For the purpose of this chapter, the following definitions shall apply:
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, 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.
CONTROLLED SUBSTANCE. A drug or substance whose possession and use are regulated under the California Uniform Controlled Substances Act (Health and Safety Code §§ 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription, or in the case of medical cannabis, a recommendation for medical marijuana from an approved provider, or a State of California medical marijuana ID card.
JUVENILE DIVERSION PROGRAM. A juvenile diversion program approved by the Chief of Police of the Town of Fairfax or his/her designee that includes components such as peer to peer review, requires accountability for a participant, requires parent participation for the affected underage person and involves interactive participation by underage participants. A JUVENILE DIVERSION PROGRAM can also include participation in a restorative justice type program (e.g., Youth Court).
LOUD OR UNRULY GATHERING. A party or gathering of two or more persons at a residence or on other private property or rented public property or on a party bus or limousine upon which loud or unruly conduct occurs. Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to:
(1) Excessive noise;
(2) Excessive traffic;
(3) Obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets;
(4) Public intoxication or unlawful public consumption of alcohol or alcoholic beverages, marijuana or any controlled substance;
(5) Assaults, batteries, fights, domestic violence or other disturbances of the peace;
(6) Vandalism;
(7) Litter; or
(8) Any other conduct that constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare.
MARIJUANA. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The prohibition herein includes marijuana/cannabis in any form including but not limited to cigarettes, vapor, hashish, food products/edibles containing marijuana or concentrated marijuana and any other product of marijuana. For purposes of this chapter, the term MARIJUANA may be used interchangeably with the term cannabis. Such term does not include medicinal marijuana possessed with a recommendation for medical marijuana from an approved provider, or a State of California medical marijuana ID card.
MINOR. Any person less than 21 years of age.
PERSON RESPONSIBLE FOR THE EVENT. Includes, but is not limited to:
(1) The person who owns, rents, leases or otherwise has control of the premises where the gathering occurs;
(2) The person in charge of the premises; and/or
(3) The person who organized the event.
If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the administrative fine.
UNDERAGE PERSON. Any person less than 21 years of age and shall have the same meaning as MINOR, defined in this section.
(Ord. 725, passed 11-7-2007; Am. Ord. 802, passed 8-3-2016; Am. Ord. 815, passed 1-16-2018)