamline the current annexation policy. This request was based upon the length of time it took .for the City's most recent inhabited annexations where the residents wanted to come into the City. Changes to State Law have placed the legal responsibility for the annexation process and hearings with the Local Agency Formation Commission (LAFCO). LAFCO has now put their policies in place, which also add to the timeline. . The draft documents prepared by Barbara Fields, Barbara Fowler and Becky Kaiser were also included in the Committee packet. Staff expressed the changes they are proposing will add processes requiring additional staff time and lengthening the timelines for the pre-annexation process. City Attorney Ginny Gennaro gave an opinion from a legal prospective, which did not agree with staff's request to streamline the process. The recommendation of the City Attorney's Office was that Resolution 092-02 be repealed in its entirety and not considered for modification. Any policy the City Council adopts that extends beyond the requirements of State law affords the potential for litigation should any of the steps be missed--regardless of intent. The City Attorney stated to her knowledge other cities in California simply follow State law. State law no longer requires cities to have responsibility in the pre- annexation process. LAFCO is now responsible and all of the public headngs and noticing requirements originate with LAFCO. The City Council would still have State law to guide the City, as well as the Annexation Mission Statement and Council Goals and Policies. Having a written resolution (policy) other than State law leaves the City open for a diSgruntled person to perceive the City did 'not follow its policy and file a lawsuit. Barbara Fields, Barbara Fowler, and Becky Kaiser spoke in support of their proposed policy and related documents, and in opposition to the City's policy. LEGISLATIVE AND LITIGATION COMMITTEE Page 3 AGENDA SUMMARY REPORT Tuesday, June 20, 2006 Committee Member Sue Benham spoke in support of commUnity involvement. However, as the City Attorney gives excellent advice, Committee Member Benham made a motion to support the recommendation of the City Attorney and expressed the City should not overlay State law with a local policy, and the City's policy should be to follow State law. City Manager Alan Tandy explained following State law does not preclude the Councilmember for the area from requesting staff to set up public meetings and provide information for the residents in the proposed annexation area. Committee Member David Couch expressed he would not want to go forward with any policy until the Chief Officer of LAFCO provided his opinion on the City having a pre-annexation policy. He would like staff to provide the Committee with LAFCO's policy for a comparison with the CitY's policy. Committee Member Sue Benham withdrew her motion and requested staff to check with LAFCO and requested the City Attorney to confirm that Bakersfield is unique with its policy and also that it does oveday State law even if the time frames are different. Committee Member Sue Benham expressed perhaps the advocacy from the County residents should be directed toward State law and LAFCO if current.law does not protect residents in the' annexation Process. Committee Member David Couch asked for a change in the Annexation Mission Statement. On bullet four, change "will be in the most hbnorable" to "will be in an honorable." Committee Chair Zack Scrivner asked staff to research the requested information and bring it back to the Committee. 6. COMITTEE COMMENTS 7. ADJOURNMENT The meeting Was adjourned at 2:10 p.m. Staff: City Manager Alan Tandy; Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Police Captain Tim Taylor;, City Clerk Pam McCarthy; and Assistant City Clerk Roberta Gafford Others present: Fred Hupp; Barbara J. Fields; Barbara Fowler; Becky Kaiser; Erin Kaiser; George Martin, Attorney at Law; and David Burger, reporter, The Bakersfield Californian cc: Honorable Mayor and City Council · S:~AC~06 Legislative&Litlgation\LL 06 jun 20 summary, doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM July 10, 2006 TO: LEGISLATIVE AND LITIGATION COMMITTEE CHRISTENSEN, ASSISTANT CITY MANAGER/~.. FROM: ALAN SUBJECT: CITY VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Each year the League of California Cities holds an annual conference for which cities are asked to select a Voting Delegate and Alternate. The Voting Delegate and Altemate are elected leaders or administrative staff appointed by the City Council after recommendation by the Legislative and Litigation Committee. This year the League Annual Conference is scheduled for September 6 - 8, 2006 in San Diego. As resolutions setting League policy direction for the upcoming year are considered during the General Assembly at the Annual Business Meeting, it is especially important for the City to have a Delegate and/or Alternate present. The League's Concluding General Session/General Assembly and Annual Business Meeting will be on Saturday morning, September 9th, Staff recommends appointing a City Councilmember attending the conference as voting delegate and Alan Tandy'as altemate. Recommendations from the Legislative and Litigation Committee will be placed on the City Council's July 19th agenda for approval and will be forwarded to the League. cc: Honorable Mayor and City Council Alan Tandy, City Manager John W. Stinson, Assistant City Manager Pam McCarthy, City Clerk Rhonda Smiley, Public Information Officer S:~AC\06 Legislative&Litigation\MemoVoting DelegateandAItemate.doc 4oo ,: ST, ,,T LEAGUE Sa. cremora'O, CA 95814 (916) 658-8200 OF CALIFORN IA June 7, 2006 TO: Mayors, City Managers and City Clerks RE: Designation of Voting :Delegate and Alternate.fOr 2006 Leagne Anun~l Conference - ~eptember 6-~, Sau Diego Please review this memo carefully, as new procedures have been adopted regarding designation of voting delegates and alternates and voting at the Annual Conference. The League's 2006 Annual Conference is scheduled for September 6-9 in San Diego. An important part of the Annual Conference is the Annual Business Meeting, scheduled for Saturday morning, September 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting your city council must designate a voting delegate and may designate a voting delegate altemate. Please complete the attached voting delegate form and return it to the League's office no later than August 15 so that voting delegate/alternate records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate desk located 'in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. · Action by Council Required. Consistent with League bylaws, a city's voting delegate and alternate must be designated by the city council. When completing the attached voting delegate form, please attach either a copy of the council resolution that reflects the council action taken, or, have your city clerk or mayor sign the form affirming that the " names provided are those selected by the city council. Please note that designating the voting delegate and alternate must be done by city council action and cannot be accomplished by individual action of the mayor alone. · Conference Registration Required. The voting delegate and alternate must be registered to' attend the conference, At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. · Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting card may be transferred freely between the voting delegate and alternate, but only between the voting delegate and alternate. If the voting delegate and alternate find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. -over- · Options. In order to plan ahead for such situations, we suggest that when your council adopts the initial resolution designating the voting delegate and alternate that they also designate in a separate action, a seconal'alternate, should one be needed. Verification of the appropriate city council action to designate the additional alternate should be used by the individual when requesting new alternate status at the voting desk. (Please note: A League bylaws change will be proposed at this .year's conference to increase the number of alternates to two. However, if enacted, such a change will not go into effect until the 2007 conference.) · New Seating Protocol during General Assembly; At the Business Meeting, individuals · with the voting card will sit in a separate area; Admission to this area will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or altemate. If the voting delegate and alternate wish to sit together, both should sign in at the Voting Delegate desk and obtain the special stamps on their badges. The voting procedures that will be used at the conference are attached to this memo. Please share them with your council and especially with the individuals your council designates as your city's voting delegate and alternate. The Voting Delegate desk in the registration area will be open September 6, 7 and 8 and prior to the Business Meeting on September 9. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by August 15, 2006. If you have questions, please call Debbie Kinsey at (9.16) 658-8221. Attachments: · 2006 Annual Conference Voting Procedures · Voting Delegate/Altemate Form ~ ~,F~L i?O'U~ ~ 1400 K Street, Suite 400 · Sacramento, Califomia 95814 . Phone: 916.658.8200 Fax: 916.658.8240 www~cacities.org CITIES Annual Conference Voting Procedures 2006 Annual Conference 1. One City One Vote. Each member city has a right to east one vote on matters pertaining to · League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council designates a voting delegate and an alternate; these individuals are identified in the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 4. Signing Initiated ResolUtion Petitions. Only those individuals registered and with signatures on file with the Credentials Committee may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in.his or her possession the city's voting card and be registered with the Credentials Committee. 6. New Voting Area at Business Meeting. At the Business Meeting, individuals with the voting card will sit in a separate area. AdmiSsion will be limited to those individuals with a special stamp on their'name badge identifying them as a voting delegate or altematel If the voting delegate and alternate wish to sit together,, both should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving Disputes. In case of dispute, the Credentials Committee will deten'nine the validity of signatures on petitioned resOlutions and the right of a city official to vote at the Business Meeting. OF C~L! FOl~'q LA.CITY:· CITIES 2006 ANNUAL CONFERENCE' VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the Leagueofficeby August 15, 2006, Forms'not sent by this deadline may be returned, to the VOtingD~legate Desk located in the AnnUal Conference RegistratiOn Area. In order to vote at the Annual BUSiness Meeting, vOting delegates and alternates must be designated by your cityComiCii. Please attach the:.c6~ei;l.~/es0.1ution aSproof0fd~ignation.. As an alternative, the Mayor or City Clerk may sign this. f0rm~ affirming that' thi~'designafion reflects the action taken by the council. Please note: At this year's conference, voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission .to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternate wish to sit. together at the Business Meeting, they are both encouraged to register at the:voting Desk.in order' to ob~ain the identifying stamp that will admit them to .the special' voting area: 1. VOTING DELEGATE 2. VOTING DELEGATE ALTERNATE Name: Name: Title: Title: ATTEST 0 affirm'that the information' pr0vided' reflects 'actiOn' b' the city cOunCil to desi~ate .the Voting d~egate .an d.alte~ate.) ~ Name: Phone: Title: Date: Please complete.and'return by August 15 to: League of California Cities ATTN: Debbie Kinsey FAX: (916) 658-8240 1400 K Street Sacramento, CA 95814 A C-'2006Vo~i~gDeleg~ mLe~er, doc B A K E 'R S.F I E L D OFFICE OF THE CITY ATTO'RNEY MEMORANDUM July 6, 2006 TO: LEGISLATIVE AND LITIGATION'COMMITTEE viRGiNiA'' ATT EYe. ~~ FROM: GENNARO, CITY __OR. · SUBJECT: COST RECOVERy'I COOL PARENT / ORDINANACE COMPAIRISON At the preVious Legislative and Litigation meeting, the Committee requested that the City Attomey's office compare our cost recovery ordinance (as it concems noise), to other cities. In response, please find attached a memorandum on the subject. The bottom line is that our ordinance is very well structured; however, the Committee may desire to change our ordinance to allow more oPportunity for cost recovery. (ie., four times in a 30 day period results in cost recovery vs.' two times in 12 hours). · Also, our office was asked to review the Ventura ordinance and the proposed Kern County "Cool Parents" ordinance. A comparison is also attached to this memo for the Committee's review and possible direction. VG:do S:\COUNClL\C°mmittee~eg & LlfiO6-O7~Cost Recovery. doc MEMORANDUM CITY A 1-rORNEY'$ OFFICE July 6, 2006 TO: VIRGINIA GENNARO, CITY ATTORNEY FROM: Andrew Whang, Associate City Attorney SUBJECT: Cost Recovery for Noise Complaint Calls: Comparison Chart Comments Question Presented: When police respond to multiple noise complaint calls, current Bakersfield Municipal Code ordinances allow for those responsible to be fined and assessed a service fee to reimburse the City for its costs. How do the Bakersfield Municipal Code ordinances compare with the municipal ordinances of the ten survey cities to which Bakersfield is commonly compared? Short Answer: See the attached chart (3 pages) and the copy of the memo from Captain Tim Taylor (dated May ~24, 2006) describing Bakersfield's current procedures for enforcing existing ordinances. · Comments: -. Bakersfield's ordinances pertaining to loud and unruly events are well structured and detailed in comparison to the ordinances of the ten survey cities. In comparing the ordinances, two general differences can be seen: 1) The Bakersfield Municipal Code addresses loud or unruly events in a specific section of its code, and addresses noise as a nuisance in a different section. In contrast, most of the other survey cities address noise generally (the only exception is Ontario, which has a section specifically addressing "large parties on Private property.") Consequently, some of the survey cities (e.g. Fresno) prohibit noise generated by mechanical equipment or amplified sound systems (radios, CD players, Speakers), but do not address noise generated by 'human activity. 2) Bakersfield specifically defines the procedures for giving notice before charging a service fee for its costs.. Other survey city ordinances generally do not specify a time period in which the individuals responsible for a noisy event become subject to a fee for city costs. Instead, they simply state that a written warning must be given first, after which subsequent responses may result in a fee. (See the "Notice Virginia Gennaro, City Attorney Cost Recovery for Noise Complaint July 6, 2006 Page 2 and Timing Provisions" comments below for the three cities that do specify a time pedod.) We have submitted for the committee's consideration a revision of the Bakersfield ordinances that would allow civil liability to be imposed when city police or fire department personnel respond either four times within thirty days to the same address for loud or unruly events or twice within a twelve hour pedod (as is the current policy). This proposed change would address the potential problem of a location that hOlds loud or unruly events on a weekly basis (for instance every Saturday night), but which does not hold events that last twelve hours or back to back. Further comments on each row of the attached chart are discussed below. Notice and Timin,q Provision~ Most of the survey cities require a wdtten warning to be given to a responsible person at the property where the noise is being generated before a subsequent response may include the penalty, whether. Other than Bakersfield, only 3 other cities specify time periods where further violations of the relevant code sections lead to penalties or costs: · Modesto states that civil penalties (including "administrative costs") are only applicable when there are more than 5 calls within a 90 day period. · Riverside states that there must b® a written Notice to Abate with a deadline of no less than 10 days for abatement of the nuisance. · Stockton. states that if there are three or more civil or cdminal judgments within a two year Period, a court may impose treble the costs of the abatement. Punishment Some cities allow any noise violation to be charged as a misdemeanor or an infraction, while others consider any violation not specifically defined as an infraction to be a misdemeanor. Most of the entdeS list the general misdemeanor punishment for violation of any city ordinance. The actual cdminal punishments and the actual amounts paid in fines for noise ordinance violations are unknown. Oxnard and Pasadena, on the other hand, specifically list their maximum fines and jail sentences associated with noise violations in the code sections that address noise. Virginia Gennaro, City Attorney Cost Recovery for Noise Complaint July 6, 2006 ,Page 3 Cost Recovery Provisions Many of the survey cities do not directly tie noise complaints to 'their cost recovery procedures. Instead, noise is treated' as one of a number of types of nuisances, any of which can be addresSed through abatement proceedings,'as well as accompanying cost recovery procedures. FOr example, the Pasadena Municipal Code sections addressing noise do not address cost recovery directly. However, a general provision in their Code states that '~he property owner or other responsible party may be charged for all city costs and incidental expenses incurred in abating violations of this code." Since unlawful noise is a violation of the code, those responsible can be charged for the city costs invOlved under that provision, but whether Pasadena actually does so (or how frequently it does so) is unknown. The same uncertainty applies to most of the survey cities. AW:do Attachments S:~POLICE\MEMOS\05-0$~Cost Recovery for Noise~Cost Recovery for Noise Memo.doc Noise Ordinance Violations of Bakersfield and 10 Survey Cities Bakersfield Fremont I Fresno I Glendale Notice &Timing Provisions During the first response to a Written notice of any violation of the nuisance (which includes noise), municipal code must be provided the senior police officer on the first, which must include a deadline. scene must deliver a written After this deadline has passed, notice to at least one person. A administrative fees apply to the second or subsequent service second inspection and all other follow, response to a social gathering mai up inspections. (General nuisance result in criminal penalties, procedure) . Parents have joint and several liability if their minor children are responsible for the nuisance. Punishment Fine ~ $1000 per violation Fine < $500, and/or < 6 months jail nuisances generally) Injunctions may also be imposed. (general for many code violations) Cost recovery provisions General abatement cost General abatement cost recovery provisions appear recovery provisions appear~ to be intended for to be intended for building code enforcement, building code enforcement, but may also be applicable but may also be applicable to noise, to noise. Ordinances Fremont Municipal Code Glendale Municipal Code Sec. 3-17105 Sec. 8.36.160 Sec. 3-17115 Sec. 8.36.280 Sec. 3-17120 Sec. 8.36.300 Sec. 3-17130 Sec. 2.90.040 et seq Sec. 4-9105 et seq (general abatement cost recovery) Page I of 3 Noise Ordinance Violations of Bakersfield'and 10 SurveY Cities '~ IModesto IOntario IOxnard IPasadena Notice &Timing Provisions For a second or subsequent cell to a No provisions for notice are stated large party, after a written warning is in the municipal code. given, a police services fee may be imposed. If the person responsible for the large party is a minor, then the or guardians of that minor will ~ and severally liable for the fee. Punishment Police services fee < $500 unless Fine < $1000, and/or < 1 year jail there is injury to a police officer (specific to noise violations) or damage to City property. Each day cen be a separate Each day can be a separate violation. violation. Injunctions may also be sought. Cost recovery provisions The "police services fee" includes Costs or expenses for which the a charge of $75 per hour per police city may be reimbursed accrue officer, plus any medicel costs and. at the time the city first receives City property or equipment damage, a complaint and are recoverable Personnel costs are limited to $500. even if corrected before a nuisance abatement hearing Ordinances! Ontario Municipal Code Pasadena Municipal Code Sec. 4-12.02 Sec. 9.36.250 Sec. 4-12.03 Sec. 9.36.260 Sec. 4-12.04 Sec. 1.30.030 Sec. 4-12.05 Page 2 of 3 Noise Ordinance Violations of Bakersfield and 10 Survey Cities Riverside San Bemardino IStockton I Notice &Timing Provisions --- No provisions for notice are stated in the municipal code. Punishment Infraction: 1st offense: fine < $100; a 2nd offense within 1 yr: fine < $200; further offenses within I yr: fine < $500; a 4th violation can be a misdemeanor < $1000; and/or 6 months Cost recovery provisions In addition to the above, the court may order the guilty party to reimburse City costs of investigating, analyzing, and prosecuting the enforcement action against the guilty party Ordinancesi submission of proof of costs. San Bernardino Municipal Code Sec. 9.48.010 Sec. 9.48.020 Sec. 9.48.030 Sec. 9.48.050 Sec. 1.12.010 Page 3 of 3 REDLINED ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.23 OF THE ~BAKERSFIELD MUNICIPAL CODE RELATING TO LOUD AND UNRULY EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.23 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9,23 ASSESSMENT OF SERVICE FEE FOR COSTS FOR LOUD OR UNRULY EVENTS Sections: 9.23.010 Definitions. 9.23.020 Findings. 9,23.030 Loud or unruly events defined, 9.23.040 Persons responsible for a loud or unruly event. 9.23,050 Civil liability for the costs of a second response to a loud or unrul' event. Penalty and amount of service fee. 9.2: --__ Warning issued at time of !.-.!tl=! res 9.2; --__ Assessment of service fee Notice of assessment of service fee. 9.2; Payment of service fee. 9.2; --__ Small claims enforcement. 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second response to a loud or unruh event from the )erson or responsible for such event S:~AC\06 Legislative&LitigationS9.23.110Noise Rdln.doc -- Page 1 of 7 Pages -- REDLINED 9.23.020 Findin.qs. The city council finds as follows: A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter; B. That frequently, police and fire department personnel are required to respond a second time to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated by reason of the fact that such person or persons failed to take the steps necessary to terminate such unlawful conduct; and C. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second response to such event in those situations in which such person or persons were duly warned that a second response fee would be assessed against them at the time of the initial response to the even~ 9.23.030 Loud or unruly events defined. For purposes of this chapter, the terms loud event and unruly event are defined as follows: A. A loud event means an event or incident which results ,in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the state. 9.23.040 Persons responsible for a loud or unruly event. For purposes of this chapter, a person shall be considered to be responsible for a loud or unruly event if: S 5AC\06 Legislative&LitigationS9.23.110Noise Rdln.doc -- Page 2 of 7 Pages -- REDLINED A. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property;, or B. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or C. Such person accepts responsibility for the event. 9.23.050 Civil liability for the costs of a second response to a loud or unruly event, Any person responsible for a loud or unruly event shall be civilly liable to the city for a service fee which fee shall represent all costs incurred by the city arising out of a second response which is made by the city police or fire department to such event where: A. Any member of the police or fire department initially responded to the event during the preceding twelve-hour period; B. At the time of making such initial res~se, personnel from the city police or fire department warned such person in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time to the event, such person would be assessed a .,.....,.,, ..... ,..'4, ........ ...,,.,.., ,.,,. ..... .... ~. fee as-a¢~ for the city's second response costs in the amount provided for by this chapter; and C. Following such initial response, the city police or 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 ~re~ :gUS written warning. S 5AC\06 Leg/slative&LitigationXg.23.110Noi~ Rdln.doc -- Page 3 of 7 Pages -- REDLINED 9.23.060~ Penalty and amount of service fee. In addition to the penalty provided for in Chapter 1.40 of this code, the of Bakersfield may assess the service fee specified in Section 9.23.050 ~2~'~ pursuant to Chapter 3.70 of this code if the city has satisfied all the conditions stated n' Sect on 9 23.050 9.23.~§ Warninq issued at time of !.-.!t!=l response. Where personnel from the city police or fire department responding to a loud or unruly event determine that the unlawful conduct occurring at such event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any ~erson responsible for the event in lieu of arresting or issuing a citation to such person~ as a result of the event. Such warning shall set forth the date and time of the !,-,iti~l response, a brief description of the unlawful activity complained of and/or observed at event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time to the same or a similar event within a twelve-hour period by reason of the fact that the event continues to be conducted in an unlawful manner, such person~ will be assessed a service fee as-a¢~ for ,= second res)onse costs in the amount provided for b this cha Such warning shall also state that the service if any, shall be in addition to any criminal fine or other sanction arising out of an' arrest of such person or the issuance of a citation to such person as a result of such responseS. Any person issued a written warning in the manner provided for by this section shall sign the warning acknowledging receipt thereof. 9.23.08G~,~ Assessment of service fee Where the city manager or his designee determines that a second response has been made to a loud or unruly event within a twelve-hour period following the initial response to such event, the city manager or his designee shall assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this chapter. Such service fee shall be determined pursuant to Chapter 3.70 and consistent with the costs incurred by the city for all of the police and/or fire department personnel S:L4.C\06 Legislative&LitigationS9.23.110Noise Rdln.doc -- Page 4 of 7 Pages -- REDLINED participating in the second response, or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee. 9.23 .... ~ Notice of assessment of service fee. U to assess a under against a person responsible for a loud or unruly event, the city manager or his designee shall cause notice of the assessment to be served on such person by depositing such notice, first class postage prepaid, in the United States mail addressed to the person at the person's last known address, in addition to setting forth the amount of the ..... '~ ........ ~;~e fee. 9.23.! 00~ Payment of service fee. Every service fee assessed upon a person responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a ° ....,4 ~'~:~?~"~'~i~ ....... responso ~ fee to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee. In addition, in the event of the failure of a person assessed a second recponso fee to pay such fee when due, such person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first became delinquent until the date the fee is paid. S 2AC\06 Legislative&LitigationXg. 23.110Noise Rdln.doc -- Page 5 of 7 Pages -- REDLINED 9.23.'!. I 0~i~ Small claims enforcement. The city or its agent may enforce the assessment of the service fee by filing an action for the collection of money in the small claims court of the county. The city or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and garnishment of wages. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... oo0oo ........ S :~C\06 Legislative&LitigationS9.23.110Noise Rdln.doc -- Page 6 of 7 Pages REDLINED I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW WHANG Associate City Attorney S:~AC\06 Legislative&Litigat ionk9.23.110Noise Rdln.doc -- Page 7 of 7 Pages -- BAKERSFIELD POLICE MEMORANDUM Date: May 24, 2006 To: Operation s Personnel From: Captain Tim Taylor~ Subject: LOUd and/or Unruly Event Enforcement Effective immediately, officers respOnding to loud or unrUly events shal/complete a Loud and/or Unruly Event Form. This form is necessary.to begin a process which provides a means for recovery of the costs incurred"by Police department pers0nnel'~ participating in.a seCond response to a lOud or unrulY eVent..The ~cost ~recoverycan be made'from the person or persons responsible for. SUch event providing tliey were duly warned that a second response fee woUld be assessedlagainst them atthe time of the initial response to the event. - - ' Definitions: - A'lOud event means 'an event or incident WhiCh results in'any:loUd Or'unusUal noise whiCh'disturbs the peace and. quiet of a neighborhood or whiCh causes discomfort or annOyance toany reasonable person of normal Sensitivity residing in the neighborhood and is unlaWful under the provisions oflchapter 9,22 of the Bakersfield Municipal Code or the. laws'Of the state: An untuiy.event isa'ny event or'incident Which' threatens the public health,SafetY · or welfareand is unlawful Under the' provisions of. the Bakersfield MUniciPal code A person shall be considered t°'berespo'nsible fOr'a'loud Or unrUly event if: - ' ' A. Such person is entitled to possession of any. private property on Which the event occurs~ either by reason of the fact that such person is an'oWner entitled to possession of. such property or by reason of the fact that such person is a lesSee 'or tenantentitled to possession of.the: property; or B. Such person is entitled to the use of any public property on .which the event occurs bY reason of any permit or entitlement issued to such person by the city or any. other governmental agency owning or otherWise Controlling the property; or Loud and/or Unruly Event Enforcement May 24, 2006 - Page 2 of 2 C. Such person accepts responsibility for the event. Should an officer respond to an event which fits the criteria listed above, he or she shall complete a Bakersfield Police Department Loud and/or Unruly Event Form. As you can see there are specific requirements involved'including the determination of a "responsible person." The form has a signature line for that Pers0n;'however, the responsible person may refuse to sign the form.. In such an instance,' the officer shall print the person's name on the line followed by the notation "RefUsed to Sign." The canary copy shall' be given to the person determined to be responsible. The officer shall use the'comment.sectiOn of the'f°rrn to indicate;any special' circumstances; identifY the respOnsible Person.in.the text of the Call; ai~d request Communications'Center persOnnel to flag the 'call for the following :12 hoUrs, noting that the.'form was issued. At the end of Shift the Officer Shall Provide the' cOpy to the Records Section' Who will be responsible' for' routing to the Traffic seCtion. If a Situation occurs Where a second reSpOnse is required, the responding officer shall complete a GO titled "Loud and/or Unruly Event." The offiCer Shall recOrd the' facts surrounding the loud or unruly eventand the fact'that his or her response Was the second response, and. that the'form-was completed on the original reSPOnse. The officer shall attempt to make 'contact 'with the original "responsible person" in order to identify him orher ih the' GO.' If th'at person is unavailablethe office~.'shall identify whoever the current "responsible person" is, The controlling c~§e numbershali be the' number assigned o'n the original call With'the. second tag number being'an allied . . number. ... : .......... .... .~_. ;.~.....~ . .~ ..:~ .......~..... .... Records personnel Shall .forward reports of this nature along with'the 'corresPonding Loud and/or Unruly Event Form to .the .Traffi~ SeCtion fOr'the recovery 'of cOStS incurred by the city fOr the second ~esP°nse...~ln situations where Loud and/Or' UnrulY EVent F0rmS are c°mpleted bUt a seCOnd reSPonseis neVer, warranted, th~e~fOr~S ~hall be routed by Records Section personnel, White to records and pink to the OIC office. A clipboard for pink coPies will be maintained inthe. OiC office; ' "' " ' TDT/GM " '" "' ' · · BAKERSFIELD POLICE DEPARTMENT Loud and/or Unruly Event Bakersfield Municipal Code 9.23 -WARNING. If police or fire personnel are required t° respond a second time within 12 hours for the same or similar event, you may be assessed a service fee for the costs of such response. Case Number: Location: Date: Time: hrs. RESPONSIBLE PERSON'S INFORMATION Name: ( Status per BMC 9.23.040 on reverse (circle one): -A- -B- -C-. ) Address: · .. ·Telephone: DOB TYPE OF DISTURBANCF: ".' [] Party' [] Stereo [] Live Band [] Other i.. [] Alcohol Involved [] Minors with alcohol " Proximity to Reporting Person's reSidence: ~ Noise dUration: ~ ~ ii .. [] Constant [] RecUrrent E] Intermittent ·" Approximate number in attendance: · '' Approximate diStance noise can be Clearly heard: Properties in the immediate vicinity: '; ~- '~ CommerCial n ResidenCes [] Religious ~.' Waming received by: ' · · (Signature'of responsible as listed above) · ' Warning issued by: · Badge number: · .~.. Comments: · -NOTICE- Any service fee assessed relative to a second response to this dislurbance shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second response. White: Records Canary: Violator Pink: OIC 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the c t! police and fire department personnel parlicipating in a second response to a loud or unruly event from the person or persons responsible for such event. (Ord. 4183 § · (part), 2004) 9.23.020 Findings. The city council finds as follows: A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter; B. That f~quently, police and fire department personnel are required t° respond a seCond time to the same loud or unruly event after warning the person or person: responsible for such event that the event is being conducted in an unlawful manner and must be terminated by reason of the fact that such person or person., failed to take the steps necessary to terminate such unlawful conduct; and C. That It would be appropriate to reC°ver from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second response to such event in those situations in which such person or persons were duly warned that a second response fee would be assessed against them at the time of the initial response to the event. (Ord. 4183 § 1 (part), 2004) 9.23.030 Loud or unruly events defined. For purposes of Ibis chapter, the terms loud event and unruly event are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and Is unlawful under the prOvisions of this code or the laws of the state. (Ord. 4183 § 1 (pert), 2004) 9.23.040 Persons responsible for a loud or unruly event. For purposes of {his chapter, a person shall be considered to bo responsible for a loud or unruly event if: A. Such person is entitled to possession of any private property on which the event occurs, either by reason of ~he fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or B. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlemenl issued to such person by the city or any other govemmental agency owning or otherwise controlling the property: or C. Such person accepts responsibility for the event. (Ord. 4183 § 1 (part), 2004) 9.23.050 Civil liability for the costs of a second response to a loud or unruly event. Any person responsible for a loud or unruly event shall be civilly liable to the city for a service fee which fee shall represent all costs incurred by the city arising out of a second response which is made by the city r~olice or fire department to such event where: Any member of the police or fire department initially responded to the event during the preceding twelve-hour period: At the time of making such initial response, personnel from the city police or fire department warned such person, in writing, that the evenl wes being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a sec°nd time to the event, such person would be assessed a second response fee as and for the city's second response costs in the amount provided for by this chapter; and Following such initial response, the city police or 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. 4183 § 1 (part), 2004) }.23.060 Penalty and amount of service fee. In addition to the penalty provided for in Chapter 1.40 of this code, the city of Bakersfield may assess the service fee ~pecified in Section 9.23.050 pursuant to Chapter 3.70 of this code if the city has satisfied all the conditions stated in Section 9.23.050. (Ord. 4183 § 1 (part), 2004) }.23.070 Warning Issued at time of Initial response. Where personnel from the city police or fire department responding to a loud or unruly event determine thai the ~nlawful conduct occurring al such event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, ~uch police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person a~ a result of the ;vent. Such warning shall set forth lhe date and time of the initial response, a brief description of the unlawful activity complained of and/or observed al event, the address of he property on which the event occurred, and a statement that if city police or fire departmenl personnel are required to respond a second time to the same or a similar event vithin a twelve-hour period by reason of the fact that the event continues to be conducted i'n an unlawful manner, such person will be assessed a service fee as and for the :ity's second response costs in the amount provided for by this chapter. Such warning shall also state that the service, if any shall be in addition to any criminal fine or other ~anctiOn arising out'of any arrest of such person or the issuance of a citation lo such person as a result of such second response. Any person issued a written warning in the r~anner provided for by this section shall sign the Warning acknowledging receipt thereof. (Ord. 4183 § 1 (part), 2004) r.23.080 Assessment of service fee. Where the city manager or his designee determines that a seCond response has been made to a loud or unruly event within a twelve- tour period following the initial response to such event, the city manager or his designee shall assess a service fee against any person or persons responsible for the event /no was issued a written warning at the time of the initial response to the evenl in the manner provided by this chapter. Such service fee shall be determined pursuant to ;hapter 3.70 and consistent with the costs incurred by the city for all of the police and/or fire department .personnel perticipeting in the second response, or the sum of one ~ousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same loud or unruly event, all such persons shall be jointly and severally able.to the city for the full amount of such fee. (Ord. 4183 § 1 (part), 2004) .23,090 Notice of assessment of service fee. Upon determining to assess a second response fee against a person responsible for a loud or unruly event, the city Janager or his designee shall cause notice of the assessment to be served on such person by depositing such notice, first class POstage prepaid, in the United States mail ddressed to the person at the person's last known address, in addition to setting forth the amount of the second response fee. (Ord. 4183 § 1 (part), 2004) ,23.100 Payhtent of service fee. Every service fee assessed upon a person responsible for a loud or unruly event in the manner provided by this chapter shall be due and ayable on or before the last day of the month Immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the ~llure of a person assessed s second response fee to pay such fee when due, a delinquency penalty of ten percent shall be added to Ihe fee on the last day of each month ~er the due date thereof; provided, however, that the total amounl of such penalties shall not exceed fifty pe~ent of the fee. In addition, in the event of the failure of a person ~sessed a second response fee to pay such foe when due, such person shall be assessed Interest on the amount of the delinquent fee, exclusive of any penalties thereon, the rate of one percent per month, or any fraction thereof, from the dale the fee first became delinquent until th® date the fee is paid. (Ord. 4183 § 1 (part), 2004) 23.'110 Small claims enforcement. The city or its agent may enforce the assessmenl of the service fee by filing an action for the collection of money in the small claims ~urt of the county. The city or its agent may use all legal means lo enforce any judgment obtained against the responsible parties including but not limited to recording an ~stract of judgment and garnishment of wages. (Ord. 4183 § 1 (part), 2004) Oounty Executive Officer April 4, 2006 Board of Supervisors County of Ventura 800 South Victoria Avenue Ventura, CA 93009 SUBJECT: ADOPTION OF AN ORDINANCE IMPOSING FINES, COSTS, AND OTHER CONSEQUENCES FOR HOSTING GATHERINGS OF UNDERAGE DRINKERS RECOMMENDATIONS: 1. Introduce, read in title only, and waive further reading of the attached Ordinance, which will impose a civil fee against social hosts and landowners for the recovery of costs associated with providing an appropriate response for loud and unruly gatherings where alcoholic beverages are being served to or consumed by underage persons. 2. Set second hearing and adoption of the final ordinance for April 18, 2006, at 9:30 a.m. FISCAL IMPACT: Fiscal impact is anticipated to be minimal. DISCUSSION: At your meeting of December 6, 2005, your Board directed the County Executive Office to work with the Sheriff's Department, the Behavioral Health Department, and County Counsel to review adopting a Social Host Liability Ordinance for the unincorporated areas of the County in order to offer a more easily enforceable disincentive for adults considering furnishing alcohol to minors. Hail of Administration L'# 1940 800 South Victoria Avenue, Ventura, CA 93009 · (805) 654-2680 · FAX (805) 654-5106 · Board of Supervisors Adoption of Social Host Ordinance April 4, 2006 Page 2 Supervisors Kathy Long and Steve Bennett presented a draft ordinance for consideration and discussion at your meeting of March 28, 2006. Based on direction provided at that meeting, the attached Ordinance reflects a revision stating the owner of pdvate property shall be determined as recorded by the Ventura County Clerk and Recorder. This Ordinance provides a mechanism to hold hosts financially responsible for the costs of responding to gatherings on private property where underage persons are consuming alcohol. In cases where a juvenile hosts a loud or unruly gathering, a provision is made for an altemative penalty in the Direct Work Program, supervised by the Ventura CoUnty Probatio'n Agency. The Sheriff's Department, the Behavioral Health Department, the Probation Agency, and County Counsel have reviewed this Ordinance. If you have questions regarding this.~.~r~p'lease contact Suzy Watkins at 654-2685 or Paul Derse at 662-6792. · ~John F. Johnston County Executive Officer 'Attachment ORDINANCE NO. An Ordinance of the Ventura County Board of Supervisors Imposing Fines, COsts, and Other Consequences for Hosting Gatherings of Underage Drinkers The Board of Supervisors of the County of Ventura ordains as follows: Article 1.1 of Chapter 1 of Division 6 is hereby added to the Ventura County Ordinance Code to read as follows: Article 1.1 Social Hosts Liability Sec6113: TITLE This Ordinance shall, be known as the Ventura County Social Host O~'dinance. Sec. 6113-1: FINDINGS, INTENT, AND PURPOSE The Board of Supervisors, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The occurrence of loud and unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential prop- erty and the general welfare. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows, or should know, of the underage consumption of alcohol. The Board of Supervisors .finds that in too many cases, persons having possession or control of private property who are responsible for the occurrence of loud or unruly gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. Furthermore, problems associated with loud or unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Ventura County Sheriff has the legal authority to direct the host to disperse the gathering. In the past and present, law enforcement, fire and other emergency response services personnel have, and .are required to, respond, sometimes on multiple occasions in the same'calendar year, to lOud and unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons, resulting in a disproportionate expenditure of public safety resources and delaying officia!...responses to regular and emergency calls in the rest of the County. Additionally, underage drinking at such gatherings has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social Violence, and incidents of sexual assault. The intent of this Ordinance is to protect the public health, safety, and quiet. enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes strict liability on property Owners .and other responsible persons for loud and unruly gatherings that allow underage drinking is necessary to deter and prevent such gatherings. Persons who actively and passively aid;. allow, or tolerate such loud gatherings shall be held strictly liable for the nui- sances created by such gatherings and the costs associated with responding to such gatherings. The purposes of this Ordinance are to protect the public health, safety and general welfare, to deter the service to, and consumption of alcoholic beverages by, underage persons, and to reduce the costs of providing police, fire, and other emergency response services to loud or unruly gatherings. These purposes are implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) as well as the imposition of a civil' fee for the recovery of costs incurred by the County in providing appropriate law enforce- ment, fire, and. other emergency responders for loud and unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons. For these reasons, the Board of Supervisors declares that loud or unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is a threat to the peace, health, safety and general welfare of the public. Such gatherings constitute a public nuisance as they affect at the same time the entire community of Ventura County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the Sheriff under Government Code section 25845, subdivision (a). Sec. 6113-2: DEFINITIONS For the purposes of this Ordinance, the following terms shall have the following meanings: (a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spidts of wine, from whatever source or by whatever process produced. (b) "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 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. (c) "Response costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings including but not limited to: 1) salaries and benefits of law enforcement, fire or other emer- gency' response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with loud or unruly gatherings, and the administrative costs attributable to such response(s); 2) the cost of any medical treatment to or for any law enforce- ment, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering; 3) the cost of repairing any County 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 loud or unruly gathering; and 4) any other costs recoverable in compliance with California Civil Code section 1714.9. d) "Juvenile" means any person under eighteen years of age. e) "Underage person" means any person under twenty-one years of age. f) "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or other private property conducted in such a manner as to constitute a substantial disturbance of the quiet enjoy- ment of private or public property in a significant segment of a neighborhood, as....a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare. (g) "Responsible person" means a person or persons with a right of pos- session of the residence or other private property at which a loud or unruly gathering is conducted, including, but not limited to: 1 ) any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the loud or unruly gathering, wheresoever that person or entity may currently reside; 2) a tenant or lessee of the residence or other private properly; 3) the landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior loud or unrul'y gathering at the same residence 'or other private prop- erty; 4) the person(s) in charge of the residence or other private property; and 5) the person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering. A responsible person for the loud or unruly gathering need not be present at such 4 gathering resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section. (h) "Residence" or "other private property" means a home, yard, apart- ment, condominium, hotel or motel room, or other dwelling unit, or a hall or .meeting room, whether occupied on a temporary or perma- nent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation. Sec. 6113-3 RESPONSIBILITY FOR PROPER PROPERTY MANAGEMENT Every owner, occupant, lessee or holder of any possessory interest of a residence or other private property within the County of Ventura is required to maintain, manage and supervise the property and all persons thereon in a man- her so as not to violate the provisions of this Ordinance. The owner of the prop- erty remains liable for such violations regardless of any contract or agreement with any third party regarding the property. Sec. 6113-4 PENALTIES FOR VIOLATION OF ORDINANCE It is a civil violation of this Ordinance, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Such a violation subjects any and all responsible persons to a civil money penalty of $1000 in addition to any recovery of response costs that might be imposed under Section 6113-5. Violations of this section shall be noticed by citation, issued by the Sheriff, to any and all responsible persons identified by the Sheriff within 30 days of the loud or unruly gathering at a residence or: other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs..The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation, the time for requesting that hearing and the warning relating to the recovery of response costs for subse- quent citations under this ordinance as described under Section 6113-5. 5 In the event that a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties and response costs incurred pursuant to the Ordinance. In the event that an underage person is found to be a responsible person as defined by this ordinance, the underage person may elect to serve 40 hours in the Direct Work Program and pay the program fees as an alternative to paying the civil money penalty of $1000... The parents or guardians of a juvenile found to have hosted a loud or unruly gathering may also elect to have that juvenile serve 40 hours in the Direct Work Program and rpay the program fees as an alternative penalty to paying the civil money penalty of $1000. The Direct Work Program, administered by the Ventura County Probation Agency, shall retain the discretion to admit, or deny admission to, the program as the standards and program policies applicable to the Direct Work Program allow. Failure to gain admission to the Direct Work Program, and failure to complete the Direct Work Program after admission, shall restore the original civil money penalty of $1000 immediately and without further right to appeal. Failure by either an underage person or a juvenile host to complete the alternative penalty within one calendar year of the issuance of the citation shall result in the penalty being converted to a civil money penalty of $1000. No reduc- tion in the penalty is authorized for completion of less than 40 hours of community service. Sec. 6113-5 RECOVERY OF RESPONSE COST.~ When a law enforcement, fire, or other emergency response provider. makes an initial response to a loud or unruly gathering at a residence or other private .property within the County of Ventura, the official shall, in writing, inform any responsible person(s) for the gathering at the scene that: (a) The official has determined that a loud or unruly gathering exists; and (b) Responsible person(s) will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a 12-month period. This warning will be given to all identified responsible persons at the time of the first response to a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs within the County before assessing response services costs pursuant to this section for subsequent responses within a 12-month period. Within 30 calendar days.- of the initial response an additional written warn- ing shall be transmitted via certified mail to the record owner of the private property as shown in the records of the Ventura County Clerk and Recorder's Office. When a law enforcement, fire or other emergency response provider responds to a loud or.unruly gathering at a residence or other private property within the County of Ventura within 12 months of a warning or citation given to a responsible person at the same location for a prior loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs, all responsible persons shall be jointly and severally liable for the County's costs of responding to that loud or unruly gathering and all subsequent loud or unruly gatherings at the residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs during the warning period. Such costs are deemed to be costs incurred in the physical abatement of the public nuisance. This section applies' to the costs of abatement of the summary nuisance described in Section 6113-4 and costs are recovered pursuant to California Government Code section 25845, subdivision (b). Sec. 6113-6 BILLING AND COLLECTION OF RESPONSE COSTS The amount of response costs shall be deemed a debt owed to the County by the responsible person held liable in Section 6113-5 and, if a juvenile, by the juvenile's parents or guardians. Any person owing such costs shall be liable in an administrative civil action brought in the name of the County for recovery for such costs, including reasonable attorney fees. 7 The Sheriff shall mail notice of the costs for which the responsible person is liable, on behalf of all response providers, via certified mail within 30 calendar days of the response giving rise to such costs. The Sheriff shall calculate and compile an itemized list of the applicable response costs. The notice shall con- tain the following information: (a) the name(s) of the person(s) being held liable for the payment of such costs; (b) the address of the residence or other private property where the loud or unruly gathering:.occurred; (c) the date and time of the response; (d) the law enforcement, fire or emergency service provider who responded; (e) the date and time of any previous warning given pursuant to Section 6113-5 and/or previous responses to loud or unruly gather- ings at the residence or other private property in question within the previous 12 months; (f) an itemized list of the response costs for wh!ch the person(s) is being held liable; and (g) information regarding the date payment is due; (h) the right to request an administrative hearing to challenge the imposition of response costs; (i) the imposition of a lien on the subject property in the event of non- payment of response costs; and (j) the election by the County under Government Code section 25845, subdivision (c), to allow for recovery of the prevailing party's attorney fees in the event of an administrative hearing or subsequent appeal. The responsible person must remit payment of the noticed response costs to .the County of Ventura within 45 days of the notice thereof. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 6113-8. 8 If a timely request for an administrative hearing pursuant to Section 6113-8 is not made, such costs, if unpaid within 45 days of notice, shall become a lien against the property with the priority of a judgment lien: If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to responsible for any costs pursuant to this section, such costs, if unpaid within 45 days of notice of the final determina- tion, shall become a lien against, the property with the priority of a judgment lien. in either case, a notice of lien shall be filed with the County Clerk and Recorder's Office which states the identity of the record owner or possessor of the property, the date upon whi~:h the citation was issued, a description of the real property subject to the lien, and the amount of the abatement costs incurred to date. It is the intent of the Board of Supervisors that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the County Executive Office shall cause a supplemental notice of abatement lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and recorder's document number of the odginal notice. Sec. 6113-7 CUMULATIVE REMEDIES Nothing in this Ordinance shall be construed as a waiver by the County of Ventura of any right to seek reimbursement for actual costs of response services through other legal remedies or procedure. Sec. 6113-8 ADMINISTRATIVE HEARING ON CHALLENGED CITATIONS AND/OR-RESPONSE COST RECOVERY ASSESSMENTS Any person subject to a civil money penalty pursuant to Section 6113-4 and/or response costs recovery fees pursuant to Sections 6113-5 and 6113-6 shall have the right to request an administrative hearing before an impartial Hearing Officer within 45 days of the issuance of a citation and/or notice of the imposition of response costs under this ordinance, pursuant to the authority granted to the Board of Supervisors by Government Code section 25845, subdivision (i). To request such a hearing, the person requesting the hearing shall notify the Ventura County Executive Office in writing.- 9 The Ventura County ExecUtive Office shall assign a neutral Hearing Officer within 90 days of the enactment of this Ordinance for the purpose of conducting such administrative hearings as may be required. The Venture County Executive Office may contract for the services of neutral Hearing Officers as appropriate and the Hearing Officers may be compensated for their services. All hearings under this chapter shall be governed by the procedures established in Sections 13102-1, 13102-2, and 13103 of the Ventura County Ordinance Code. The costs of the administrative hearing shall be assessed to the respons- ible person in addition to any O~her fines and penalties in the event that the cita- tion is upheld. Pursuant to Government Code section 25845, subdivision (c), the County of Ventura may elect, at the initiation of proceedings under this section regarding abatement of the nuisance described in this chapter, to seek recovery of its attorney fees. That election shall be noticed to the liable party at the time notice of the applicable costs is provided to the liable party under Section 6113-6. In. that event, attorneys' fees may be recovered by the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the County of Ventura in the action or proceeding. sec. 6113-9 CIVIL APPEAL AFTER HEARING Any person upon whom is imposed a penalty pursuant to Section 6113-4 and/or response costs recovery fees pursuant to Sections 6113-5 and 6113-6 shall have the right to appeal the imposition of such penalty or fees within 20 days after service of the final decision issued by the administrative hearing officer pursuant to Government Code section 53069.4, subdivision (b), and applying the procedures detailed therein, if, and only if, that person first properly requests and obtains a hearing under Section 6113-8 of the Ventura County Ordinance Code. 10 Sec. 6113-10 SEVERABILITY If any provisions of this Ordinance or its application to any person or cir- cumstance is held invalid, the invalidity does not affect other provisions or appli- cations of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. Sec. 6113-11 PROTECTED ACTIVITIES This ordinance shall n°t:~pply to activities protected by article I, section 4 of the California Constitution. Sec. 6113-12 ENFORCEMENT AUTHORITY A loud or unruly gathering at a residence or other private property at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and. safety and shall be summarily abated by the Sheriff by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this ordinance as well as citation and/or arrest of any law violators under any other applicable ordinances and state statutes such as: Ventura County Ordinance Code ("VCOC") Section 6112 (Consumption of Alcohol in Public Places); VCOC Division 6, Chapter 1, Article 6 (Sale and Display of Drug Paraphernalia to Minors); VCOC Division 6, Chapter 2, Article 11 (Loud or Raucous Nighttime Noise in Residential Zones); VCOC Section 6249 (Juvenile Loitering); VCOC Section 6281 et seq. (Abandoned Vehicles a Public Nuisance); VCOC Division 13 (Abatement of Public Nuisances); Penal Code section 374 et seq. (Litter); Penal Code section 647 (Public Intoxication/Obstruction of Public Way); Business and Professions Code section 25658 (Selling Alcohol to Minors); Vehicle Code section 23224 (Possession of alcoholic beverage in vehicle, persons under 21); and Penal Code section 12020 et seq. (Unlawful Carrying and Possession of Concealed Weapons). The District Attorney and the Sheriff are authorized to administer and enforce the provisions of this chapter. The District Attorney and the Sheriff may exercise any enforcement powers provided by law in executing this ordinance. 11 Sec. 6113-13 EFFECTIVE DATE This Ordinance shall take effect on PASSED AND ADOPTED this _ day of ,2006, by the following vote: AYES: Supervisors NOES: ABSENT:' CHAIR, BOARD OF SUPERVISORS ATTEST: JOHN F. JOHNSTON, Clerk of the Board of Supervisors, County of Ventura, State of California. By: Deputy Clerk of the Board 12 Kern County "Cool Parents" Ordinance FACT S H E ET I) "Social host" ordinance will impose a civil fee on adults and juveniles where alcoholic beverages are being served to or consumed by underage persons. Impose: a) $1,000 fine on adults who have an underage drinking party b) 40 hours of community service c) Recovery ofresponse costs d) Lien on property II) How can it be implemented? a) Kern County can implement in the unincorporated areas (including county islands within Metro Bakersfield) b) The eleven incorporated cities in Kern County would need to bring this! ordinance before its respective City Councils for adoption and implementation within their city boundaries III) Advantages a) Provides a mechanism to hold adult hosts responsible b) Warning will:, be issued at the time of the first response c) Direct Work ~Program available for juvenile hosts d) AdministratiVely handled e) Benefit of not going through the District Attorney's office f) Right to request an administrative hearing to challenge the citation before an impartial Hearing Officer g) Subsequentiright to appeal imposed penalties or fines IV) Disadvantages a) Possible legal challenge to "Recovery of Response Costs" b) 45 days may be insufficient time to collect monies before a lien is placed on the property BAKERSFIELD: Chapter 9.23 Assessment of Service fee VENTURA COUNTY: Social Hosts Ordinance for Costs for Loud or Unruly Events Reduce costs incurred by public agencies which respond to Purpose of law Recovery for costs incurred by public agencies for second loud or unruly events involving the consumption of response incidents to a loud or unruly event, alcoholic beverage by underage persons. It is a civil violation of this ordinance, and a public Police or fire department initially respond to a loud or nuisance constituting an immediate threat to public health unruly event, warn responsible persons in writing of and safety warranting summary abatement, for any consequences of a second response. Police or fire responsible person to conduct or allow a loud or unruly Events~ Tri~,~erin8 Penalties departments required to respond a second time to the event gathering at a residence/private property at which service because the event was continued to be conducted in an unlawful manner. (Within a twelve hour period) to, or consumption of alcoholic beverage by, underage Maximum fine is $1000) persons occurs. Responsible persons fined $1000 in addition to any recovery .of response costs. Additionally, responsible persons will be charged for any response costs required for subsequent responses to the scene for a loud or unruly gathering within a 12 month period. (This subsequen event does not need to involve underage consumption of alcoholic beverag6s) Persons entitled to possession of private property involved, Persons with a fight of possession of private property LiablePersons involved, either by capacity as an owner or a tenant or either by capacity as an owner or a lessee or tenant, lessee. Landlord of another person responsible for the gathering, if Does not specifically hold landlords liable, landlord has received notice of a prior loud or unruly gathering at same property. Persons entitled to the use of any public property involved, by way of permit or entitlement issued by city or other Does not address public property. governmental agency. · Persons who organize, supervises, officiates, Conducts or controls the gathering or any other person accepting Persons accepting reSponsibility for the event. responsibility for such a gather. (Presence at the property is not required, nor is knowledge) No equivalent in the ordinance. Persons in charge of the residence or other private property. If two or more responsible persons, all will be jointly and No eqUiValent in the ordinance. severally liable for the full service fee Responsibility for Property Property Management: Any persOn with a possessory interest in the property is required to maintain, manage and supervise the property and persons No equivalent· in the ordinance. thereon as to not violate this ordinance. Owner will be held liable regardless of any contract / agreement with third parties regarding the property. Underage persons held liable: If the loud / unruly gathering is hosted by a juvenile, then the parents or guardians will be No equivalent in the ordinance, jointly and severally liable for anY penalties. Underage person and parents or guardians may elect to. serve 40 hourse in the Direct Work Program and pay the program fees as an alternative to paying the civil penalty of $1000. Costs associated with response by law enforcement, fire and other emergency responsive providers to loud and All costs incurred by the city for all of the police and/or fire unruly gathers. (Salary of public agency Workers and Response costs del'med, department personnel Participating in second response, or administrative Costs, medical treatment of responding the sum of one thousand dollars, whichever is less. personnel, cost of damaged equipment or property · damaged, other costs in compliance w/Cal. Civ. Code section 1714.9. Event resulting in loud or unusual noise disturbance which Substantial disturbance of the quiet enjoyment of private or Loud or Unruly Event Defined disturbs/annoys, or an event which threatens the public public property as a result of conduct constituting a health, safety or welfare and is unlawful under this code or violation of law. (excessive noise, excessive traffic, state laws. obstruction of streets, public drunkenness) Section 2. Chapter 9.34 is hereby added to the Kern County Ordinance Code to read as follows: CHAPTER 9.34 , SOCIAL HOST LIABILITY 9.34.010 Findings, Intent, and Purpose. The Board of Supervisors, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The occurrence of loud and unruly gatherings on private property Where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows, or should know, of the underage consumption of alcohol The Board of Supervisors finds that in too many cases, persons having possession or control of private property who are responsible for the occurrence of loud or unruly gatherings on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these gatherings. Furthermore, problems associated with loud or unruly gatherings where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Kern County Sheriff has the legal authority to direct the host to disperse the gathering. In the past and present, law enforcement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly gatherings on private property at which alcoholic beverages are served to, or consumed by, underage persons, resulting in a disproportionate expenditure of public safety resources and delaying official responses to regular and emergency calls in the rest of the County. Additionally, underage drinking at such gatherings has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault. The intent of this Chapter is to protect the public health, safety, and quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes stdct liability on property owners and other responsible persons for loud and unruly gatherings that allow 2 underage drinking is necessary to deter and prevent such gatherings. Persons who actively and passively aid, allow, or tolerate such loud gatherings. The purposes of this Chapter are to protect the public health, safety and general welfare, to deter the service to, and consumption of alcoholic beverages by, underage persons, and to reduce the costs of providing police, fire, and other emergency response services to loud or unruly gatherings. These purposes are implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) for loud and unruly gatherings where alcoholic beverages are served to or consumed by, underage persons. For these reasons, the Board of Supervisors declares that loud or unruly gatherings on private property where alcoholic beverages are served to, or consumed by, underage persons is a threat to the peace, health, safety and general welfare of the public. Such gatherings constitute a public nuisance as they affect at the same time the entire community of Kern County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting'summary abatement by the Sheriff under Government Code section 25845, subdivision (a). 9.34.020 Definitions. For the purposes of the Chapter, the following terms shall have the following meanings: A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. B. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, 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. C. "Juvenile" means any person under eighteen years of age. D. "Underage person" means any person under twenty-one years of age. E. "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or other private property conducted in such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood,-as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, public drunkenness or unlawful public consumption of alcohol or alcoholic beverages, assaults, batteries, fights, domestic violence or other disturbances .of peace, vandalism, litter, and any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare. F. "Responsible person" means a person or persons, with a right of possession of the residence or other private, property at which a loud or unruly gathering is conducted, including, but not limited to: 1) any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the loud or unruly gathering, wheresoever that person or entity may currently reside; 2) a tenant or lessee of the residence or other private property; 3) the landlord of another person responsible for the gathering, provided that the landlord has received notice of a prior 'loud or unruly gathering at the same residence or other private property; 4) the person(s) in charge of the residence or other private property; and 5) the person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering. A responsible person for the loud or unruly gathering need not be present at such gathering resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly gathering is not pre-requisite to a finding that any specific individual is a responsible person as defined by this section. G. "Residence" or "other private property" means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting roOm, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation. 9.34.030 Responsibility For Proper Property Management. Every owner, occupant, lessee or holder of any posSessory interest of a residence or other private property within the County of Kern is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this Chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property. 9.34.40 Penalties for Violation. It is a civil violation of this Chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow a loud or unruly gathering at a residence or other private property at which 4 service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Such a violation subjects any and all responsible persons to a civil money penalty of $1000. Violations of this section shall be noticed by citation, issued by the Sheriff, to any and all responsible persons identified by the Sheriff within 30 days of the loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation, the time for requesting that hearing. In the event that a loud or unruly gathering at a residence or other private property at which service to, or consumption of alcohol or alcoholic beverages by underage persons occurs is hosted by a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable or any penalties incurred pursuant to this Chapter. In the event that an underage person is found to be a responsible person as defined by this Chapter, the underage person may elect to serve 40 hours in a community service program, as approved by the Sheriff or Probation Officer as appropriate and pay any required program fees as an alternative to paying the civil money penalty of $1000. The parents or guardians of a juvenile found to have hosted a loud or unruly gathering may also elect to have that juvenile serve 40 hours in community service and pay the program fees as an alternative penalty to paying the civil money penalty of $1000. The community service program shall retain the discretion to admit, or deny admission to, the program as the standards and program policies applicable to that program allow. Failure to gain admission to a community service program, and failure to complete the program after admission, shall restore the original civil money penalty of $1000 immediately and without further right to appeal. Failure by either an underage person or a juvenile host to complete the alternative penalty within one calendar year of the issuance of the citation shall result in the penalty being converted to a civil money penalty of $1000. No reduction in the penalty is authorized for completioh of less than 40 hours of community service. 9.34.050 Cumulative Remedies. Nothing in this Chapter shall be construed as a waiver by the County of Kern of any right to seek reimbursement for actual costs of response services through other legal remedies or procedure. 9.34.060 Right to appeal administrative order to Board of Supervisors. A. A responsible party who is subject to an administrative penalty issued pursuant to Section 9.34.040, may contest the administrative penalty by filing an appeal with the clerk of the board of supervisors within fifteen (15) days from service of the administrative penalty. B. The board of supervisors may reverse, .affirm wholly or partly, or modify the administrative penalty. The decision of the board of supervisors on any such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons. C. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued pursuant to this chapter, may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of'Civil Procedure, any person who contests the final administrative order issued under this chapter regarding the imposition, enforcement of collection of the administrative penalties imposed, may seek judicial review of the order by filing an appeal with the Superior Court within twenty (20) days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the dght to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not Stay any action specified in the order. 9.34.070 Protected actiVities. This Chapter shall not apply to activities protected by article I, section 4 of the Califomia Constitution. 9.34.080 Enforcement authority. A loud Or unruly gathering at a residence or other private property' at whiCh service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Sheriff by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this Chapter as well as citation and/or arrest of any law violators under any other applicable ordinances and state statute. The District Attorney and the Sheriff are authorized to administer and enforce the provisions of this chapter. The District Attorney and the Sheriff may exercise any enforcement powers provided by law in executing this Chapter. Section 3. Severability. If any clause, 'provision, sentence or paragraph of this ordinance, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not effect the other provisions of this ordinance which still remain in effect, and to its end, it is hereby declared that the provisions of this ordinance are severable. SDS:gm #137453 06.1010 BOARD :cident is wake-up call Target '¢ool. parents' 9 drive and obey bnsi¢ *l~ ~' °st ~.~i~q~at least betty hmmnor to hnn8 ovor irresponsi. ': ent~'who~:tuanye~d IV! .one*'partFcentnd.,'r~yorethe bleadult~Andffhomesm.erupemd~-: '--w-~-nemesw'nerethe'coo]pat~,, used for teen dflnldng parties, law abe ddn]dn8 of ~ tire. ., the othor ~ or host teen drinking par- resp~ costs -- 8ddim, ~3,000 to ingthemdofthescbool Tn the wRke oF trufl~c accidents se~ sentences for hoslb~.~ intotbeaduitworM, involvin8 drunk Uelm~ clovers, we Pa~esintheirhome~. s~blLBepmud~.Talk always ~ Whc~e did the~ 8et the TWocitiesinVentuntCoun~eireedy srparentsorarmpon, board a~ to impose $1,000 civil join the eflbrt. . . t a ride home. fines on adults who allow or ot~ How many Kern Coum3*teens have n~ enouah and no law ~ drtnktn~ parties in their behur~orkllled, howmanyotborpe~ pie on the road hav~ to fall victim tO' ,ultimate rmpon~ibili- Althou~ state Luw long has held underage drunk drivers befol~ local' lawmakers rot*ce "axd parents" m ~. mm~ nmb parties, a civil fi~e is a responsible? B A K E R S F I E L D CITY CLERK'S OFFICE MEMORANDUM July 13, 2006 TO: Legislative & Litigation Committee FROM: Pamela McCarthy, City Clerk~ · SUBJECT: Survey of Cities Regarding Annexation Policy At the request of the Committee, I placed a survey question on the City Clerk's "List Serve." Through this venue, I sent an e-mail requesting information to 345 City Clerks throughout the State, with only five responding. No one reported having a policy that is as detailed or complicated as our current policy. Those that responded were merely recaps of the State Law and LAFCO procedures. There were no specifics regarding dates, times or language to be used in notices. There were no particulars regarding neighborhood meetings and there were none reported holding any Pre-LAFCO hearings before the City Council. Additionally, I requested information from each of the eleven incorporated cities in Kern County. California City, Maricopa, McFarland, Shafter, Tehachapi and Wasco responded that they follow LAFCO guidelines only. Arvin, Delano, Ridgecrest and Taft failed to respond. The following' is a recap of the responses received. City Information Provided CIOVris Most of their annexations are rural residential where the homeowners are looking for services. The City enters into Annexation Agreements with the Property, which outlines the services to be provided, zoning, etc. They do not however, have a formal "Pre-Annexation" procedure. Gilroy Their Policy is more of a Guideline focusing on zoning, agriculture and special districts. It does not address steps to be taken prior to proceeding with annexation. It does not provide a time-line nor does it reference neighborhood meetings or FAQ's. Legislative & Litigation Committee Re: Survey of Cities regarding Annexation Policy July 13, 2006 Irvine They follow LAFCO only. Montclair No formal written policy. They do have a process used in recent years, which include informal workshops to discuss impacts and have available a Q & A sheet available. There is no specific time-line referenced. Santa No formal written policy. They do have a Clarita process, which includes a Community Meeting. No specific time frame outlined and no Protest Hearing other than LAFCO. S:\MEMOS\COUNCIL\Leg&Lit-Annex Survey3.DOC Page 2 of 2 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD AMENDING AND RE-AFFIRMING CITY'S ANNEXATION MISSION STATEMENT AND ESTABLISHING A PRE-APPLICATION PROCESS FOR ANNEXATIONS. WHEREAS, the City Council for the City of Bakersfield adopted an Annexation Mission Statement on February 21, 1996 which outlines several reasons why the City pursues annexations and the manner and outcomes which are expected to result from said annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, State law requires the annexation procedure to be under the auspices of the Local Formation Agency Commission (herein "LAFCO"); and WHEREAS, annexation remains an identifiable-goal of the City Council, a recommended positive step in the Vision 2020 Plan, and a supported finding from the 1999-2000 Kern County Grand Jury; and WHEREAS, the City Council intends to disseminate annexation information prior to the involvement of LAFCO and desires to assure citizens that to the extent annexation information is provided by the City, that it occurs in an honorable, courteous, informative, timely and honest manner; and WHEREAS, the City desires to re-affirm the goals and pledge of said Mission Statement by establishing a Pre-Application Process which will govern how City Council and City staff handle annexations, prior to the involvement of LAFCO; and WHEREAS, the Pre-Application Process will include a number of steps, to notify the property owners/occupants within the proposed area o~o of wh!ch ~v,v. ~"~"'"" *~".,,v __..v. v,,v.~~'~'"r"+~""~ ~,,,~... ,--vv~, .~..~' prior to adoption of the Resolution of Application. NOW THEREFORE, incorporating the above recitals herein, the City Council for the City of Bakersfield hereby: 1. Amends and re-affirms the Annexation Mission Statement adopted by the Bakersfield City Council on February 21, 1996, attached hereto as Exhibit "A" and incorporated by reference herein. 2. Adopts the Annexation Pre-Application Process attached hereto as Exhibit "B" and incorporated by reference herein. 3. This Resolution supersedes Resolution 029-02. -oo0oo- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney :pmc S:\HEARINGS~ANN EXSPolicy\RedLine Strikeout~AnnexReso. DOC Created on 6/21/2006 1:11:00 PM EXHIBIT "A" ANNEXATION MISSION STATEMENT The purpose of the City of Bakersfield's annexation efforts is to provide clear consolidated boundaries which result in the most effective delivery of urban services and in the most efficient use of taxpayer dollars. In fulfilling this mission, we, the city of Bakersfield elected officials and staff pledge the following: · To deliver services to citizens within newly annexed county areas more efficiently and with a greater transfer of benefits as a result of becoming a part of the City; and · To provide quality services to citizens in the most efficient, effective and courteous manner possible; and · To encourage current and future residents to participate in determining the direction and spirit of the City and its neighborhoods; and · To assure our contact with citizens will be in the-me~ an honorable, courteous, informative, timely and honest manner in our efforts to encourage adjacent residents to unite with the City of Bakersfield; and · To make continual efforts to improve the quality of life, the delivery of services and the community spirit within and around Bakersfield; and · To preserve the integrity of each property owner's vote, by not combining non- contiguous areas on the Resolution of Application, unless 100% owner approval is received in writing by the City. EXHIBIT "B" AN N EXATION PRE-APPLICATION PROCESS The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: · Identify Proposed Annexation Area Development Services Department - Planning Division will identify the proposed annexation area, based on request by City or Citizens to initiate annexation. · Notify City Council The Development Services Director will notify the Council, in writing of the annexation proposal. This notification, by way of memorandum, will be distributed through City Manager's weekly General Information Memo, which is available in the City Clerk's Office. · Send out "Frequently Asked Questions" Frequently asked questions and responses regarding the proposed annexation ^ .,~ ...... ~ ......~ ......... rsspons~c will be prepared by the n~...~., made available on the Staff n .... , .... ~, q~,i~. -~ ........... City's website at ~.bakersfieldcity.us and provided at informational meetings. Additionally, a copy will be included with the Notice of Proposed Annexation and mailed to all propeAy. owners/occupants within the proposed area. Standard questions will appear on all le~ers. Some additional questions and / answers with regard to taxes or other issues specific to the area may be included. · Informational Meetings At least one mandatory noticed informational meeting at a public facility will be conducted within the proposed annexation area. The Kern County Supervisor representing the area and County staff will be invited to these meetings ~'-o* .,~,..~.. . .... ;, ~.., .,..~,4,..., .... ,4,,,., City Councilmembers may wish to also schedule additional informal meetings in the area in order to share information and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. · It is the intent of this section to assure that information is readily available and shared with citizens. With this in mind, staff will attempt to use the internet to disseminate annexation information when financially feasible. It is imperative that staff be available to respond to questions by citizens and share information in either a group or individual setting. Notification r~,.,.~. ,he h.....~,.,-, h.~o ~'~'e" °"~"~'~"~'~'~ written notice will be mailed to all property owners/occupants within the proposed area, Net-iee ,A/ill ;n,-,h .,4,~ ,'.1--~+~ fi .... ,N I,-,,',--~{';,'~n ,~ h~:~."~rin,,-* A~l~li{'i,~n,-~lh, There will be a prepaid post card included in the net!ce giving requesting the owner/occupant a.. ,-,r~r-v.~"~';*",~...,~ to express their opinion regarding the annexation, by mail or personal delivery. This is an informal request for information and not a formal voting procedure. The notice will be prepared and mailed by City Clerk Staff no later than 20 days prior to the heaci~ Resolution of Application. See attached Exhibit "1" and "2" 2 · Resolution of Application A Resolution of Application for Annexation of a proposed area will be brought to the Council for ........ ~ ''* the ~,,l~ ~+i~ ~ll .... ;~ t~ ~*;~ he3' g ................... ~ .......... ~,,~ ........ ~,,~ ~ ~,~1~,,~ ~,, ~*h .... ~.~ h,, ~ ..... n consideration. The public can address the Council at this time. Final approval of the proposed annexation will be determined by the Local Agency Formation Commission (LAFCO). Contact LAFCO at (66.1) 716-1076 for additional information on their proceedings. 3 EXHIBIT "1" NOTICE OF HE^RING n=."r~o," 'ru,- t'~t'~l IId/~ll t'tr. TUr''' /~ITV f'~r-- i:~AI4, r'D~I=iI=i rt PROPOSED ANNEXATION BY THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN cf =Hcadng bcfcrc that the Bakersfield City Council is propose~ing annexation of inhabited territory to the City of Bakersfield known as City of Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA #12. Thc hear!n§ A Resolution of Application will be held heard before the City Council of the City of Bakersfield and '::!!! be~!~ at 7:00 p.m. at 6:30 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, NOVEMBER 14, 2001, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301 Th .......... 'F I-k. k~,~rinn ;¢ 1' ..... purpose of this action is to initiate proceedings with the Local Agency Formation Commission (LAFCO). The area being considered is generally located north and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territory. These proceedings were initiated by the property owner(s) or City (choose one).. The reason the 'has proposed this annexation is WRITTE.H CO.M.MENTS The City Council is interested in your written comments regarding the proposed annexation. Comments may be filed by any owner/occupant within the proposed annexation area, by returning the enclosed, postage paid postcard, or letter with the City Clerk at any time prior to adoption of the Resolution of Application by the City Council. Final approval of the proposed annexation will be determined by the Local Agency Formation Commission (LAFCO). Contact LAFCO at (661) 716-1076 for additional information on their proceedings. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield NOTE: Notice to be mailed in City of Bakersfield Envelope with "Public Hecring ,Not!cc" in Red Ink. NOTICE OF HEAR!NG R,~GARDgNG PROPOSED ANNEXATION Date: ,November !4, 200! T;~. 7.~ ~ ~'~,r ~ ~m I ~;~. 4 ;~4 Tr, ,vt, ,~ A.,~ ~ ~;f,~ W~II ~, ,~;I A Resolution of Application is being proposed for the following territory. The City Council would like to receive your comments, prior to adopting the Resolution. Please complete this card and return to the City Clerk. This is for information purposes only and not an official vote. Regarding: Annexation No. 398, Generally Known as Panama ~12 __ I suppo~ the proposed annexation __ I oppose the proposed annexation __/have no preference regarding annexation __ I request additional information regarding: For Annexation Information Contact: For Annexation Information Contact City Planning ~ (661)326-3733 LAFCO ~ (661) 716-1076 Councilmember ~ (661) ~x-x~x B A K E R S F i E L D' City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301