(A) Violation(s); civil penalties. It shall be a civil violation for a person to conduct or allow a gathering involving underage drinking where alcohol is served to, consumed by or in the possession of an underaged person on premises owned by the person responsible for the gathering, on premises rented by or to the person responsible for the gathering, on premises where the person responsible for the gathering resides or on premises where the person responsible for the gathering is in control of such premises during the gathering. Law enforcement personnel, at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for law enforcement to issue this civil citation.
(1) A first violation of this section shall result in a notice of violation with a $550 civil penalty. A second violation shall result in a notion of violation with a $750 civil penalty. A third or subsequent violation shall result in a notice of violation with a $1,000 civil penalty.
(2) Peace officers employed by the city are hereby authorized to issue notices of violations for violations of this chapter. A city police officer shall give notice of a violation of this chapter by issuing a notice of violation to any and all responsible persons identified by law enforcement within 30 days of the violation. The notice of violation shall also give notice of the right to request an administrative hearing to challenge the validity of the notice of violation and the time for requesting that hearing.
(3) The civil penalty prescribed in this section is in addition to any civil cost recovery fee for public safety responses that may be assessed pursuant to division (B) below.
(4) In the event that the responsible person who is in violation of this chapter is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the civil violation.
(B) Imposition of civil cost recovery fee for public safety responses.
(1) In addition to any civil penalty imposed for violation of this chapter, when any gathering involving underage drinking occurs at a residence or on other private property or rented public property a peace officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the peace officer shall give to the person(s) responsible for the gathering warning that a second or follow up violation of this chapter on the same date or within six months of the date of the warning shall result in his, her or their liability for the cost of providing public safety services (i.e., fire, ambulance, sheriff and other emergency providers). The requirement of a first warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on the same day that the warning is given if the warning does not end the gathering involving underage drinking. The cost recovery for public safety responses shall be separate and distinct from a civil penalty for a civil violation described in division (A) above.
(2) The amount of cost recovery under this division (B) shall be the response costs.
(3) The city’s Police Department shall develop a schedule of costs for use in determining response costs subject to this chapter.
(4) In the event that the responsible person who is in violation of this chapter is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of civil penalties for the cost of providing public safety services.
(5) If there is more than one responsible person for the gathering, then each responsible person shall be jointly and severally liable for the civil penalty and/or for the costs incurred for public safety services pursuant to this chapter.
(6) Civil cost recovery fee(s) shall not be imposed for the medical response costs in those situations where those present at the gathering call for emergency services for an actual emergency at the premises.
(C) Hearings on the imposition of civil fine and/or imposition of civil cost recovery fee for public safety response; appeals.
(1) Appointment of an Administrative Hearings Officer. The City Council hereby appoints the person holding the position of Municipal Judge as the Administrative Hearings Officer (“Hearings Officer”).
(2) Administrative hearing. Any person subject to a civil penalty pursuant to division (A) above or subject to a civil cost recovery fee for public safety responses pursuant to division (B) above shall have the right to request an administrative bearing within 45 days of the issuance of a notice of violation. To request such a hearing, the person requesting the hearing shall notify the Hearings Officer in writing within 45 days of the issuance of the citation.
(3) Powers and duties. The Hearings Officer is delegated the power and duty to hear any appeal hearing under this division (C). The Hearings Officer shall conduct a hearing on the matter within 90 days of the request for the hearing unless one of the parties requests a continuance for good cause. The Hearings Officer shall render a decision within 30 days of the conclusion of the hearing. The Hearings Officer shall have the sole authority for sustaining or overturning a notice of violation or imposition of response costs issued under this chapter. The decision of the Hearings Officer shall be final.
(D) Billing and civil penalty and civil cost recovery fee for public safety responses; debt to city; enforcement.
(1) (a) The amount of a civil penalty and/ or civil cost recovery fee for public safety responses shall be deemed a debt owed to the city by the person responsible for the gathering and, if that person is a juvenile, then also his or her parents or guardians. Any person owing such penalty and/or fees shall be liable in an action brought in the name of the county for recovery of such penalty and/or fees.
(b) The Police Chief shall mail notice via certified mail within 20 days of the response for which the person is liable giving rise to such costs. The Police Chief shall calculate and compile an itemized list of applicable response costs. The notice shall contain the following information:
1. The name(s) of the person(s) being held liable for the payment of such costs;
2. The address of the residence or other private property where the gathering involving underage drinking occurred;
3. The date and time of the response;
4. The law enforcement, fire and/or emergency service responder who responded;
5. The date and time of any previous warning given pursuant to division (B) above;
6. An itemized list of the response costs for which the person(s) is liable;
7. Information regarding the date payment is due; and
8. The right to request an administrative hearing to challenge the imposition of response costs and/or civil penalties.
(c) The responsible person must remit payment of the noticed costs and/or civil penalties to the city 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 division (C) above.
(2) City Council shall have the authority to file any action or proceeding to recover such civil penalties, public safety response costs, expenses and/or civil penalties and take any other actions at law which he or she may deem necessary to recover same.
(E) Remedies cumulative; actions; relationship to other laws. The remedies provided under this chapter are cumulative and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law; nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law or prohibit any conduct authorized by the State or Federal Constitution.
(Ord. 2017-04, passed 4-4-2017)